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 ; or

(b) treatment that is authorised under a treatment order under the Mental Health Act 2013 ; 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) , 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 solely on the basis that the refusal or withdrawal of that health care would result in the necessaries of life not being provided.