ADVANCE CARE DIRECTIVES ACT 2013
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 References to provision of health care to include withdrawal etc of health care
- 5 References to particular forms of health care in advance care directives
- 5A References to advance care directive to include certain digital copies
- 6 Health practitioner cannot be compelled to provide particular health care
- 7 Impaired decision-making capacity
- 7A Interaction with Voluntary Assisted Dying Act
- 8 Application of Act
- 8A Interaction with other Acts and laws
PART 2--Objects and principles
PART 3--Advance care directives
Division 1--Advance care directives
- 11 Giving advance care directives
- 12 Provisions that cannot be included in advance care directives
- 13 Advance care directive not to give power of attorney
- 14 Giving advance care directives where English not first language
- 15 Requirements for witnessing advance care directives
- 16 When advance care directives are in force
- 17 Advance care directive revokes previous advance care directives
- 18 No variation of advance care directive
- 19 Binding and non-binding provisions
- 20 Advance care directive has effect subject to its terms
Division 2--Substitute decision-makers
- 21 Requirements in relation to appointment of substitute decision-makers
- 22 Substitute decision-makers empowered separately and together etc
- 23 Powers of substitute decision-maker
- 24 Exercise of powers by substitute decision-maker
- 25 Substitute decision-maker to give notice of decisions
- 26 Substitute decision-maker may obtain advice
- 27 Substitute decision-maker may renounce appointment
- 28 Death of substitute decision-maker does not affect validity of advance care directive
Division 3--Revoking advance care directives
Subdivision 1--Revoking advance care directive where person competent- 29 Revoking advance care directive where person competent Subdivision 2--Revoking advance care directive where person not competent
- 30 Application of Subdivision
- 31 Tribunal to be advised of wish for revocation
- 32 Revoking advance care directives where person not competent
PART 4--Recognition of advance care directives from other jurisdictions
- 33 Advance care directives from other jurisdictions
PART 5--Giving effect to advance care directives
- 34 When things can happen under an advance care directive
- 35 Substitute decision-maker to give effect to advance care directive
- 36 Health practitioners to give effect to advance care directives
- 37 Conscientious objection
- 38 Consent etc taken to be that of person who gave advance care directive
- 39 Consent taken to be withdrawn in certain circumstances
PART 6--Validity and limitation of liability
- 40 Presumption of validity
- 41 Protection from liability
- 42 Validity of acts etc under revoked or varied advance care directive
PART 7--Dispute resolution, reviews and appeals
Division 1--Preliminary
Division 2--Resolution of disputes by Public Advocate
- 45 Resolution of disputes by Public Advocate
- 46 Public Advocate may refer matter to Tribunal
- 46A Public Advocate may refer question of law to Supreme Court
Division 3--Resolution of disputes by Tribunal
- 47 Tribunal to give priority to wishes of person who gave advance care directive
- 48 Resolution of disputes by Tribunal
- 49 Tribunal may refer matter to Public Advocate
- 50 Failing to comply with direction of Tribunal
- 51 Orders of Tribunal in relation to substitute decision-makers
Division 4--Urgent review by Supreme Court of substitute decision-maker's decision
- 52 Urgent review by Supreme Court
Division 5--Reviews and appeals
- 53 Reviews and appeals
PART 7A--Special provisions relating to Tribunal
- 54 Tribunal must give notice of proceedings
- 54A Reasons for decisions
- 54B Representation of person who is subject of proceedings