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MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 12

Content of advance care directives

    (1)     An advance care directive is a document that sets out a person's binding instructions or preferences and values in relation to the medical treatment of that person in the event that the person does not have decision-making capacity for that medical treatment.

    (2)     An advance care directive may contain either or both of the following—

        (a)     an instructional directive;

        (b)     a values directive.

    (3)     For the purposes of subsection (2), each of the following is a values directive—

        (a)     any statement that is not expressly identified on the face of the document as an instructional directive;

        (b)         any instructional directive that is of unclear or uncertain application in relation to particular circumstances but that is still indicative of a person's preferences or values in relation to those circumstances;

        (c)     any statement—

              (i)     purporting to consent to a special medical procedure; or

Note

See Part 4A of the Guardianship and Administration Act 1986 .

              (ii)     concerning palliative care; or

              (iii)     made in a document of another State or a Territory recognised as an advance care directive under section 95.



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