ADVANCE PERSONAL PLANNING ACT 2013
ADVANCE PERSONAL PLANNING ACT 2013
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Definitions
4. Meaning of planning capacity
5. Meaning of reasonably believes
6. Decision-making capacity and impaired decision-making capacity
7. Application of Criminal Code
PART 2--ADVANCE PERSONAL PLANS
8. Adult may make advance personal plan
9. Form of advance personal plan
10. Advance personal plan to be signed and witnessed
11. Duration of advance personal plan
12. Amendment or revocation by adult
13. Non-compliance with formal requirements
14. Multiple advance personal plans
PART 3--DECISION MAKERS
Division 1--Appointments
15. Who can be appointed as a decision maker
16. Appointment of decision maker for matters
17. Appointment options for decision makers
18. Restrictions, requirements and directions
19. When appointment of decision maker ceases
Division 2--Authority of decision makers
20. Authority of decision maker
21. Exercise of authority by decision maker
22. Decision-making principles
23. When decision maker is excused from exercising substituted judgment
24. Excluded matters
25. Restricted health matters
26. Effect of exercise of authority by decision maker
27. Decision maker unaware of entitlement to act or not
Division 3--Specific powers and duties of decision makers
28. Right to documents and information
29. Information and things may be given to decision maker
30. Record keeping and reporting requirements
31. Property to be managed as if trust property
32. Gifts
33. Maintenance of dependants
34. Transfer when person ceases to be decision maker
Division 4--Reimbursement and remuneration
35. Reimbursement of expenses
36. Remuneration for professional decision maker
37. Reimbursement and remuneration for other services provided by decision maker to represented adult
PART 4--CONSENT TO HEALTH CARE ACTION
Division 1--Preliminary matters about consent to health care action
38. Scope of consent decisions
39. When statement in advance personal plan constitutes advance consent decision
39A. Guardian having authority prima facie evidence of adult's lack of capacity
Division 2--Consent to health care action
40. Application of Division
41. Advance consent decision
42. Consent decision by decision maker or adult guardian
43. Willing and able to make informed consent decision
44. Consent decisions by Tribunal
44A. Consent decisions by persons under other laws
Division 3--Health care providers
45. Health care provider relying on advance consent decision
46. Health care provider relying on consent of decision maker or adult guardian
47. Health care provider relying on consent of Tribunal
48. Health care provider relying on another provider to ascertain consent
49. Health care provider acting with consent of adult when unaware of impaired capacity
Division 4--Miscellaneous matters
50. No obligation to take health care action
51. Unlawful health care action not permitted
52. Conduct amounting to unprofessional conduct
53. Effect of decision refusing consent on provision of emergency treatment
54. Other laws allowing treatment without consent not affected
55. Other rights preserved
PART 4A--DEALINGS IN RELATION TO LAND
Division 1--Dealings by decision makers
55A. Advance personal plan must be registered
Division 2--Advance Personal Plans (Part 4A) Register
55B. Advance Personal Planning (Part 4A) Register
55C. Registration of advance personal plans
55D. Fees
PART 5--CIVIL AND ADMINISTRATIVE TRIBUNAL
Division 1--Preliminary matters
55E. Definitions
Division 1A--Jurisdiction of Tribunal
56. Jurisdiction of Tribunal
57. Tribunal to act in accordance with decision-making principles
58. Declarations as to validity, status, powers etc.
59. Orders to decision makers
60. Orders to former decision maker
61. Tribunal may amend or revoke advance personal plan
62. Tribunal to endorse cessation of decision maker
63. Application for urgent consent decision
64. Effect of application to Tribunal on consent decision
Division 2--Procedure for Tribunal
66. How proceeding to be commenced
67. Parties
69. Tribunal proceedings to be private
69A. Reasons may be given orally
70. Reporting on proceedings relating to Part 4
PART 6--ENFORCEMENT
Division 1--Investigations
75. Requirement to provide information, produce documents etc.
Division 2--Offences
76. Falsely representing to be decision maker
77. Improper inducement in relation to advance personal plan
78. Improper exercise of authority by decision maker
79. Inducing decision maker to exercise authority improperly
80. Misleading information
Division 3--Criminal liability for offences
81. Alternative verdicts
Division 4--Consequences of finding of guilt
82. Termination of appointment as decision maker and disqualification
83. Payment of compensation to represented adult
Division 5--Legal proceedings
84. Commencement of prosecution
85. When prosecution to be started
PART 7--MISCELLANEOUS MATTERS
86. Approved forms
87. Advance Personal Plans (General) Register
88. Recognition of interstate documents
89. Other rights not affected
90. Regulations
PART 8--REPEALS AND TRANSITIONAL MATTERS
Division 1--Repeals
91. Natural Death Act 1988 repealed
Division 2--Transitional matters for Advance Personal Planning Act 2013
92. Continuation of directions under Natural Death Act 1988
Division 3--Transitional matters for Advance Personal Planning Amendment Act 2016
93. Definitions
94. Appeals to Supreme Court
95. Applications to Local Court
96. Offence provisions – before and after commencement
ENDNOTES
