VICIn ForceAct
Medical Treatment Planning and Decisions Act 2016
50Requirement to ascertain existence of advance care directives and medical treatment decision makers
Start here
Get a plain-English read of 50
Turn the raw legal text into a practical explanation grounded in Medical Treatment Planning and Decisions Act 2016.
50 Requirement to ascertain existence of advance care directives and medical treatment decision makers
(1) Before a health practitioner administers medical treatment to a person who does not have decision‑making capacity to make the medical treatment decision, the health practitioner must make reasonable efforts in the circumstances to ascertain if the person has either or both of the following—
(b) a medical treatment decision maker.
Section 4(4)(a) provides that a person may have decision‑making capacity for some decisions but not for others.
(2) If a registered health practitioner contravenes subsection (1), that contravention is unprofessional conduct.