Health Care Decision Making Act 2023

A health care decision maker is not required to comply with section 18(2) if:

the adult made a subsequent written declaration stating that the adult does not want to give effect to the advance care statement, at a time when the adult did not have impaired decision making capacity to make a health care decision; or

there is no reasonable possibility the adult would have intended the statement to apply in the circumstances.

A health care decision maker is not required to comply with section 18(2) or (3) if compliance would:

be impracticable; or

be unlawful; or

impose a burden on another person that is so unreasonably onerous that it is justifiable to override the adult's wishes; or

be so unreasonable that it is justifiable to override the adult's wishes.

If a health care decision maker relies on subsection (1) or (2), the health care decision maker must keep a written record of the reasons for not complying with section 18(2) or (3), as the case may be.