Victorian Numbered Acts

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MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 52

No liability if this Part complied with

    (1)     A health practitioner who, in good faith and without negligence, administers or does not administer medical treatment to a person under this Part and believes on reasonable grounds that the requirements of this Part have been complied with is not—

        (a)     guilty of an offence; or

        (b)     liable for unprofessional conduct or professional misconduct; or

        (c)     liable in any civil proceeding; or

        (d)     liable for contravention of any code of conduct.

    (2)     A health practitioner who, in good faith, without negligence and in reliance on an instructional directive, administers or does not administer medical treatment that the practitioner believes on reasonable grounds is in accordance with that instructional directive is not because of the administration or failure to administer that medical treatment

        (a)     guilty of an offence; or

        (b)     liable for unprofessional conduct or professional misconduct; or

        (c)     liable in any civil proceeding; or

        (d)     liable for contravention of any code of conduct.

    (3)     For the purposes of subsection (2), a person who acts in good faith in reliance on an advance care directive that has been revoked or is invalid, but who is not aware of the revocation or invalidity, is to be treated as having acted in good faith in reliance on that directive.

Note

An instructional directive that is voided and severed from an advance care directive by section 18 is not part of that advance care directive.



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