Guardianship and Administration Act 1995

Subject to this Part, a person may give an advance care directive containing provisions that reflect the directions, values and preferences of that person with regard to that person’s future health care.

A person may give an advance care directive if the person – has decision-making ability in respect of health care decisions; and understands what an advance care directive is; and understands the consequences of giving an advance care directive.

An advance care directive is invalid if the advance care directive – was not made voluntarily; or was made as a result of dishonesty, inducement or coercion.

A person must not by dishonesty or undue influence induce another person to give an advance care directive or include a provision in an advance care directive. In the case of – an individual, a fine not exceeding 100 penalty units; or a body corporate, a fine not exceeding 500 penalty units.

A person must not require another person to give an advance care directive, or include a provision in an advance care directive, as a precondition to providing a service. In the case of – an individual, a fine not exceeding 100 penalty units; or a body corporate, a fine not exceeding 500 penalty units.