35THealth practitioners to give effect to advance care directives

### 35T Health practitioners to give effect to advance care directives > > (1)  [*\[Section 35T Subsection (1) amended by No. 21 of 2023, s. 32, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS32@EN) Subject to this Part, a health practitioner who is providing, or is to provide, health care to a person who has given an advance care directive and who has impaired decision-making ability in respect of a health care decision – > > > > > > (a) must comply with a binding provision of the advance care directive; and > > > > > > > (b) is to comply, as far as is reasonably practicable, with a non-binding provision of the advance care directive; and > > > > > > > (c) must seek, as far as is reasonably practicable, to avoid any outcome or intervention that the person who gave the advance care directive would wish to be avoided (whether such wish is expressed or implied); and > > > > > > > (d) must endeavour to provide the health care in a manner that is consistent with the principles set out in [section 35B](#GS35B@EN) . > > > (2)  Despite [subsection (1)](#GS35T@Gs1@EN) , a health practitioner who is providing, or is to provide, health care to a person who has given an advance care directive, must, in providing that health care, act in accordance with the following: > > > > > > (a) any agreement reached in relation to the advance care directive at a mediation under [section 35ZI](#GS35ZI@EN) ; > > > > > > > (b) any direction of the Tribunal given in relation to the advance care directive.