Victorian Numbered Acts

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MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 7

Principles

    (1)     A person exercising a power or performing a function or duty under this Act must have regard to the following principles—

        (a)     a person—

              (i)     has the right to make informed decisions about the person's medical treatment or medical research procedures that may be administered to the person; and

              (ii)     should be given, in a sensitively communicated and clear and open manner, information about medical treatment or medical research procedure options, including comfort and palliative care, to enable the person to make informed decisions;

        (b)     the informed decisions of a person made under paragraph (a) should be respected and given effect to;

        (c)     a person has the right to be shown respect for the person's culture, beliefs, values and personal characteristics;

        (d)     a person's preferences, values and personal and social wellbeing should direct decisions about the person's medical treatment or medical research procedures that may be administered to the person;

        (e)     a person should be supported to enable the person to make decisions about the person's medical treatment or medical research procedures that may be administered to the person;

        (f)     a person may exercise autonomy with regards to medical treatment or medical research procedures that may be administered to the person by—

              (i)     making decisions; and

              (ii)     setting out preferences and values in advance; and

              (iii)     appointing a medical treatment decision maker; and

              (iv)     appointing a support person; and

              (v)     making collaborative decisions with family or community;

        (g)     a partnership between a person and the person's family and carers and health practitioners is important to achieve the best possible outcomes.

    (2)     In subsection (1), the reference to a person exercising a power or performing a function or duty under this Act includes VCAT.



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