MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 - SECT 17 Witnessing and certification requirements

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 - SECT 17

    (1)     The witnessing requirements for an advance care directive are the following—

        (a)     2 adult witnesses are required to witness the signing of the document;

        (b)     each witness must sign and date the document in the presence of—

              (i)     the person giving the advance care directive; and

              (ii)     each other;

        (c)     at least one of the witnesses must be a registered medical practitioner and must write the qualification of that registered medical practitioner on the document;

        (d)     neither witness may be an appointed medical treatment decision maker of the person giving the advance care directive;

        (e)     in the case of an advance care directive being given by a child, at least one of the witnesses must be a registered medical practitioner or psychologist with the prescribed training and experience.

    (2)     Each witness referred to in subsection (1) must certify on the document that—

        (a)     at the time of signing the document, the person giving the advance care directive appeared to have decision-making capacity in relation to each statement in the directive; and

        (b)     the person appeared to freely and voluntarily sign the document; and

        (c)     the person signed the document in the presence of the 2 witnesses; and

        (d)     the witness is not an appointed medical treatment decision maker of the person.

    (3)     Each witness referred to in subsection (1) must certify on the document that, at the time of signing the document, the person giving the advance care directive appeared to understand the nature and effect of each statement in the directive.