Interstate advance care directives and corresponding laws
12 Interstate advance care directives and corresponding laws
For the purposes of section 33(1) of the Act, instruments of the following classes are declared to be interstate advance care directives:
an enduring power of attorney under the
Powers of Attorney
Act 2006 of the Australian Capital Territory that is in force;
a health direction under the Medical Treatment (Health Directions)
Act 2006 of the Australian Capital Territory that is in force;
an instrument appointing an enduring guardian under the
Guardianship
Act 1987 of New South Wales that is in force;
an advance personal plan under the Advance Personal Planning Act 2013 of the Northern Territory that is in force;
an enduring power of attorney under the
Powers of Attorney
Act 1998 of Queensland that is in force;
an advance health directive under the
Powers of Attorney
Act 1998 of Queensland that is in force;
an instrument appointing an enduring guardian under the
Guardianship and Administration
Act 1995 of Tasmania that is in force;
an advance care directive instrument under the
Guardianship and Administration
Act 1995 of Tasmania that is in force;
an instrument appointing an enduring guardian under the
Guardianship and Administration
Act 1986 of Victoria that is in force;
a refusal of treatment certificate under the
Medical Treatment
Act 1988 (repealed) of Victoria that is in force;
an enduring power of attorney (medical treatment) under the
Medical Treatment
Act 1988 (repealed) of Victoria that is in force;
an enduring power of attorney under the
Powers of Attorney Act 2014 of Victoria that is in force;
an advance care directive under the Medical Treatment Planning and Decisions
Act 2016 of Victoria;
an advance health directive under the
Guardianship and Administration
Act 1990 of Western Australia that is in force;
an enduring power of guardianship under the
Guardianship and Administration
Act 1990 of Western Australia that is in force;
an instrument (however described) corresponding to an advance care directive that is binding under the common law and in force.
[Note: NoteSuch instruments are often referred to as a living will.]
For the purposes of section 33(4) of the Act, the following
Acts are declared to be corresponding laws:
the Powers of Attorney
Act 2006 and the Medical Treatment (Health Directions)
Act 2006 of the Australian Capital
Territory;
the Guardianship
Act 1987 of New South Wales;
the Advance Personal Planning
Act 2013 of the Northern Territory;
the Powers of Attorney
Act 1998 and the Guardianship and Administration
Act 2000 of Queensland;
the Guardianship and
Administration Act 1995 of Tasmania;
the Guardianship and
Administration Act 1986, the
Medical Treatment
Act 1988 (repealed), the Medical Treatment Planning and Decisions
Act 2016 and the Powers of Attorney Act 2014 of
Victoria;
the Guardianship and
Administration Act 1990 of Western
Australia;
the common law.
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