Victorian Consolidated Legislation

Medical Treatment Act 1988 - SECT 5

PART 2 REFUSAL OF TREATMENT

Refusal of treatment certificate

5. Refusal of treatment certificate



(1) If a registered medical practitioner and another person are each
satisfied-

   (a)  that a patient has clearly expressed or indicated a decision-

   (i)  to refuse medical treatment generally; or

   (ii) to refuse medical treatment of a particular kind-

for a current condition; and

   (b)  that the patient's decision is made voluntarily and without inducement
        or compulsion; and

   (c)  that the patient has been informed about the nature of his or her
        condition to an extent which is reasonably sufficient to enable the
        patient to make a decision about whether or not to refuse medical
        treatment generally or of a particular kind (as the case requires) for
        that condition and that the patient has appeared to understand that
        information; and

   (d)  that the patient is of sound mind and has attained the age of 18
        years-

the registered medical practitioner and the other person may together witness
a refusal of treatment certificate.

(2) A refusal of treatment certificate must be in the form of Schedule 1.

(3) For the purposes of subsection (1)(a), the patient may clearly express or
indicate a decision in writing, orally or in any other way in which the person
can communicate.