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MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Decision-making capacity  
   5.      VCAT orders in relation to decision-making capacity  
   6.      Types of directives  
   7.      Principles  
   8.      Health practitioner cannot be compelled to provide particular medical treatment or futile or non-beneficial medical treatment  

   PART 2--ADVANCE CARE DIRECTIVES

   9.      Medical treatment to include medical research  
   10.     Other rights to refuse medical treatment not affected  
   11.     Interpreting an advance care directive  
   12.     Content of advance care directives  
   13.     Who may give an advance care directive?  
   14.     Offence to induce giving of advance care directive  
   15.     False or misleading statements  
   16.     Formal requirements  
   17.     Witnessing and certification requirements  
   18.     Unlawful statements in advance care directives  
   19.     When is an advance care directive in force?  
   20.     Amendment or revocation  
   21.     Non-compliance with formal requirements  
   22.     VCAT orders in relation to advance care directives  
   23.     Further considerations for revoking, varying or suspending an instructional directive  
   24.     Parties to VCAT proceeding  

   PART 3--MEDICAL TREATMENT DECISION MAKERS AND SUPPORT PERSONS

   25.     Medical treatment to include medical research  
   26.     Appointment of medical treatment decision maker  
   27.     Powers of appointed medical treatment decision maker  
   28.     Formal requirements  
   29.     Acceptance of appointment by appointed medical treatment decision maker  
   30.     Revocation of appointment  
   31.     Appointment of support person  
   32.     Role of support person  
   33.     Formal requirements  
   34.     Acceptance of appointment by support person  
   35.     Revocation of appointment  
   36.     Witnessing and certification requirements  
   37.     Signing at the direction of the person making or revoking an appointment  
   38.     When is an appointment under this Part in force?  
   39.     Resignation of appointed medical treatment decision maker or support person  
   40.     Appointee to be informed if appointment revoked  
   41.     Offence to purport to act as an appointed medical treatment decision maker or a support person  
   42.     Offence to induce appointment of appointed medical treatment decision maker  
   43.     VCAT orders in relation to appointed medical treatment decision makers and support persons  
   44.     Further considerations for declaring an appointment or a revocation invalid  
   45.     Non-compliance with formal requirements  
   46.     Further considerations for revoking or varying an appointment  
   47.     Parties to VCAT proceeding  

   PART 4--MEDICAL TREATMENT DECISIONS

   48.     Application of Part  
   49.     Duty of care not affected  
   50.     Requirement to ascertain existence of advance care directives and medical treatment decision makers  
   51.     Circumstances in which health practitioner may refuse to comply with an instructional directive  
   52.     No liability if this Part complied with  
   53.     Medical treatment and medical research procedures in an emergency  
   54.     Administering palliative care  
   55.     Who is a person's medical treatment decision maker?  
   56.     Record keeping requirements  
   57.     Medical treatment to which Division does not apply  
   58.     Consent to medical treatment  
   59.     Consent if person is likely to recover within a reasonable time  
   60.     Giving effect to an advance care directive  
   61.     Decision by medical treatment decision maker  
   62.     Health practitioner to notify Public Advocate if decision maker refuses significant treatment  
   63.     Medical treatment decisions if there is no advance care directive and no medical treatment decision maker  
   64.     Division does not apply to special medical procedure  
   65.     Who can apply for an order?  
   66.     Orders in relation to medical treatment decisions  
   67.     Application by Public Advocate  
   68.     Further orders VCAT can make  
   69.     Matters of which VCAT must be satisfied before making an order  
   70.     VCAT may give advisory opinion to medical treatment decision maker or health practitioner  
   71.     Parties to VCAT proceeding  

   PART 5--MEDICAL RESEARCH

   72.     Application of Part  
   73.     Requirement to ascertain existence of advance care directives and medical treatment decision makers  
   74.     Protection of medical research practitioner  
   75.     Approval to administer a medical research procedure  
   76.     Medical research procedure to be administered in accordance with approval  
   77.     Consent of medical treatment decision maker  
   78.     Medical research practitioner must record basis for administering medical research procedure in clinical records  
   79.     Application of Division  
   80.     Administering a medical research procedure if person has no medical treatment decision maker  
   81.     Medical research practitioner's certificate  
   82.     Applications to VCAT  
   83.     Medical treatment decision maker may seek advice  
   84.     Offence to administer unapproved medical research procedure  
   85.     Offence to administer medical research procedure without consent or authorisation  

   PART 6--VCAT JURISDICTION

   86.     Notice requirements  
   87.     Interim and temporary orders  
   88.     Application for rehearing  
   89.     Powers of VCAT on rehearing  
   90.     Parties and notice  
   91.     Stay of first instance order pending rehearing  
   92.     Nature of rehearing  

   PART 7--GENERAL

   93.     Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   94.     Disclosure of health information to medical treatment decision maker or support person  
   95.     Recognition of advance care directives made in other States and in Territories  
   96.     Recognition of appointments made in other States and in Territories  
   97.     Unlawful terms  
   98.     Record keeping requirements  
   99.     Assistance of interpreter  
   100.    Regulations  

   PART 8--REPEAL AND SAVINGS AND TRANSITIONAL PROVISIONS

   101.    Medical Treatment Act 1988 repealed  
   102.    Refusal of treatment certificates and agents under enduring powers of attorney (medical treatment)  
   103.    Enduring powers of attorney with power to make medical treatment decisions and enduring powers of guardianship  
   104.    Consent to medical research procedures under the Guardianship and Administration Act 1986  
   105.    Regulations dealing with transitional matters  

   PART 9--AMENDMENT OF MENTAL HEALTH ACT 2014

   106.    Section 90 substituted  
   107.    Meaning of a course of electroconvulsive treatment  
   108.    When may electroconvulsive treatment be performed?  
   109.    Application to perform electroconvulsive treatment on a young person  
   110.    New section 94A inserted  
   111.    Listing of electroconvulsive treatment applications by Tribunal  
   112.    Powers of Tribunal in respect of electroconvulsive treatment application  
   113.    Order approving electroconvulsive treatment  
   114.    Electroconvulsive treatment must not be performed in certain circumstances  
   115.    Use of electroconvulsive treatment to be reported to chief psychiatrist  
   116.    Definitions  
   117.    What is medical treatment?  
   118.    Meaning of informed consent  
   119.    Who may consent to medical treatment if patient does not have capacity to give informed consent?  
   120.    Matters authorised psychiatrist must have regard to if consenting to medical treatment of patient  
   121.    Urgent medical treatment  
   122.    Disclosure of health information  

   PART 10--CONSEQUENTIAL AMENDMENTS AND REPEALS

   123.    Definitions  
   124.    Objects of Act  
   125.    Functions of the Public Advocate  
   126.    Powers and duties of Public Advocate  
   127.    Authority of plenary guardian  
   128.    New section 28A inserted  
   129.    Heading to Part 4A substituted  
   130.    Persons to whom Part applies  
   131.    Person responsible  
   132.    Best interests  
   133.    Section 39 substituted  
   134.    Effect of consent  
   135.    Section 41 substituted  
   136.    Section 42 amended  
   137.    Emergency treatment  
   138.    Heading to Division 4 of Part 4A substituted  
   139.    Section 42B amended  
   140.    Guidelines for special procedures  
   141.    Section 42E amended  
   142.    Section 42F amended  
   143.    Section 42G amended  
   144.    Other medical or dental treatment and medical research procedures  
   145.    Application for rehearing  
   146.    General penalty  
   147.    Supreme Court—Limitation of jurisdiction  
   148.    Regulations  
   149.    Medical research procedures  
   150.    Definitions  
   151.    Power to make and scope of appointment  
   152.    New Division 4 inserted into Part 10  
   153.    Heading to Part 14 of Schedule 1 amended  
   154.    New clause 46G inserted in Schedule 1  
   155.    Clauses 47 to 50 of Schedule 1 amended  
   156.    Information systems  
   157.    Health Records Act 2001  
   158.    Privacy and Data Protection Act 2014  
   159.    Road Safety Act 1986  
   160.    Severe Substance Dependence Treatment Act 2010  
   161.    Repeal of amending provisions  
           ENDNOTES


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