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)](#GS35U@Gs1@EN) , 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.