35MBinding and non-binding provisions

### 35M Binding and non-binding provisions > > (1)  Subject to this section, a provision of an advance care directive that comprises a clear and unambiguous refusal or withdrawal of particular health care is a binding provision. > > > (2)  If a binding provision of an advance care directive is expressed to apply, or to be binding, only in specified circumstances, the provision is to be taken to be a binding provision only in respect of those circumstances. > > > (3)  All other provisions of an advance care directive are non-binding provisions. > > > (4)  For the purposes of this Part, a non-binding provision is a statement of a person’s preferences and values with regard to their future health care and may include but is not limited to the following: > > > > > > (a) what is important to the person regarding any future health care; > > > > > > > (b) what gives the person quality of life; > > > > > > > (c) what health care outcomes the person regards as acceptable; > > > > > > > (d) the person’s preferred places of care and place to die; > > > > > > > (e) cultural or religious beliefs which may impact on future health care; > > > > > > > (f) any other matter that the person wishes to be taken into account in making decisions about their future health care. > > > (5)  If an otherwise binding provision is unclear or ambiguous in relation to a particular circumstance but is still indicative of a person’s preferences or values in relation to those circumstances, the provision is to be taken to be a non-binding provision for that particular circumstance.