In certain circumstances, SACAT can revoke an advance care directive on behalf of a person who is not competent. The issue of whether to revoke an advance care directive may come before the Tribunal in one of two ways:

Notification of a person's wish to revoke

If someone becomes aware that a person who is no longer competent to revoke an advance care directive wishes or appears to wish to revoke their advance care directive, then they must advise SACAT as soon as practicable in accordance with SACAT's rules and directions [s 31(1), Advance Care Directives Regulations 2014 reg 11].

Upon receiving notification of an alleged wish to revoke, SACAT may give any directions that the Tribunal thinks necessary or desirable in the circumstances of the case [s 31(2)]. It is an offence to fail to comply with such a direction of SACAT, with a maximum penalty of $20,000 or imprisonment for 6 months [s 31(3)].

A decision by SACAT following notification of a person's wish to revoke an advance care directive is a decision made under its original jurisdiction [s 31(6)], which means that the decision is subject to its internal review process, see State administrative appeals.

Formal application to revoke

A formal application to revoke must be made in the manner and form set out by SACAT [s 32(2)(a)(i)].

When SACAT will revoke an advance care directive

If SACAT receives a notification of a person's wish to revoke an advance care directive or a formal application to revoke an advance care directive, SACAT must revoke the advance care directive if satisfied that [s 32(2)(b)]:

An advance care directive may state that it is not to be revoked under s 31 or s 32. If so, the Tribunal 'should not revoke the advance care directive unless satisfied that the current wishes of the person who gave the advance care directive indicate a conscious wish to override such a provision' [s 32(3)].

If the Tribunal revokes an advance care directive, it [s 32(4)]:

In the case of an urgent request for revocation of an advance care directive, the Tribunal may make a decision without giving notice of the proceedings. However, the decision may only have effect for up to 21 days [s 54(2)]. See SACAT - notice of proceedings.