{"id":"a-2006-51","name":"Medical Treatment (Health Directions) Act 2006","slug":"medical-treatment-health-directions-act-2006","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"51 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23921,"registerId":"act-a-2006-51-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Medical Treatment (Health Directions) Act 2006","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMedical Treatment (Health Directions)\nAct 2006\nA2006-51\nRepublication No 3\nEffective: 1 November 2025\nRepublication date: 1 November 2025\nLast amendment made by A2025-22\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Medical Treatment (Health Directions) Act 2006 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n1 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 1 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMedical Treatment (Health Directions)\nAct 2006\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Objectives of Act 2\n6 Other legal rights not affected 3\nPart 2 Making and revoking health directions\n7 Making health directions 4\n8 Requirements for written health directions 4\n9 Requirements for non-written health directions 5\n10 Revocation of health directions 5\n\nContents\nPage\ncontents 2 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Health directions and health professionals\n11 People with decision-making capacity to be informed of alternatives\netc 6\n12 Health professionals not to proceed if unsure 7\n13 Notification of patients making or revoking health direction 7\n14 Copy of patients making or revoking health direction 8\n15 Health professionals not liable for certain decisions 8\n16 Protection of health professionals relying on decisions 8\n17 Adequate pain relief 9\nPart 4 Health directions and other statutory\ninstruments\n18 Effect of health directions on later guardian or health attorney 10\n19 Relationship between health directions and enduring powers of\nattorney 11\nPart 5 Miscellaneous\n20 Offence to dishonestly induce making or revocation of health direction 13\n21 Approved forms 13\n22 Regulation-making power 13\nDictionary 14\nEndnotes\n1 About the endnotes 15\n2 Abbreviation key 15\n3 Legislation history 16\n4 Amendment history 16\n5 Earlier republications 17\n\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMedical Treatment (Health Directions)\nAct 2006\nAn Act to provide for directions about the withholding or withdrawal of medical\ntreatment, and for related purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Medical Treatment (Health Directions) Act 2006.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘decision-making capacity—see the\nPowers of Attorney Act 2006, section 9 (1).’ means that the term\n‘decision-making capacity’ is defined in that section and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Objectives of Act\nThe objectives of this Act are—\n(a) to protect the right of patients to refuse unwanted medical\ntreatment; and\n(b) to ensure the right of patients to receive relief from pain and\nsuffering to the maximum extent that is reasonable in the\ncircumstances.\n\nPreliminary Part 1\nSection 6\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Other legal rights not affected\n(1) This Act does not affect any right of a person under any other territory\nlaw to refuse medical treatment.\n(2) This Act does not apply to palliative care and does not affect any\nright, power or duty that a health professional or anyone else has in\nrelation to palliative care.\n(3) The refusal or withdrawal of medical treatment under this Act does\nnot limit any duty of a health professional or anyone else—\n(a) to advise and inform the patient or the patient’s agent or\nguardian; or\n(b) to provide medical treatment other than the medical treatment\nthat has been refused or withdrawn.\n\nPart 2 Making and revoking health directions\nSection 7\npage 4 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Making and revoking health\ndirections\n7 Making health directions\n(1) An adult can make a direction (a health direction) to refuse, or\nrequire the withdrawal of, medical treatment generally or a particular\nkind of medical treatment.\n(2) A health direction may be made in writing, orally or in any other way.\n(3) However, a health direction cannot be made by—\n(a) a person for whom a guardian is appointed under the\nGuardianship and Management of Property Act 1991; or\n(b) anyone else who has impaired decision-making capacity.\n8 Requirements for written health directions\nA written health direction is not valid unless—\n(a) it is signed by the maker of the direction or by someone else in\nthe presence of and at the direction of the person making the\ndirection; and\n(b) the signature is witnessed by 2 other people; and\n(c) each witness signs the direction in the presence of the other\nwitness and the person making the direction.\nNote If a form is approved under s 21 for this provision, the form must be used.\n\nMaking and revoking health directions Part 2\nSection 9\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Requirements for non-written health directions\n(1) A health direction (other than a written direction) is not valid unless\nit is witnessed by 2 health professionals (1 of whom is a doctor)\npresent at the same time.\n(2) Subsection (1) is subject to section 6 (Other legal rights not affected)\nand section 11 (People with decision-making capacity to be informed\nof alternatives etc).\n10 Revocation of health directions\n(1) A health direction to refuse, or for the withdrawal of, medical\ntreatment may be revoked by the person who gave the direction\nclearly expressing to a health professional or someone else a decision\nto revoke the direction.\n(2) For subsection (1), a person may clearly express or indicate a decision\nin writing, orally or in any other way.\n\nPart 3 Health directions and health professionals\nSection 11\npage 6 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Health directions and health\nprofessionals\n11 People with decision-making capacity to be informed of\nalternatives etc\n(1) This section applies if—\n(a) a person has made a health direction; and\n(b) the person has decision-making capacity.\n(2) Before complying with the health direction, a health professional\ntreating the person must take all reasonable steps to ensure that the\nperson has been informed about—\n(a) the nature of the person’s illness; and\n(b) any alternative forms of treatment that may be available; and\n(c) the consequences of the available forms of treatment; and\n(d) the consequences of remaining untreated.\n(3) The health professional must not give effect to the health direction\nunless the health professional believes, on reasonable grounds, that\nthe person—\n(a) has understood the information provided under subsection (2);\nand\n(b) has weighed the various options; and\n(c) after weighing the options, has confirmed the decision—\n(i) to refuse medical treatment; or\n(ii) to have medical treatment withdrawn.\n\nHealth directions and health professionals Part 3\nSection 12\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Health professionals not to proceed if unsure\nA health professional must not withhold or withdraw medical\ntreatment from a person in accordance with a health direction unless\nthe health professional believes, on reasonable grounds, that—\n(a) the direction complies with this Act; and\n(b) the person has not revoked the direction or changed the person’s\ndecision since making the direction.\n13 Notification of patients making or revoking health\ndirection\n(1) This section applies if a health professional or someone else becomes\naware that a patient in a health care facility—\n(a) has made a health direction; or\n(b) has revoked a health direction.\n(2) The health professional or other person must tell the person in charge\nof the health care facility about the making or revoking of the health\ndirection and the circumstances in which the direction was made or\nrevoked.\n(3) In this section:\nday hospital means a facility where a person is admitted for surgical\nor medical treatment and discharged on the same day.\nhealth care facility means a hospital, residential care home or\nresidential disability care facility.\nhospital means a public hospital, private hospital or day hospital.\nresidential care home means a residential care home under the\nAged Care Act 2024 (Cwlth).\n\nPart 3 Health directions and health professionals\nSection 14\npage 8 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nresidential disability care facility—\n(a) means a residential facility that provides disability care to\npeople with disabilities; but\n(b) does not include a residential care home.\n14 Copy of patients making or revoking health direction\nIf the person in charge of a health facility is told under section 13\nabout a patient making or revoking a health direction, the person must\ntake reasonable steps to ensure that—\n(a) a copy of the health direction or revocation is placed with the\npatient’s file; or\n(b) if it is not possible to get a copy of the health direction or\nrevocation—a note about the direction or revocation is placed\nwith the patient’s file.\n15 Health professionals not liable for certain decisions\n(1) This section applies if a health professional makes a decision honestly\nabout whether a person—\n(a) revoked, or intended to revoke, a health direction; or\n(b) was, or was not, at the time of making a health direction, capable\nof understanding the nature and effect of the direction.\n(2) Civil or criminal liability is not incurred only because of the making\nof the decision.\n16 Protection of health professionals relying on decisions\n(1) This section applies to a health professional, or a person acting under\nthe direction of a health professional, if—\n(a) the health professional makes a decision that the health\nprofessional believes, on reasonable grounds, complies with this\nAct; and\n\nHealth directions and health professionals Part 3\nSection 17\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the health professional, or other person, honestly and in reliance\non the decision, withholds or withdraws medical treatment from\na person.\n(2) The withholding or withdrawing of treatment is not—\n(a) a breach of professional etiquette or ethics; or\n(b) a breach of a rule of professional conduct.\n(3) Civil or criminal liability is not incurred only because of the\nwithholding or withdrawing of treatment.\n17 Adequate pain relief\n(1) This section applies in relation to a person who—\n(a) has given a health direction that medical treatment be withheld\nor withdrawn from the person; and\n(b) is under the care of a health professional.\n(2) The person has a right to receive relief from pain and suffering to the\nmaximum extent that is reasonable in the circumstances.\n(3) In providing relief from pain and suffering to the person, the health\nprofessional must give adequate consideration to the person’s account\nof the person’s level of pain and suffering.\n\nPart 4 Health directions and other statutory instruments\nSection 18\npage 10 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Health directions and other\nstatutory instruments\n18 Effect of health directions on later guardian or health\nattorney\n(1) This section applies if—\n(a) a person has made a health direction; and\n(b) a doctor declares that the person has become a person with\nimpaired decision-making capacity; and\n(c) after the direction was made—\n(i) a guardian is appointed for the person under the\nGuardianship and Management of Property Act 1991; or\n(ii) a health attorney is asked to give a consent under the\nGuardianship and Management of Property Act 1991,\nsection 32D.\n(2) Any power of the guardian or health attorney to consent to medical\ntreatment for the person, or to the person participating in medical\nresearch or low-risk research, must be exercised in a way that is\nconsistent with the health direction.\n(3) However, a health attorney need not act consistently with a health\ndirection if it is not reasonable to do so.\nExamples\n1 a health attorney is asked to make an urgent medical decision and the health\nattorney does not have time to look at the health direction\n2 a health attorney is unaware, after making reasonable enquiries, that a health\ndirection exists\nNote A health attorney is protected from civil and criminal actions and\nproceedings in relation to consent given, or not given, in good faith as a\nhealth attorney (see Guardianship and Management of Property\nAct 1991, s 32K).\n\nHealth directions and other statutory instruments Part 4\nSection 19\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nlow-risk research, in relation to a person—see the Powers of Attorney\nAct 2006, section 41A.\nmedical research, in relation to a person—see the Powers of Attorney\nAct 2006, section 41A.\n19 Relationship between health directions and enduring\npowers of attorney\n(1) This section applies if—\n(a) a person makes—\n(i) a health direction; and\n(ii) an enduring power of attorney under the Powers of\nAttorney Act 2006; and\n(b) the enduring power of attorney deals with a health care matter\nor a medical research matter.\n(2) If the health direction is consistent with the enduring power of\nattorney, an attorney authorised under the enduring power of attorney\nmust comply with the health direction when making a decision about\na health care matter or medical research matter.\n(3) However, if the health direction is inconsistent with the enduring\npower of attorney, when making a decision about a health care matter\nor medical research matter, the attorney must comply with—\n(a) if the health direction was made before the power of attorney—\nthe power of attorney; or\n(b) if the health direction was made after the power of attorney—\nthe health direction.\n(4) The ACAT may, on application by an attorney, declare that a health\ndirection is consistent or inconsistent with an enduring power of\nattorney.\n\nPart 4 Health directions and other statutory instruments\nSection 19\npage 12 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\nattorney—see the Powers of Attorney Act 2006, section 6.\nhealth care matter, for a principal—see the Powers of Attorney\nAct 2006, section 12.\nmedical research matter, for a principal—see the Powers of Attorney\nAct 2006, section 12A.\nprincipal—see the Powers of Attorney Act 2006, section 6.\n\nMiscellaneous Part 5\nSection 20\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n20 Offence to dishonestly induce making or revocation of\nhealth direction\nA person must not dishonestly induce someone else to make or revoke\na health direction.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n21 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\nNote The Legislation Act contains provisions about forms (see s 255).\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n22 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nDictionary\npage 14 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Act\n• doctor\n• nurse\n• power.\ndecision-making capacity—see the Powers of Attorney Act 2006,\nsection 9 (1).\ndisability care means care that is provided to a person with a disability\nin a residential facility in which the person is also provided with\naccommodation that includes—\n(a) appropriate staffing to meet the nursing and personal care needs\nof the person; and\n(b) meals and cleaning services; and\n(c) furnishings, furniture and equipment for the provision of the\ncare and accommodation.\nhealth direction means a direction under section 7.\nhealth professional means a doctor or nurse.\nimpaired decision-making capacity—see the Powers of Attorney\nAct 2006, section 9 (2).\npalliative care includes—\n(a) the provision of reasonable medical and nursing procedures for\nthe relief of pain, suffering and discomfort; and\n(b) the reasonable provision of food and water.\n\nEndnotes\nAbout the endnotes 1\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 16 Medical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\nR3\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMedical Treatment (Health Directions) Act 2006 A2006-51\nnotified LR 29 November 2006\ns 1, s 2 commenced 29 November 2006 (LA s 75 (1))\nremainder commenced 30 May 2007 (s 2 and see Powers of Attorney\nAct 2006 A2006-50 s 2)\nas amended by\nPowers of Attorney Amendment Act 2016 A2016-10 sch 1 pt 1.2\nnotified LR 1 March 2016\ns 1, s 2 commenced 1 March 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 September 2016 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 3) A2025-22 sch 1 pt 1.3\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 November 2025 (s 2 (3) (a) and see Aged\nCare Act 2024 (Cwlth) s 7)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nNotification of patients making or revoking health direction\ns 13 am A2025-22 amdt 1.5\nEffect of health directions on later guardian or health attorney\ns 18 sub A2016-10 amdt 1.30\nRelationship between health directions and enduring powers of attorney\ns 19 sub A2016-10 amdt 1.30\nRepeal of Medical Treatment Act 1994\ns 23 om LA s 89 (3)\nDictionary\ndict def day hospital om A2025-22 amdt 1.6\ndef health care facility om A2025-22 amdt 1.6\ndef hospital om A2025-22 amdt 1.6\ndef residential aged care facility om A2025-22 amdt 1.6\ndef residential care om A2025-22 amdt 1.6\ndef residential disability care facility om A2025-22 amdt 1.6\n\nEndnotes\nEarlier republications 5\nR3\n01/11/25\nMedical Treatment (Health Directions) Act 2006\nEffective: 01/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n30 May 2007\n30 May 2007–\n31 Aug 2016\nnot amended new Act\nR2\n1 Sept 2016\n1 Sept 2016–\n31 Oct 2025\nA2016-10 amendments by\nA2016-10\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on recognising and regulating patient refusals of medical treatment and ensuring pain relief (its original purpose). Amendments reflected in the republication (notably in 2016 and 2025) update cross-references, clarify interactions with the Powers of Attorney and Guardianship regimes, and adjust facility/definition references to align with the Aged Care Act 2024 and related instruments. Those changes align the Act with other modernised instruments rather than expanding its core substantive scope of allowing capacitated adults to refuse or have treatment withdrawn."},"complexity_factors":["Short Act: about 22 substantive sections (Parts 1–5) plus a short dictionary.","Multiple cross-references to external Acts: Powers of Attorney Act 2006 (definitions and concepts), Guardianship and Management of Property Act 1991, and the Aged Care Act 2024 (via amendments).","Signpost definitions in the dictionary that import external definitions (e.g. decision-making capacity, impaired decision-making capacity).","Two parallel validity regimes with distinct formalities: written directions (s 8) vs non-written directions witnessed by health professionals including a doctor (s 9).","Conditional rules about who can make directions (exclusion of people with guardians or impaired capacity) and about when guardians/attorneys must follow directions (s 7(3), s 18).","Precedence rules for conflicting instruments (health directions vs enduring power of attorney) with chronological tie-breaker and ACAT review power (s 19).","Liability protections for health professionals conditional on honesty and reasonable grounds (ss 15–16), introducing judgment-based standards.","Exception carve-outs: palliative care excluded from Act (s 6), and a 'not reasonable to do so' exception for health attorneys (s 18(3)).","Administrative duties for facilities (notification and record-keeping) combined with ministerial approved forms and regulation-making power (ss 13–14, 21–22)."],"plain_english_summary":"**What this law does (short answer)**\n\n- The Act lets an adult in the ACT refuse particular medical treatment now or direct that certain treatment be withdrawn (a \"health direction\"). (s 7)\n- It requires health professionals to check a person still understands and intends the decision before stopping or refusing treatment, and it protects professionals who act reasonably on those decisions. (ss 11, 12, 15, 16)\n- It preserves the person's right to pain relief even when other treatment is refused or withdrawn. (s 17)\n\n**Who is affected**\n\n- Adults who want to refuse or have treatment withdrawn (\"makers\" of health directions). (s 7)\n- Health professionals (doctors and nurses) who must verify capacity, inform patients of alternatives, record directions, and may lawfully act on valid directions. (ss 9, 11–17)\n- Guardians, health attorneys and attorneys appointed under other Territory laws — those decision-makers must act in ways that are consistent with a prior health direction unless doing so would be unreasonable. (ss 18–19)\n- Health care facilities — staff must be told if a patient has made or revoked a health direction and must ensure the direction or a note about it is placed on the patient file. (ss 13–14)\n- Anyone who dishonestly induces another person to make or revoke a health direction may be criminally liable. (s 20)\n\n**How to make or revoke a health direction (practical mechanics)**\n\n- A health direction can be written, oral or given in another form. (s 7(2))\n- Written directions are valid only if signed by the maker (or signed for them at their direction) and witnessed by two other people who sign in each other's presence and in the presence of the maker. (s 8)\n- Non-written (oral or other) directions are valid only if witnessed simultaneously by two health professionals, one of whom must be a doctor. (s 9)\n- A maker can revoke a direction by clearly expressing the revocation to a health professional or someone else, in writing, orally or otherwise. (s 10)\n- Note: a person who already has a guardian appointed or who lacks decision-making capacity cannot make a health direction under this Act. (s 7(3))\n\n**Checks, safeguards and duties on health professionals**\n\n- Before following a direction from a person who has decision-making capacity, the treating professional must take reasonable steps to explain the illness, alternatives, consequences of treatment and of remaining untreated, and must be satisfied on reasonable grounds that the person understood, weighed the options and confirmed the decision. (s 11)\n- A professional must not proceed with withholding/withdrawing treatment under a direction unless they reasonably believe the direction complies with the Act and has not been revoked or changed. (s 12)\n- If staff become aware a patient in a hospital, residential care or residential disability care facility has made or revoked a direction, they must tell the person in charge; that person must place a copy or a note on the patient file. (ss 13–14)\n- The Act excludes palliative care from its operation and does not affect other legal rights to refuse treatment under other Territory law. (s 6)\n\n**Interaction with guardians, attorneys and enduring powers**\n\n- If a guardian or health attorney is appointed after a person made a health direction, the guardian/health attorney must exercise consent powers consistently with the direction, except where it would not be reasonable to do so (examples given, e.g. urgent decisions or lack of knowledge despite reasonable enquiries). (s 18)\n- If someone has both a health direction and an enduring power of attorney that deals with health matters, the later instrument generally prevails: if the power of attorney post-dates the direction the power of attorney prevails; if the direction post-dates the power of attorney, the direction prevails. ACAT can be asked to declare consistency or inconsistency. (s 19)\n\n**Protections and enforcement**\n\n- Health professionals who act honestly and on reasonable grounds have statutory protection from civil or criminal liability for making capacity-related decisions or for relying on those decisions when withholding/withdrawing treatment. (ss 15–16)\n- There is a criminal offence for dishonestly inducing someone to make or revoke a health direction (penalty: up to 100 penalty units and/or 1 year imprisonment). (s 20)\n- The Minister may approve forms which must be used for particular purposes; regulations may be made to support the Act. (ss 21–22)\n\n**Stated purpose vs practical implications**\n\n- The Act's stated objectives are to protect patients' rights to refuse unwanted medical treatment and to ensure reasonable relief from pain and suffering. (s 5)\n- Mechanically, the Act achieves this by: creating a statutory form of refusal (health direction); specifying formalities for validity; imposing duties on treating professionals to assess capacity, inform patients, and record directions; and by protecting clinicians who act in good faith. (ss 7–17)\n\n**Costs, incentives, trade-offs and implementation risks**\n\n- Administrative burden: health facilities must track and file directions and revocations (ss 13–14). Hospitals and private providers will carry the costs of recording and staff training. Forms approved by the Minister (s 21) can reduce uncertainty but create compliance requirements.\n- Proof and uncertainty: oral directions require two health professional witnesses including a doctor (s 9), which reduces fraud risk but increases the practical difficulty of making spontaneous non-written directions. The strict signature/witness rules for written directions (s 8) increase legal certainty but create an access cost for people who cannot easily arrange witnesses.\n- Professional caution: because professionals must be satisfied on reasonable grounds about capacity and about compliance with the Act before withholding/withdrawing treatment (ss 11–12), there is an incentive to continue treatment unless the direction is clear — this may cause conservative clinical behaviour in borderline cases.\n- Interaction with substitute decision-makers: the Act limits what guardians/attorneys can do by requiring consistency with prior directions (s 18), which reduces the substitute decision-maker’s freedom in favour of prior patient autonomy. The reasonableness carve-out in s 18(3) preserves flexibility in emergencies but introduces an interpretation task for clinicians and attorneys.\n- Risks of dispute and delay: mixed instruments (health directions plus enduring powers) and cross-references to other Acts (Guardianship, Powers of Attorney) create potential for litigation or ACAT applications if parties disagree about consistency or capacity (s 19).\n- Limited direct fiscal transfers: individuals bear most of the up-front costs to execute valid directions (arranging witnesses); health providers absorb record-keeping costs; penalties target dishonest inducement (s 20). The Act does not create an ongoing public funding obligation beyond existing care duties such as palliative care (s 6).\n\n**Net effect (mechanical)**\n\n- The Act legally recognises and constrains refusals/withdrawals of treatment by capacitated adults, places duties on clinicians to ensure informed, genuine decisions, gives statutory protection to clinicians acting reasonably, and sets how those directions interact with later substitute decision-makers. (ss 5–19)\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing a statutory mechanism for adults to refuse or withdraw medical treatment. The 2025 amendments updated terminology (replacing 'residential aged care facility' with 'residential care home' and updating references to the Commonwealth Aged Care Act 2024), but did not expand the substantive scope beyond treatment refusal directions and their interaction with guardianship and enduring powers of attorney."},"complexity_factors":["Short statute — only 22 sections across 5 Parts","Minimal defined terms — approximately 8 substantive definitions in the Dictionary, with several signpost definitions pointing to the Powers of Attorney Act 2006","Straightforward conditional structure — most sections use simple 'if-then' logic without nested exceptions","Limited cross-referencing — primarily references to the Powers of Attorney Act 2006, Guardianship and Management of Property Act 1991, and Aged Care Act 2024 (Cwlth)","Clear delineation between written and non-written direction requirements in Part 2","Single offence provision (s 20) with standard penalty structure","No complex machinery provisions or appellate mechanisms within the Act itself"],"plain_english_summary":"This Act lets adults in the ACT make a formal health direction refusing or asking to stop medical treatment now or for the future, including if they later lose capacity. It affects capable patients, clinicians who must verify and follow valid directions, and care facilities that must record them.\n\nDirections require witnesses (formal rules differ for written vs verbal), can be revoked simply, protect a right to pain relief, and do not govern palliative/comfort care. It preserves patient autonomy and legal protections for clinicians."}},"importantCases":[],"_links":{"self":"/api/acts/medical-treatment-health-directions-act-2006","history":"/api/acts/medical-treatment-health-directions-act-2006/history","analysis":"/api/acts/medical-treatment-health-directions-act-2006/analysis","conflicts":"/api/acts/medical-treatment-health-directions-act-2006/conflicts","importantCases":"/api/acts/medical-treatment-health-directions-act-2006/important-cases","documents":"/api/acts/medical-treatment-health-directions-act-2006/documents"}}