Binding and non‑binding provisions
19 Binding and non‑binding provisions
Subject to this section, a provision of an advance care directive comprising a refusal of particular health care (whether express or implied) will, for the purposes of this Act, be taken to be a binding provision.
Note—
Certain provisions of an advance care directive refusing some forms of mandatory medical treatment are void—see section 12(1)(b).
Despite any other provision of this Act, a provision of an advance care directive that purports to be a refusal of health care arising out of, or directly related to, the attempted suicide or self‑harm of the person who gave the advance care directive will be taken to be a non‑binding provision.
If a binding provision of an advance care directive is expressed to apply, or to be binding, only in specified circumstances, the provision will be taken to be a binding provision only in respect of those circumstances.
All other provisions of an advance care directive are non‑binding provisions.
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