Section 42K – the process
The following online notification form has been prepared to assist practitioners to provide the Office of the Public Advocate (OPA) with the required information.
1. Complete and submit the notice online.
2.The OPA Advice Service will telephone the registered practitioner or the person authorised to submit the notice to confirm receipt of the notice, and to ascertain whether the legislative requirements have been met.
Please note that compliance with the legislative requirements permits the carrying out, or the supervision of the carrying out, of medical or dental treatment without the consent of the person responsible. The giving of the section 42K notice to OPA is a legislative requirement for the practitioner, but does not mean that OPA is providing consent.
Please note that under the Act, the Public Advocate may make an application to VCAT in relation to any matter, question or dispute relating to medical or dental treatment.
Section 42K Notice Requirements
Guardianship and Administration Act 1986
S42K(1)(c) The practitioner, before carrying out, or supervising the carrying out of, the medical or dental treatment, gives notice to the Public Advocate in accordance with sub-section (2).
S42K(2) A notice referred to under sub-section (1)(c) must include the following information:
a. the nature of the patient’s condition
b. the medical or dental treatment the registered practitioner proposes carrying out on the patient
c. that the practitioner believes on reasonable grounds that the proposed treatment is in the best interests of the patient; and
d. that despite reasonable efforts by the practitioner, the practitioner has been unable to ascertain whether there is a person responsible for the patient or, if there is a person responsible, the practitioner has been unable to ascertain who that person is or to contact that person.
S42K(3) A registered practitioner who carries out, or supervises the carrying out of, medical or dental treatment on a patient under this section must state in writing on the clinical records relating to that patient:
a. why the treatment is considered to be in the best interests of the patient; and
b. how the treatment is considered to promote or maintain the health and wellbeing of the patient.