35IWitnessing of advance care directive

35I Witnessing of advance care directive

(1)  [Section 35I Subsection (1) omitted by No. 21 of 2023, s. 28, Applied:01 Sep 2024] .  .  .  .  .  .  .  .  

(2)  A written advance care directive must be witnessed by 2 persons as follows:

(a) each witness must sign and date the advance care directive in the presence of each other and the person giving the advance care directive;

(b) each witness must certify on the advance care directive form the following:

(i) that he or she is satisfied as to the identity of the person giving the advance care directive;

(ii) that the person giving the advance care directive appears to understand that the advance care directive is about future health care;

(iii) that the person giving the advance care directive appears to understand the nature and effect of each statement contained in the advance care directive;

(iv) that, in the opinion of the witness, the person giving the advance care directive did not appear to be acting under any form of duress or coercion;

(v) that, in the opinion of the witness, the provisions contained in the advance care directive reflect the directions, preferences and values of the person making the advance care directive;

(c) in accordance with any other prescribed witnessing requirements.

(3)  If a written advance care directive is given by a child, one of the witnesses referred to in subsection (2) must be a registered health practitioner.

(4)  An advance care directive given by means other than writing must be witnessed –

(a) by 2 persons (one of whom is a registered health practitioner) who are present at the same time; and

(b) in accordance with any prescribed witnessing requirements.

(5)  A person must not witness an advance care directive given under this Part –