95Recognition of advance care directives made in other States and in Territories

95 Recognition of advance care directives made in other States and in Territories

(1) If an advance care directive is given in another State or a Territory and complies with the requirements of that other State or the Territory then, to the extent the powers it gives could validly have been given by an advance care directive made under this Act, the advance care directive is taken to be an advance care directive given under, and in compliance with, this Act.

(2) If an advance care directive is not recognised, whether wholly or partly, as a valid advance care directive under subsection (1), the directive may nevertheless be taken into consideration under this Act as an expression of a person's preferences and values.

(3) This section applies to an advance care directive given in another State or a Territory, whether made before, on or after the commencement of this section.

(4) In this section, a reference to an advance care directive given in another State or a Territory includes a reference to an instrument in the nature of an advance care directive, whether or not described as an advance care directive.