Dispute Resolution

An Advance Care Directive (ACD) is a set of instructions about health care and treatment.  These instructions include details of the treatment that you want to receive or treatment that you do not want to receive in the future.

It is an opportunity to write down your wishes, preferences and directions, in advance, in case you lose the ability to make and communicate these decisions yourself.

An ACD allows your health care professionals, and others who support you, to understand what is important to you and what you do and don’t want. The ACD only comes into effect if you become unable to make decisions about health care and treatment, either permanently or temporarily.

Please refer to the attached Information Sheet for more information about Advance Care Directives.

Advance Care Directives - Information Sheet

Advance Care Directive - Print Form

The Dispute Resolution Service helps people to work through disagreements about advance health care decisions by:

• helping to ensure that all parties are aware of their rights and obligations in relation to giving and
  implementing ACDs
• facilitating full and open discussion to help identify and resolve the issues in dispute
• identifying options that may remove the need for more formal proceedings in the Tasmanian Civil
  and Administrative Tribunal

Our Dispute Resolution Service is:

• Voluntary
• Confidential
• Person-centred
• Human-Rights based
• Future-focused

Disputes may be resolved through preliminary assistance, education, or mediation.  Mediation is a collaborative, voluntary, non-coercive, problem-solving process.  Throughout mediation an independent practitioner assists the participants to come together, discuss the issues in dispute and find acceptable solutions.

Timeframes for mediation can vary depending on the complexity and urgency of the matter.

If an agreement is reached between the parties through mediation, the Public Guardian will:

• document the agreements made through the dispute resolution process;
• ensure all parties involved in the dispute sign a copy of the agreements reached;
• provide a copy to the Tasmanian Civil and Administrative Tribunal so that it can be attached to the copy of the ACD in the register.

It is important to note that mediation won’t always be appropriate due to several factors, including the timeframe that the decision has to be made in.  Mediation will not always bring a resolution to the dispute and matters may have to be referred to the Tribunal.  We may also bring mediation to a close if we feel the matter is best dealt with by the Tribunal or at the request of a party to a mediation.

The Tribunal is able to settle disputes in relation to ACDs. On application, the Tribunal may review a matter dealt with by the Public Guardian and cancel, vary or revoke an agreement. The Tribunal also has the power to make binding directions in relation to an ACD, including in relation to:

• whether the person making the ACD did or did not have decision-making ability to make the ACD;
• whether an ACD is valid; or
• whether a person has authority to make a decision in relation to an ACD.

Fact sheet - What is Mediation?

Office of the Public Guardian Dispute Resolution fact sheet (PDF, 141.8 KB)

You can apply for dispute resolution if you are:

• the person who gave the Advance Care Directive.
• an authorised decision-maker or person responsible for the person who gave the Advance Care Directive
• a health practitioner or health service giving, or proposing to give, health care to the person
• a party to a mediation held in respect of an advance care directive
• any other person who has a proper interest in the life of the person and the dispute

You are eligible to apply for Dispute Resolution if:

• a person has made an Advance Care Directive
• there is a dispute about the making or revoking of the Advance Care Directive
• there is a dispute about health decisions included in the Advance Care Directive

Dispute Resolution Form

Dispute Resolution application form
(DOCX, 385.4 KB)

If you need assistance, a verbal application can be made over the phone or in person at the Office of the Public Guardian.  You can contact the office via phone: (03) 6165 3444

Your application can be lodged by returning it to the Office of the Public Guardian via:

Post:  GPO Box 825, Hobart, TAS, 7001

Email:  OPG@publicguardian.tas.gov.au

Fax: (03) 61730268

In some instances, mediation will not always bring a resolution to the dispute and matters may have to be referred to the Tribunal.  At any time, the Public Guardian may bring mediation to a close and make application to TASCAT, if in their opinion the matter is best dealt with by the Tribunal or at the request of a party to a mediation.

Further information relating to the role of TASCAT in making determinations about ACDs can be found via the Tribunal's Fact Sheet -  Advance Care Directive

Dispute resolution and mediation are completely voluntary. Participants are encouraged to remain involved in the mediation process once it has begun until an agreement is reached.

However, participants can leave at any time.   If a participant wishes to withdraw from the process there are options to meet with the mediator privately either to try to resolve issues impacting on participation, or, to convey their views (with permission) to be taken into consideration in the mediation process.

Yes, the Dispute Resolution process is bound by strict confidentiality rules.  Anything said or done in the course of mediation is not able to be shared, including with the Tribunal, unless the consent of all parties is provided.

There mediator will need to disclose to the appropriate authorities any threats or actual harm to the person the mediation is about, or to other potential participants.

The Public Guardian is also required to share the outcome of mediation or dispute resolution with the Tribunal including a mediation agreement. The Tribunal will attach it to the ACD and keep it on their register.

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