Guardianship and Administration Act 1995

If a person has given, or attempted to give, an advance care directive in a form that does not meet a requirement under section 35H, 35I or 35J, that advance care directive is not valid unless the Tribunal otherwise orders under subsection (2).

The Tribunal may make an order declaring that an advance care directive is valid despite a failure to comply with a requirement under section 35H, 35I or 35J.

Despite subsection (1), if an advance care directive given by a person does not meet a requirement under section 35H, 35I or 35J, a provision of that advance care directive may be taken into account by a health practitioner, the Public Guardian, the Tribunal or an authorised decision maker for that person, in determining the person's directions, preferences and values.