Guardianship and Administration Act 1995

In addition to the principles set out in section 8, the following principles must be taken into account in connection with the administration, operation and enforcement of this Part:

advance care directives enable persons with decision-making ability to make decisions about their future health care by stating their own directions, values and preferences;

a person with decision-making ability can decide what constitutes quality of life for that person and can express that in an advance care directive;

an adult is, in the absence of evidence or a law of the State to the contrary, to be presumed to have decision-making ability in respect of decisions about the adult’s health care;

a person must be allowed to make his or her own decisions about the person’s health care to the extent that the person is able;

a person can exercise his or her autonomy by making self-determined decisions, making collaborative decisions within a family or community, or a combination of any of these, according to the person's culture, background, history, or spiritual or religious beliefs;

subject to this Part, an advance care directive has the same authority as the person who gave the advance care directive had when the person had decision-making ability;

a person giving effect to an advance care directive on behalf of another in accordance with this Part – must, as far as is reasonably practicable, reflect the decision that the person would have made in the circumstances; and must, in the absence of any specific directions or expressed views of the person, make decisions that are consistent with the proper care of the person and the protection of the person’s interests; and must, as far as is reasonably practicable, promote the human rights of the person including rights recognised in the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of Persons with Disabilities;

in the event of a dispute arising in relation to an advance care directive, the directions, preferences and values (whether expressed or implied) of the person who gave the advance care directive are of paramount importance and should, insofar as is reasonably practicable, be given effect;

subject to this Part, in determining the preferences and values of a person who has given an advance care directive containing a direction that is unclear, consideration may be given to – any past preferences and values expressed by the person in relation to the matter; and the person's values as displayed or expressed during the whole or any part of the person’s life; and any other matter that is relevant in determining the preferences and values of the person in relation to the matter.