Victorian Numbered Acts

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

Matters of which VCAT must be satisfied before making an order

    (1)     Before making an order under this Division in respect of a person to whom medical treatment is being administered, VCAT must be satisfied that the person does not have decision-making capacity in relation to the medical treatment decision that is the subject of the proceeding.

    (2)     Before making an order under this Division, VCAT must be satisfied that the order is consistent with the following—

        (a)     any known preferences and values of the person to whom medical treatment is being administered, whether—

              (i)     expressed by way of a values directive or otherwise; or

              (ii)     inferred from the person's life;

        (b)     promoting the personal and social wellbeing of the person, having regard to the need to respect the person's individuality.



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