35GGiving an advance care directive

### 35G Giving an advance care directive > > (1)  Subject to this Part, a person may give an advance care directive containing provisions that reflect the directions, values and preferences of that person with regard to that person’s future health care. > > > (2)  A person may give an advance care directive if the person – > > > > > > (a) [*\[Section 35G Subsection (2) amended by No. 21 of 2023, s. 27, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS27@EN) has decision-making ability in respect of health care decisions; and > > > > > > > (b) understands what an advance care directive is; and > > > > > > > (c) understands the consequences of giving an advance care directive. > > > (3)  An advance care directive is invalid if the advance care directive – > > > > > > (a) was not made voluntarily; or > > > > > > > (b) was made as a result of dishonesty, inducement or coercion. > > > (4)  A person must not by dishonesty or undue influence induce another person to give an advance care directive or include a provision in an advance care directive. > > > > Penalty:  In the case of – > > > > > > (a) an individual, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units. > > > (5)  A person must not require another person to give an advance care directive, or include a provision in an advance care directive, as a precondition to providing a service. > > > > Penalty:  In the case of – > > > > > > (a) an individual, a fine not exceeding 100 penalty units; or > > > > > > > (b) a body corporate, a fine not exceeding 500 penalty units.