Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

MEDICAL TREATMENT (HEALTH DIRECTIONS) ACT 2006 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     Act

              •     doctor

              •     nurse

              •     power.

"day hospital "means a facility where a person is admitted for surgical or medical treatment and discharged on the same day.

"decision-making capacity"—see the Powers of Attorney Act 2006

, section 9 (1).

"disability care" means care that is provided to a person with a disability in a residential facility in which the person is also provided with accommodation that includes—

        (a)     appropriate staffing to meet the nursing and personal care needs of the person; and

        (b)     meals and cleaning services; and

        (c)     furnishings, furniture and equipment for the provision of the care and accommodation.

"health care facility" means a hospital, residential aged care facility or residential disability care facility.

Note     Hospital, residential aged care facility and residential disability care facility are defined in this dictionary.

"health direction" means a direction under section 7.

"health professional" means a doctor or nurse.

"hospital "means a public hospital, private hospital or day hospital.

"impaired decision-making capacity"—see the Powers of Attorney Act 2006

, section 9 (2).

"palliative care" includes—

        (a)     the provision of reasonable medical and nursing procedures for the relief of pain, suffering and discomfort; and

        (b)     the reasonable provision of food and water.

"residential aged care facility" means a residential facility that provides residential care to residents at the facility.

"residential care"—see the Aged Care Act 1997

(Cwlth), section 41-3 (Meaning of residential care).

"residential disability care facility"—

        (a)     means a residential facility that provides disability care to people with disabilities; but

        (b)     does not include a residential aged care facility.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

or to be expired

3     Legislation history

Medical Treatment (Health Directions) Act 2006 A2006-51

notified LR 29 November 2006
s 1, s 2 commenced 29 November 2006 (LA s 75 (1))
remainder commenced 30 May 2007 (s 2 and see Powers of Attorney Act 2006

A2006-50 s 2)

as amended by

Powers of Attorney Amendment Act 2016

A2016-10 sch 1 pt 1.2

notified LR 1 March 2016

s 1, s 2 commenced 1 March 2016 (LA s 75 (1))

sch 1 pt 1.2 commenced 1 September 2016 (s 2 and LA s 79)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Effect of health directions on later guardian or health attorney
s 18     sub A2016-10

amdt 1.30

Relationship between health directions and enduring powers of attorney
s 19     sub A2016-10

amdt 1.30

Repeal of Medical Treatment Act 1994
s 23     om LA s 89 (3)

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date

Effective

Last amendment made by

Republication for

R1
30 May 2007

30 May 2007–
31 Aug 2016

not amended

new Act







© Australian Capital Territory 2016

ACT
Crest high res small
Australian Capital Territory

A2006-51

Republication No 2

Effective: 1 September 2016

Republication date: 1 September 2016

Last amendment made by A2016-10






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Medical Treatment (Health Directions) Act 2006

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 1 September 2016

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 September 2016

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • authorised republications to which the Legislation Act 2001

applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001

, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001

, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001

, s 133).

ACT
Crest high res small
Australian Capital Territory

Medical Treatment (Health Directions) Act 2006


Endnotes16

ACT
Crest high res small
Australian Capital Territory

Medical Treatment (Health Directions) Act 2006



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback