60Giving effect to an advance care directive

60 Giving effect to an advance care directive

(1) If a health practitioner proposes to administer medical treatment to a person who has an advance care directive and the person does not have decision-making capacity in respect of that medical treatment, the health practitioner must, as far as reasonably practicable—

(a) subject to section 51, give effect to any relevant instructional directive by—

(i) in the case of an instructional directive refusing particular medical treatment, withholding or withdrawing that medical treatment; and

(ii) in the case of an instructional directive consenting to particular medical treatment, administering that medical treatment if the health practitioner is of the opinion that it is clinically appropriate to do so; and

(b) in the case of an advance care directive that does not include a relevant instructional directive, refer any medical treatment decision to the person's medical treatment decision maker for a decision under section 61; and

(c) consider any values directive in offering and administering medical treatment.

(2) If a registered health practitioner contravenes subsection (1), that contravention is unprofessional conduct.