Medical Treatment Planning and Decisions Regulations 2018
S.R. No. 13/2018
Version as at
12 March 2018
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
5 Witnessing and certification requirements 2
6 Formal requirements for appointment of an appointed medical treatment decision maker 3
7 Formal requirements for appointment of a support person 4
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Endnotes 5
1 General information 5
2 Table of Amendments 7
3 Amendments Not in Operation 8
4 Explanatory details 9
Version No.001
Medical Treatment Planning and Decisions Regulations 2018
S.R. No. 13/2018
Version as at
12 March 2018
1 Objective
The objective of these Regulations is to prescribe the following matters to give effect to the Medical Treatment Planning and Decisions Act 2016—
(a) training and experience requirements for witnesses of a child's advance care directive;
(b) formal requirements for the appointment of an appointed medical treatment decision maker;
(c) formal requirements for the appointment of a support person.
2 Authorising provision
These Regulations are made under section 100 of the Medical Treatment Planning and Decisions Act 2016.
3 Commencement
These Regulations come into operation on 12 March 2018.
4 Definitions
In these Regulations—
registered psychologist means a person who is registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
the Act means the Medical Treatment Planning and Decisions Act 2016.
5 Witnessing and certification requirements
(1) For the purposes of section 17(1)(e) of the Act, the prescribed training and experience requirements for a registered medical practitioner who witnesses an advance care directive given by a child are—
(a) a current Fellowship of the Royal Australian and New Zealand College of Psychiatrists; and
(b) one of the following—
(i) a Certificate of Child and Adolescent Psychiatry awarded by the Royal Australian and New Zealand College of Psychiatrists;
(ii) a current Membership of the Faculty of Child and Adolescent Psychiatry of the Royal Australian and New Zealand College of Psychiatrists.
(2) For the purposes of section 17(1)(e) of the Act, the prescribed training and experience requirements for a registered psychologist who witnesses an advance care directive given by a child are—
(a) a current endorsement by the Psychology Board of Australia as a clinical neuropsychologist or as a clinical psychologist; and
(b) current employment as a psychologist providing specialist paediatric care—
(i) in one of the following, all within the meaning of section 3(1) of the Health Services Act 1988—
(A) a health service establishment;
(B) a multi purpose service;
(C) a registered community health centre;
(D) a registered funded agency; or
(ii) in a women's health service listed in Schedule 6 to the Health Services Act 1988; or
(iii) by any other person, body or organisation that provides, delivers or facilitates access in relation to health services including, but not limited to—
(A) disability services; or
(B) palliative care services.
6 Formal requirements for appointment of an appointed medical treatment decision maker
For the purposes of section 28(1)(c) of the Act, the prescribed details for an appointment of an appointed medical decision maker are the following—
(a) the name of the appointee;
(b) the date of birth of the appointee;
(c) the address of the appointee.
7 Formal requirements for appointment of a support person
For the purposes of section 33(c) of the Act, the prescribed details for an appointment of a support person are the following—
(a) the name of the appointee;
(b) the date of birth of the appointee;
(c) the address of the appointee.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Medical Treatment Planning and Decisions Regulations 2018, S.R. No. 13/2018 were made on 13 February 2018 by the Governor in Council under section 100 of the Medical Treatment Planning and Decisions Act 2016, No. 69/2016 and came into operation on 12 March 2018: regulation 3.
The Medical Treatment Planning and Decisions Regulations 2018 will sunset 10 years after the day of making on 13 February 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Medical Treatment Planning and Decisions Regulations 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.