35UCircumstances where health practitioners may not comply with advance care directive

35U Circumstances where health practitioners may not comply with advance care directive

(1)  A health practitioner may refuse to comply with a provision of an advance care directive if the health practitioner believes on reasonable grounds that –

(a) the person who gave the advance care directive did not intend the provision to apply in the particular circumstances; or

(b) the provision is ambiguous or does not appear to reflect the current wishes of the person who gave the advance care directive.

(2)  A health practitioner must, before refusing to comply with a provision of an advance care directive under subsection (1) , make reasonable efforts to consult with the authorised decision maker for the person who gave the advance care directive.

(3)  A health practitioner who refuses to comply with a binding provision of an advance care directive must, in the clinical records of the person who gave the advance care directive, make a written record of the refusal and the reasons for the refusal.

(4)  A health practitioner is not compelled to comply with a provision of an advance care directive that –

(a) specifies a particular kind of health care that the person giving the advance care directive wishes to receive; or

(b) in the opinion of the health practitioner would result in health care being provided that is futile in the circumstances; or

(c) requests a kind of health care that is not consistent with current standards of health care in this State.

(5)  Despite this section, a health practitioner is to –

(a) provide health care consistent with the values and preferences expressed in the advance care directive; and

(b) act in accordance with any direction of the Tribunal given in relation to the advance care directive.