Guardianship and Administration Act 1990

An advance health directive is not valid unless —

it is in the form or substantially in the form prescribed by the regulations; and

the maker is encouraged to seek legal or medical advice; and

it is signed by its maker or by another person in the presence of, and at the direction of, its maker; and

the signature referred to in paragraph (c) is witnessed by 2 persons —

both of whom are authorised by law to take declarations; or

of whom —

one is authorised by law to take declarations; and

the other has the qualifications specified in subsection (3);

it is signed by the witnesses in the presence of —

its maker; and

the person who signed it at its maker’s direction (if applicable); and

each other.

Despite subsection (1)(b), the validity of an advance health directive is not affected by a failure to comply with subsection (1)(b).

A witness referred to in subsection (1)(d)(ii)(II) must be a person —

who has reached 18 years of age; and

who is not —

the maker of the advance health directive; or

the person who signed the directive at its maker’s direction (if applicable).