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MEDICAL TREATMENT (HEALTH DIRECTIONS) ACT 2006 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     Act

              •     doctor

              •     nurse

              •     power.

"day hospital "means a facility where a person is admitted for surgical or medical treatment and discharged on the same day.

"decision-making capacity"—see the Powers of Attorney Act 2006, section 9 (1).

"disability care" means care that is provided to a person with a disability in a residential facility in which the person is also provided with accommodation that includes—

        (a)     appropriate staffing to meet the nursing and personal care needs of the person; and

        (b)     meals and cleaning services; and

        (c)     furnishings, furniture and equipment for the provision of the care and accommodation.

"health care facility" means a hospital, residential aged care facility or residential disability care facility.

Note     Hospital, residential aged care facility and residential disability care facility are defined in this dictionary.

"health direction" means a direction under section 7.

"health professional" means a doctor or nurse.

"hospital "means a public hospital, private hospital or day hospital.

"impaired decision-making capacity"—see the Powers of Attorney Act 2006, section 9 (2).

"palliative care" includes—

        (a)     the provision of reasonable medical and nursing procedures for the relief of pain, suffering and discomfort; and

        (b)     the reasonable provision of food and water.

"residential aged care facility" means a residential facility that provides residential care to residents at the facility.

"residential care"—see the Aged Care Act 1997 (Cwlth), section 41-3 (Meaning of residential care).

"residential disability care facility"—

        (a)     means a residential facility that provides disability care to people with disabilities; but

        (b)     does not include a residential aged care facility.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

par = paragraph/subparagraph

def = definition

pres = present

dict = dictionary

prev = previous

disallowed = disallowed by the Legislative

(prev...) = previously

Assembly

pt = part

div = division

r = rule/subrule

exp = expires/expired

renum = renumbered

Gaz = gazette

reloc = relocated

hdg = heading

R[X] = Republication No

IA = Interpretation Act 1967

RI = reissue

ins = inserted/added

s = section/subsection

LA = Legislation Act 2001

sch = schedule

LR = legislation register

sdiv = subdivision

LRA = Legislation (Republication) Act 1996

sub = substituted

mod = modified/modification

SL = Subordinate Law

o = order

underlining = whole or part not commenced

om = omitted/repealed

or to be expired

3     Legislation history

Medical Treatment (Health Directions) Act 2006 A2006-51

notified LR 29 November 2006
s 1, s 2 commenced 29 November 2006 (LA s 75 (1))
remainder commenced 30 May 2007 (s 2 and see Powers of Attorney Act 2006 A2006-50 s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Repeal of Medical Treatment Act 1994
s 23     om LA s 89 (3)








© Australian Capital Territory 2007

2006-5100.jpg
Australian Capital Territory

A2006-51

Republication No 1

Effective: 30 May 2007

Republication date: 30 May 2007

Act not amended





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Medical Treatment (Health Directions) Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 30 May 2007. It also includes any amendment, repeal or expiry affecting the republished law.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

2006-5100.jpg
Australian Capital Territory

Medical Treatment (Health Directions) Act 2006


Endnotes

2006-5100.jpg
Australian Capital Territory

Medical Treatment (Health Directions) Act 2006




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