Section 45Part 6 — ETHICS COMMITTEES
Procedural fairness requirements
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45. (1) This section applies for issues about which an Ethics Committee may make decisions under this Act except a decision to make a temporary order.
An Ethics Committee shall allow an interested person an opportunity to be heard on an issue before it makes a decision on the issue. Health Care Decisions Act (2022 Revision) Clause 46 c Revised as at 31st December, 2021 Page 27
Subsection (2) shall not apply in relation to a nearest relative if —
after having made reasonable endeavours to locate that nearest relative, the Ethics Committee is unaware of that nearest relative’s whereabouts; or
all of the following apply —
that nearest relative is not in the Islands; electronically; and relevant directive-maker’s best interest.
it is not practicable to communicate with that nearest relative
the Ethics Committee considers that delaying its decision is not in the
An Ethics Committee may, but need not, conduct enquiries and act on any information or opinion it has, forms or obtains about an issue.
An Ethics Committee may only rely on the information or opinion if it has given all interested persons an opportunity to respond to the information or opinion.
In deciding the nature and extent of the opportunity required under this section, an Ethics Committee may take into account the directive-maker’s best interest and the need to decide the issue expeditiously.