Guardianship and Administration Act 1995

A written advance care directive must be witnessed by 2 persons as follows:each witness must sign and date the advance care directive in the presence of each other and the person giving the advance care directive; each witness must certify on the advance care directive form the following:that he or she is satisfied as to the identity of the person giving the advance care directive; that the person giving the advance care directive appears to understand that the advance care directive is about future health care; that the person giving the advance care directive appears to understand the nature and effect of each statement contained in the advance care directive; that, in the opinion of the witness, the person giving the advance care directive did not appear to be acting under any form of duress or coercion; that, in the opinion of the witness, the provisions contained in the advance care directive reflect the directions, preferences and values of the person making the advance care directive; in accordance with any other prescribed witnessing requirements.

If a written advance care directive is given by a child, one of the witnesses referred to in subsection (2) must be a registered health practitioner.

An advance care directive given by means other than writing must be witnessed – by 2 persons (one of whom is a registered health practitioner) who are present at the same time; and in accordance with any prescribed witnessing requirements.

A person must not witness an advance care directive given under this Part – if the person is a close family member of the person giving the advance care directive; or if the person is a carer for the person giving the advance care directive (whether those services are provided in a paid or voluntary capacity); or if the person has signed the advance care directive pursuant to section 35H(4)(b)(ii) on behalf of the person giving the advance care directive; or if the person has not attained 18 years of age; or if the person has a known pecuniary interest in the estate of the person giving the advance care directive; or if the person, as a result of his or her position in a hospital, hospice, nursing home or other facility, has a direct or indirect ability to control or influence the care and management of the person giving the advance care directive who is resident at that facility; or if the person has been appointed as a guardian for the person giving the advance care directive; or in any other prescribed circumstances in which a person may not be a witness in relation to an advance care directive.