Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Medical Treatment (Health Directions)
Act 2006
A2006-51
Republication No 3
Effective: 1 November 2025
Republication date: 1 November 2025
Last amendment made by A2025-22
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Medical Treatment (Health Directions) Act 2006 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
1 November 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 1 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Medical Treatment (Health Directions)
Act 2006
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Objectives of Act 2
6 Other legal rights not affected 3
Part 2 Making and revoking health directions
7 Making health directions 4
8 Requirements for written health directions 4
9 Requirements for non-written health directions 5
10 Revocation of health directions 5
Contents
Page
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Part 3 Health directions and health professionals
11 People with decision-making capacity to be informed of alternatives
etc 6
12 Health professionals not to proceed if unsure 7
13 Notification of patients making or revoking health direction 7
14 Copy of patients making or revoking health direction 8
15 Health professionals not liable for certain decisions 8
16 Protection of health professionals relying on decisions 8
17 Adequate pain relief 9
Part 4 Health directions and other statutory
instruments
18 Effect of health directions on later guardian or health attorney 10
19 Relationship between health directions and enduring powers of
attorney 11
Part 5 Miscellaneous
20 Offence to dishonestly induce making or revocation of health direction 13
21 Approved forms 13
22 Regulation-making power 13
Dictionary 14
Endnotes
1 About the endnotes 15
2 Abbreviation key 15
3 Legislation history 16
4 Amendment history 16
5 Earlier republications 17
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Australian Capital Territory
Medical Treatment (Health Directions)
Act 2006
An Act to provide for directions about the withholding or withdrawal of medical
treatment, and for related purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Medical Treatment (Health Directions) Act 2006.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘decision-making capacity—see the
Powers of Attorney Act 2006, section 9 (1).’ means that the term
‘decision-making capacity’ is defined in that section and the definition
applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Objectives of Act
The objectives of this Act are—
(a) to protect the right of patients to refuse unwanted medical
treatment; and
(b) to ensure the right of patients to receive relief from pain and
suffering to the maximum extent that is reasonable in the
circumstances.
Preliminary Part 1
Section 6
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6 Other legal rights not affected
(1) This Act does not affect any right of a person under any other territory
law to refuse medical treatment.
(2) This Act does not apply to palliative care and does not affect any
right, power or duty that a health professional or anyone else has in
relation to palliative care.
(3) The refusal or withdrawal of medical treatment under this Act does
not limit any duty of a health professional or anyone else—
(a) to advise and inform the patient or the patient’s agent or
guardian; or
(b) to provide medical treatment other than the medical treatment
that has been refused or withdrawn.
Part 2 Making and revoking health directions
Section 7
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Part 2 Making and revoking health
directions
7 Making health directions
(1) An adult can make a direction (a health direction) to refuse, or
require the withdrawal of, medical treatment generally or a particular
kind of medical treatment.
(2) A health direction may be made in writing, orally or in any other way.
(3) However, a health direction cannot be made by—
(a) a person for whom a guardian is appointed under the
Guardianship and Management of Property Act 1991; or
(b) anyone else who has impaired decision-making capacity.
8 Requirements for written health directions
A written health direction is not valid unless—
(a) it is signed by the maker of the direction or by someone else in
the presence of and at the direction of the person making the
direction; and
(b) the signature is witnessed by 2 other people; and
(c) each witness signs the direction in the presence of the other
witness and the person making the direction.
Note If a form is approved under s 21 for this provision, the form must be used.
Making and revoking health directions Part 2
Section 9
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9 Requirements for non-written health directions
(1) A health direction (other than a written direction) is not valid unless
it is witnessed by 2 health professionals (1 of whom is a doctor)
present at the same time.
(2) Subsection (1) is subject to section 6 (Other legal rights not affected)
and section 11 (People with decision-making capacity to be informed
of alternatives etc).
10 Revocation of health directions
(1) A health direction to refuse, or for the withdrawal of, medical
treatment may be revoked by the person who gave the direction
clearly expressing to a health professional or someone else a decision
to revoke the direction.
(2) For subsection (1), a person may clearly express or indicate a decision
in writing, orally or in any other way.
Part 3 Health directions and health professionals
Section 11
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Part 3 Health directions and health
professionals
11 People with decision-making capacity to be informed of
alternatives etc
(1) This section applies if—
(a) a person has made a health direction; and
(b) the person has decision-making capacity.
(2) Before complying with the health direction, a health professional
treating the person must take all reasonable steps to ensure that the
person has been informed about—
(a) the nature of the person’s illness; and
(b) any alternative forms of treatment that may be available; and
(c) the consequences of the available forms of treatment; and
(d) the consequences of remaining untreated.
(3) The health professional must not give effect to the health direction
unless the health professional believes, on reasonable grounds, that
the person—
(a) has understood the information provided under subsection (2);
and
(b) has weighed the various options; and
(c) after weighing the options, has confirmed the decision—
(i) to refuse medical treatment; or
(ii) to have medical treatment withdrawn.
Health directions and health professionals Part 3
Section 12
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12 Health professionals not to proceed if unsure
A health professional must not withhold or withdraw medical
treatment from a person in accordance with a health direction unless
the health professional believes, on reasonable grounds, that—
(a) the direction complies with this Act; and
(b) the person has not revoked the direction or changed the person’s
decision since making the direction.
13 Notification of patients making or revoking health
direction
(1) This section applies if a health professional or someone else becomes
aware that a patient in a health care facility—
(a) has made a health direction; or
(b) has revoked a health direction.
(2) The health professional or other person must tell the person in charge
of the health care facility about the making or revoking of the health
direction and the circumstances in which the direction was made or
revoked.
(3) In this section:
day hospital means a facility where a person is admitted for surgical
or medical treatment and discharged on the same day.
health care facility means a hospital, residential care home or
residential disability care facility.
hospital means a public hospital, private hospital or day hospital.
residential care home means a residential care home under the
Aged Care Act 2024 (Cwlth).
Part 3 Health directions and health professionals
Section 14
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residential disability care facility—
(a) means a residential facility that provides disability care to
people with disabilities; but
(b) does not include a residential care home.
14 Copy of patients making or revoking health direction
If the person in charge of a health facility is told under section 13
about a patient making or revoking a health direction, the person must
take reasonable steps to ensure that—
(a) a copy of the health direction or revocation is placed with the
patient’s file; or
(b) if it is not possible to get a copy of the health direction or
revocation—a note about the direction or revocation is placed
with the patient’s file.
15 Health professionals not liable for certain decisions
(1) This section applies if a health professional makes a decision honestly
about whether a person—
(a) revoked, or intended to revoke, a health direction; or
(b) was, or was not, at the time of making a health direction, capable
of understanding the nature and effect of the direction.
(2) Civil or criminal liability is not incurred only because of the making
of the decision.
16 Protection of health professionals relying on decisions
(1) This section applies to a health professional, or a person acting under
the direction of a health professional, if—
(a) the health professional makes a decision that the health
professional believes, on reasonable grounds, complies with this
Act; and
Health directions and health professionals Part 3
Section 17
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(b) the health professional, or other person, honestly and in reliance
on the decision, withholds or withdraws medical treatment from
a person.
(2) The withholding or withdrawing of treatment is not—
(a) a breach of professional etiquette or ethics; or
(b) a breach of a rule of professional conduct.
(3) Civil or criminal liability is not incurred only because of the
withholding or withdrawing of treatment.
17 Adequate pain relief
(1) This section applies in relation to a person who—
(a) has given a health direction that medical treatment be withheld
or withdrawn from the person; and
(b) is under the care of a health professional.
(2) The person has a right to receive relief from pain and suffering to the
maximum extent that is reasonable in the circumstances.
(3) In providing relief from pain and suffering to the person, the health
professional must give adequate consideration to the person’s account
of the person’s level of pain and suffering.
Part 4 Health directions and other statutory instruments
Section 18
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Part 4 Health directions and other
statutory instruments
18 Effect of health directions on later guardian or health
attorney
(1) This section applies if—
(a) a person has made a health direction; and
(b) a doctor declares that the person has become a person with
impaired decision-making capacity; and
(c) after the direction was made—
(i) a guardian is appointed for the person under the
Guardianship and Management of Property Act 1991; or
(ii) a health attorney is asked to give a consent under the
Guardianship and Management of Property Act 1991,
section 32D.
(2) Any power of the guardian or health attorney to consent to medical
treatment for the person, or to the person participating in medical
research or low-risk research, must be exercised in a way that is
consistent with the health direction.
(3) However, a health attorney need not act consistently with a health
direction if it is not reasonable to do so.
Examples
1 a health attorney is asked to make an urgent medical decision and the health
attorney does not have time to look at the health direction
2 a health attorney is unaware, after making reasonable enquiries, that a health
direction exists
Note A health attorney is protected from civil and criminal actions and
proceedings in relation to consent given, or not given, in good faith as a
health attorney (see Guardianship and Management of Property
Act 1991, s 32K).
Health directions and other statutory instruments Part 4
Section 19
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(4) In this section:
low-risk research, in relation to a person—see the Powers of Attorney
Act 2006, section 41A.
medical research, in relation to a person—see the Powers of Attorney
Act 2006, section 41A.
19 Relationship between health directions and enduring
powers of attorney
(1) This section applies if—
(a) a person makes—
(i) a health direction; and
(ii) an enduring power of attorney under the Powers of
Attorney Act 2006; and
(b) the enduring power of attorney deals with a health care matter
or a medical research matter.
(2) If the health direction is consistent with the enduring power of
attorney, an attorney authorised under the enduring power of attorney
must comply with the health direction when making a decision about
a health care matter or medical research matter.
(3) However, if the health direction is inconsistent with the enduring
power of attorney, when making a decision about a health care matter
or medical research matter, the attorney must comply with—
(a) if the health direction was made before the power of attorney—
the power of attorney; or
(b) if the health direction was made after the power of attorney—
the health direction.
(4) The ACAT may, on application by an attorney, declare that a health
direction is consistent or inconsistent with an enduring power of
attorney.
Part 4 Health directions and other statutory instruments
Section 19
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(5) In this section:
attorney—see the Powers of Attorney Act 2006, section 6.
health care matter, for a principal—see the Powers of Attorney
Act 2006, section 12.
medical research matter, for a principal—see the Powers of Attorney
Act 2006, section 12A.
principal—see the Powers of Attorney Act 2006, section 6.
Miscellaneous Part 5
Section 20
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Part 5 Miscellaneous
20 Offence to dishonestly induce making or revocation of
health direction
A person must not dishonestly induce someone else to make or revoke
a health direction.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
21 Approved forms
(1) The Minister may approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
Note The Legislation Act contains provisions about forms (see s 255).
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
22 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Act
• doctor
• nurse
• power.
decision-making capacity—see the Powers of Attorney Act 2006,
section 9 (1).
disability care means care that is provided to a person with a disability
in a residential facility in which the person is also provided with
accommodation that includes—
(a) appropriate staffing to meet the nursing and personal care needs
of the person; and
(b) meals and cleaning services; and
(c) furnishings, furniture and equipment for the provision of the
care and accommodation.
health direction means a direction under section 7.
health professional means a doctor or nurse.
impaired decision-making capacity—see the Powers of Attorney
Act 2006, section 9 (2).
palliative care includes—
(a) the provision of reasonable medical and nursing procedures for
the relief of pain, suffering and discomfort; and
(b) the reasonable provision of food and water.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Medical Treatment (Health Directions) Act 2006 A2006-51
notified LR 29 November 2006
s 1, s 2 commenced 29 November 2006 (LA s 75 (1))
remainder commenced 30 May 2007 (s 2 and see Powers of Attorney
Act 2006 A2006-50 s 2)
as amended by
Powers of Attorney Amendment Act 2016 A2016-10 sch 1 pt 1.2
notified LR 1 March 2016
s 1, s 2 commenced 1 March 2016 (LA s 75 (1))
sch 1 pt 1.2 commenced 1 September 2016 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment
Act 2025 (No 3) A2025-22 sch 1 pt 1.3
notified LR 12 September 2025
s 1, s 2 commenced 12 September 2025 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 November 2025 (s 2 (3) (a) and see Aged
Care Act 2024 (Cwlth) s 7)
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Notification of patients making or revoking health direction
s 13 am A2025-22 amdt 1.5
Effect of health directions on later guardian or health attorney
s 18 sub A2016-10 amdt 1.30
Relationship between health directions and enduring powers of attorney
s 19 sub A2016-10 amdt 1.30
Repeal of Medical Treatment Act 1994
s 23 om LA s 89 (3)
Dictionary
dict def day hospital om A2025-22 amdt 1.6
def health care facility om A2025-22 amdt 1.6
def hospital om A2025-22 amdt 1.6
def residential aged care facility om A2025-22 amdt 1.6
def residential care om A2025-22 amdt 1.6
def residential disability care facility om A2025-22 amdt 1.6