7Principles

7 Principles

(1) A person exercising a power or performing a function or duty under this Act must have regard to the following principles—

(a) a person—

(i) has the right to make informed decisions about the person's medical treatment or medical research procedures that may be administered to the person; and

(ii) should be given, in a sensitively communicated and clear and open manner, information about medical treatment or medical research procedure options, including comfort and palliative care, to enable the person to make informed decisions;

(b) the informed decisions of a person made under paragraph (a) should be respected and given effect to;

(c) a person has the right to be shown respect for the person's culture, beliefs, values and personal characteristics;

(d) a person's preferences, values and personal and social wellbeing should direct decisions about the person's medical treatment or medical research procedures that may be administered to the person;

(e) a person should be supported to enable the person to make decisions about the person's medical treatment or medical research procedures that may be administered to the person;

(f) a person may exercise autonomy with regards to medical treatment or medical research procedures that may be administered to the person by—

(i) making decisions; and

(ii) setting out preferences and values in advance; and

(iii) appointing a medical treatment decision maker; and

(iv) appointing a support person; and

(v) making collaborative decisions with family or community;

(g) a partnership between a person and the person's family and carers and health practitioners is important to achieve the best possible outcomes.

(2) In subsection (1), the reference to a person exercising a power or performing a function or duty under this Act includes VCAT.

8 Health practitioner cannot be compelled to provide particular medical treatment or futile or non‑beneficial medical treatment

(1) Nothing in this Act authorises the making of either of the following that purports to compel a health practitioner to administer a particular form of medical treatment or medical research procedure to a person—

(a) a statement in an advance care directive;

(b) a decision by a medical treatment decision maker.

(2) Nothing in this Act requires a health practitioner to administer a futile or non-beneficial medical treatment or medical research procedure to a person.

S. 8A inserted by No. 61/2017 s. 140.