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] 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.