Personal reflections of a tribunal member--the interface between medical practice and legal decision making in guardianship
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Published on: February 16, 2011
1Bendigo Health Care Group, Australia.
Abstract:
Tribunals are often constituted by members of the legal profession. Sometimes members are appointed because of specific expertise in a certain area. The area of guardianship, being a protective jurisdiction, has aspects that make it different from other areas often dealt with by tribunals. Interpersonal skills for tribunal members are important, as well as an understanding of the health system. Being both a tribunal member and a medical practitioner brings a unique experience to practice as a doctor but also to practice as part of a tribunal. It raises some dilemmas as well. This paper gives a brief outline of the role of the Guardianship List of the Victorian Civil and Administrative Tribunal in Australia. It discusses the experience of a Tribunal member, from a decision-making perspective and a professional expertise perspective, resulting in an ultimately unique picture that assists in achieving a necessary outcome for the benefit of the person in need of assistance.
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