Health practitioner cannot be compelled to provide particular health care
6 Health practitioner cannot be compelled to provide particular health care
Nothing in this Act authorises the making of—
a provision of an advance care directive; or
a decision by a substitute decision‑maker under an advance care directive; or
an order made under Part 7, that purports to compel a health practitioner to provide a particular form of health care to a person.
Note—
Whilst a person can indicate his or her wishes in respect of the health care he or she wishes to receive, ultimately the question of what form of health care should be provided to a patient is a matter for the health practitioner to decide (however, a person is entitled to refuse health care of any kind, or to require it to be stopped, including health care that saves or prolongs his or her life).
Subsection (1) does not apply to health care comprising the withdrawal, or withholding, of health care to the person.
A provision of an advance care directive, a decision of a substitute decision‑maker under an advance care directive or an order made under Part 7 is, to the extent that it contravenes subsection (1), void and of no effect.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.