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.