35LProvisions that are void or of no effect in advance care directives

### 35L Provisions that are void or of no effect in advance care directives > > (1)  In this section – > > > > > ***mandatory health care*** means – > > > > > > > > (a) an assessment that is authorised under an assessment order under the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ; or > > > > > > > > > (b) treatment that is authorised under a treatment order under the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ; or > > > > > > > > > (c) health care of a kind prescribed for the purposes of this definition. > > > (2)  Subject to this Part, a provision in an advance care directive is void and of no effect to the extent that the provision – > > > > > > (a) is unlawful; or > > > > > > > (b) requires an unlawful act to be performed; or > > > > > > > (c) comprises a refusal of mandatory health care; or > > > > > > > (d) would, if given effect, cause a health practitioner or other person to provide health care that – > > > > > > > > > > (i) contravenes a professional standard or code of conduct that applies to the health practitioner or person; or > > > > > > > > > > > (ii) would otherwise amount to professional misconduct or unprofessional conduct under the Health Practitioner Regulation National Law (Tasmania); or > > > > > > > (e) is a type of provision prescribed for the purposes of this section as being void and of no effect. > > > (3)  For the purposes of [subsection (2)](#GS35L@Gs2@EN) , a reference to a professional standard or code of conduct does not include a reference to a standard or code of conduct that – > > > > > > (a) is prepared by or on behalf of a hospital, clinic, hospice, nursing home or any other place at which health care is provided to a person; and > > > > > > > (b) regulates the provision of health care or other services at that place. > > > (4)  A provision in an advance care directive that compromises a refusal or withdrawal of health care is not void under [subsection (2)(b)](#GS35L@Gs2@Hpb@EN) solely on the basis that the refusal or withdrawal of that health care would result in the necessaries of life not being provided. > > > (5)  For the purposes of [subsection (4)](#GS35L@Gs4@EN) , the expression ***necessaries of life*** has the same meaning as in [sections 144](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS144@EN) and [145](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS145@EN) of the *Criminal Code*.