35ZRevoking or varying advance care directive where person has impaired decision-making ability

### 35Z Revoking or varying advance care directive where person has impaired decision-making ability > > (1)  A person may make an application to the Tribunal in relation to an advance care directive if – > > > > > > (a) [*\[Section 35Z Subsection (1) amended by No. 21 of 2023, s. 34, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS34@EN) the person who has given the advance care directive has impaired decision-making ability in respect of decisions relating to the advance care directive; and > > > > > > > (b) the person has reasonable cause to believe that the person who gave the advance care directive wishes or may wish to revoke or vary the advance care directive; and > > > > > > > (c) the person is – > > > > > > > > > > (i) a health practitioner who is providing, or is to provide, health care to the person who gave the advance care directive; or > > > > > > > > > > > (ii) an authorised decision maker for the person who gave the advance care directive; or > > > > > > > > > > > (iii) any other person who the Tribunal is satisfied has a proper interest in the matter. > > > (2)  An application to the Tribunal under subsection (1) is to be lodged with the registrar in a manner and form determined by the Tribunal. > > > (3)  The Tribunal on receiving an application under [subsection (1)](#GS35Z@Gs1@EN) may make such inquiries or investigations as the Tribunal may think appropriate. > > > (4)  Subject to [subsection (5)](#GS35Z@Gs5@EN) the Tribunal may, on application under [subsection (1)](#GS35Z@Gs1@EN) and after a hearing, revoke or vary an advance care directive if the Tribunal is satisfied that – > > > > > > (a) the person who gave the advance care directive wishes to revoke or vary the advance care directive; and > > > > > > > (b) the person who gave the advance care directive understands the nature and consequences of the revocation or variation; and > > > > > > > (c) the revocation or variation genuinely reflects the wishes of the person; and > > > > > > > (d) the revocation or variation is, in all the circumstances, appropriate. > > > (5)  If an advance care directive expressly provides that the advance care directive is not to be revoked or varied in the circumstances contemplated by this section, the Tribunal should not revoke or vary the advance care directive unless satisfied that the current wishes of the person who gave the advance care directive indicate a conscious wish to override such a provision. > > > (6)  If the Tribunal revokes or varies an advance care directive under this section, the Tribunal – > > > > > > (a) must advise the person who made the application under [subsection (1)](#GS35Z@Gs1@EN) and any other person the Tribunal is satisfied has a proper interest in the matter of the revocation or variation as soon as is reasonably practicable; and > > > > > > > (b) may give such advice and directions as the Tribunal considers necessary or desirable in the circumstances of the case. > > > (7)  A person who, without reasonable excuse, refuses or fails to comply with a direction of the Tribunal under [subsection (6)](#GS35Z@Gs6@EN) is guilty of an offence. > > > > Penalty:  Fine not exceeding 50 penalty units. > > > (8)  It is a defence in proceedings for an offence under [subsection (7)](#GS35Z@Gs7@EN) if the defendant establishes that he or she did not know, and could not reasonably have been expected to know, that the defendant’s conduct amounted to a failure to comply with the direction.