TASIn ForceAct
Guardianship and Administration Act 1995
35QConsent given or refused in advance care directive
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### 35Q Consent given or refused in advance care directive
> > (1) A health practitioner may provide health care in accordance with a consent given or refused in an advance care directive if –
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> > > > (a) [*\[Section 35Q Subsection (1) amended by No. 21 of 2023, s. 30, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS30@EN) at the relevant time, the person who gave the advance care directive has impaired decision-making ability in respect of the health care decision; and
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> > > > (b) the consent or refusal of consent to the health care is clear and unambiguous.
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> > (2) Clear and unambiguous consent to health care given or refused in an advance care directive –
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> > > > (a) is taken to be the consent or refusal of consent (as the case requires) of the person who gave the advance care directive; and
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> > > > (b) is taken to have the same effect for all purposes as if the person who gave the advance care directive were capable of giving such consent or the refusal of such consent.