{"id":"sr:medical-treatment-planning-and-decisions-regulations-2018","name":"Medical Treatment Planning and Decisions Regulations 2018","slug":"medical-treatment-planning-and-decisions-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183343,"registerId":"vic-sr:medical-treatment-planning-and-decisions-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Medical Treatment Planning and Decisions Regulations 2018","content":"Version No. 001\n\n**Medical Treatment Planning and Decisions Regulations 2018**\n\n**S.R. No. 13/2018**\n\nVersion as at  \n12 March 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\n5 Witnessing and certification requirements 2\n\n6 Formal requirements for appointment of an appointed medical treatment decision maker 3\n\n7 Formal requirements for appointment of a support person 4\n\n═════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **001**\n\n**Medical Treatment Planning and Decisions Regulations 2018**\n\n**S.R. No. 13/2018**\n\nVersion as at  \n12 March 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe the following matters to give effect to the **Medical Treatment Planning and Decisions Act 2016**—\n\n(a) training and experience requirements for witnesses of a child's advance care directive;\n\n(b) formal requirements for the appointment of an appointed medical treatment decision maker;\n\n(c) formal requirements for the appointment of a support person.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 100 of the **Medical Treatment Planning and Decisions Act 2016**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 12 March 2018.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***registered psychologist*** means a person who is registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);\n\n***the Act***  means the **Medical Treatment Planning and Decisions Act 2016**.\n\n\t5 Witnessing and certification requirements\n\n(1) For the purposes of section 17(1)(e) of the Act, the prescribed training and experience requirements for a registered medical practitioner who witnesses an advance care directive given by a child are—\n\n(a) a current Fellowship of the Royal Australian and New Zealand College of Psychiatrists; and\n\n(b) one of the following—\n\n(i) a Certificate of Child and Adolescent Psychiatry awarded by the Royal Australian and New Zealand College of Psychiatrists;\n\n(ii) a current Membership of the Faculty of Child and Adolescent Psychiatry of the Royal Australian and New Zealand College of Psychiatrists.\n\n(2) For the purposes of section 17(1)(e) of the Act, the prescribed training and experience requirements for a registered psychologist who witnesses an advance care directive given by a child are—\n\n(a) a current endorsement by the Psychology Board of Australia as a clinical neuropsychologist or as a clinical psychologist; and\n\n(b) current employment as a psychologist providing specialist paediatric care—\n\n(i) in one of the following, all within the meaning of section 3(1) of the **Health Services Act 1988**—\n\n(A) a health service establishment;\n\n(B) a multi purpose service;\n\n(C) a registered community health centre;\n\n(D) a registered funded agency; or\n\n(ii) in a women's health service listed in Schedule 6 to the **Health Services Act 1988**; or\n\n(iii) by any other person, body or organisation that provides, delivers or facilitates access in relation to health services including, but not limited to—\n\n(A) disability services; or\n\n(B) palliative care services.\n\n\t6 Formal requirements for appointment of an appointed medical treatment decision maker\n\nFor the purposes of section 28(1)(c) of the Act, the prescribed details for an appointment of an appointed medical decision maker are the following—\n\n(a) the name of the appointee;\n\n(b) the date of birth of the appointee;\n\n(c) the address of the appointee.\n\n\t7 Formal requirements for appointment of a support person\n\nFor the purposes of section 33(c) of the Act, the prescribed details for an appointment of a support person are the following—\n\n(a) the name of the appointee;\n\n(b) the date of birth of the appointee;\n\n(c) the address of the appointee.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Medical Treatment Planning and Decisions Regulations 2018, S.R. No. 13/2018 were made on 13 February 2018 by the Governor in Council under section 100 of the **Medical Treatment Planning and Decisions Act 2016**, No. 69/2016 and came into operation on 12 March 2018: regulation 3.\n\nThe Medical Treatment Planning and Decisions Regulations 2018 will sunset 10 years after the day of making on 13 February 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Medical Treatment Planning and Decisions Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence the scope changed from its original intent. The regulations appear to serve their standard supporting role to the parent Act, providing procedural and administrative detail. No amendments or scope expansions are visible in the version history provided."},"complexity_factors":["Very limited substantive content was provided — the document appears to contain only version history and metadata, not the actual regulatory provisions","Regulations of this type typically involve prescribed forms and procedural steps that require cross-referencing with the parent Act","Subject matter (advance care directives and medical decision-making) involves sensitive legal concepts like substitute decision-making and legal capacity","Operates within a broader legislative framework requiring knowledge of the parent Medical Treatment Planning and Decisions Act 2016","Inherently lower complexity than the parent Act as regulations typically deal with administrative detail rather than substantive rights"],"plain_english_summary":"These regulations implement the Medical Treatment Planning and Decisions Act 2016 by prescribing the practical rules—forms, fees and procedures—that make advance care directives and substitute decision‑making work in Victoria. They affect patients, support persons, decision‑makers, clinicians and health services by setting how legal treatment wishes are documented and acted on, ensuring consistent, legally recognised processes when someone can’t speak for themselves."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing specific procedural requirements (witness qualifications and appointment formalities) as authorised by section 100 of the parent Act. No scope creep is evident."},"complexity_factors":["Only 7 substantive regulations covering narrow, specific matters","Minimal defined terms (only 2: 'registered psychologist' and 'the Act')","Simple, un-nested structure with no exceptions to exceptions","Limited cross-referencing (only references back to the parent Act and Health Services Act 1988 for definitions)","Straightforward prescriptive requirements (lists of qualifications and required details) rather than conditional logic"],"plain_english_summary":"These regulations set out the practical details for how Victorians can plan for their future medical treatment under the Medical Treatment Planning and Decisions Act 2016.\n\n**What it does:**\n- **Sets qualifications for witnesses** when children (under 18) make advance care directives (legal documents stating what medical treatment they do or don't want if they become unable to decide later). Only specific psychiatrists or psychologists with paediatric (child health) expertise can witness these documents for children.\n- **Specifies what details must be included** when someone formally appoints:\n  - An **appointed medical treatment decision maker** (someone with legal power to make medical decisions for you if you lose capacity)\n  - A **support person** (someone who helps you make your own medical decisions but doesn't decide for you)\n\n**Who it affects:**\n- Victorian children wanting to make advance care directives\n- Medical practitioners (specifically psychiatrists with child/adolescent qualifications)\n- Psychologists working in paediatric care\n- Anyone appointing a medical decision maker or support person\n- Health services verifying these appointments\n\n**Why it matters:**\nThese rules ensure that vulnerable children making serious medical decisions have their documents witnessed by appropriately qualified professionals. They also ensure that appointments of decision makers and support persons contain enough identifying information (name, date of birth, address) to be legally valid and practically useful."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement procedural and qualification details described in the Medical Treatment Planning and Decisions Act 2016 (see reg 1). They do not expand or narrow the Act’s substantive scope; they prescribe witness qualifications and minimal identity details for appointments (regs 5–7) rather than creating new decision‑making powers or duties."},"complexity_factors":["Short, focused instrument with few provisions (regs 1–7) — lowers complexity.","Cross-references to primary Act for legal effect (reg 2 refers to s.100 of the Act) — requires checking the Act to see broader operation.","Qualification and employment criteria reference external professional registration and health-service categories (reg 5 refers to Psychology Board endorsement, RANZCP memberships, and Health Services Act 1988 definitions) — adds verification steps for compliance.","Prescriptive formal requirements for appointments limited to three identity items (regs 6–7) — simple substantive rule but precise formatting may be required by administering bodies.","Limited administrative discretion in the Regulations themselves; implementation complexity depends on agencies' verification processes and record-keeping.","No fees, penalties or procedural forms set out here — reduces regulatory apparatus but shifts practical burden to practitioners and appointing persons to supply and verify required information (regs 5–7)."],"plain_english_summary":"**These Regulations** set specific qualification and employment criteria for medical practitioners and psychologists who may witness a child’s advance care directive (reg 5), and specify the minimum identity details required to validly appoint a medical treatment decision maker or a support person (regs 6–7). They affect clinicians, psychologists, children making directives, and appointees; compliance requires professionals to meet the prescribed training/employment tests and appointing persons to provide name, date of birth and address (regs 5, 6, 7)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/medical-treatment-planning-and-decisions-regulations-2018","history":"/api/acts/medical-treatment-planning-and-decisions-regulations-2018/history","analysis":"/api/acts/medical-treatment-planning-and-decisions-regulations-2018/analysis","conflicts":"/api/acts/medical-treatment-planning-and-decisions-regulations-2018/conflicts","importantCases":"/api/acts/medical-treatment-planning-and-decisions-regulations-2018/important-cases","documents":"/api/acts/medical-treatment-planning-and-decisions-regulations-2018/documents"}}