Australian Capital Territory Numbered Acts

MEDICAL TREATMENT ACT 1994 (NO 72 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Medical Treatment Act 1994.  
   2.      This Act commences on the day on which it is notified in the Gazette.  
   3.      In this Act, unless the contrary intention appears—“direction” means a direction made in accordance with Division 1 of Part II; “health professional” means—  
   4.      The objectives of this Act are—  
   5.      (1) This Act does not affect any right of a person under any other law of the Territory to refuse medical treatment.  

   PART II--REFUSAL OF TREATMENT

   6.      A person who is of sound mind and has attained the age of 18 years may make a direction in writing, orally or in any other way in which the person can communicate to refuse, or for the withdrawal of, medical treatment—  
   7.      Subject to this Act, a written direction is not valid unless—  
   8.      Subject to sections 5 and 11, a direction other than a written direction is not valid unless it is witnessed by 2 health professionals (1 of whom shall be a medical practitioner) present at the same time.  
   9.      (1) A direction—  
   10.     A direction ceases to apply to a person if the medical condition of the person has changed to such an extent that the condition in relation to which the direction was given is no longer current.  
   11.     (1) Before complying with a direction in respect of a person who is still competent to make a rational judgment, the health professional shall take all reasonable steps to ensure that the person has been informed about—  
   12.     A health professional shall not withhold or withdraw medical treatment from a person in accordance with a direction unless the health professional believes on reasonable grounds that—  
   13.     (1) A person who is of sound mind and has attained the age of 18 years (in this Division called the “grantor”) may, by instrument in accordance with Form 2 in the Schedule, confer on another person (in this Division called the “grantee”) the power to consent, subject to the instrument, on behalf of the grantor to the withholding or withdrawal of medical treatment in the event that the grantor becomes incapacitated.  
   14.     A grantee is not entitled to exercise a power conferred on him or her under the power of attorney granted pursuant to section 13 unless the grantor is declared by a medical practitioner to be incapacitated.  
   15.     Despite any rule of law to the contrary, a power of attorney is not revoked upon the appointment of a guardian under the Guardianship and Management of Property Act 1991 in respect of the grantor, but is revoked in any other way in which a power of attorney under the Powers of Attorney Act 1956 may be revoked.  
   16.     (1) Subject to subsection (2), a grantee shall not request the withholding or withdrawal of medical treatment from the grantor unless—  
   17.     A health professional shall not comply with the request of a grantee to withhold or withdraw medical treatment from the grantor unless satisfied that—  

   PART III--GENERAL PROVISIONS EFFECT OF DIRECTION OR POWER OF ATTORNEY ON OTHER INSTRUMENTS

   19.     (1) A person who—  
   20.     (1) A health professional or other person who becomes aware that a patient in a hospital, hospice or nursing home—  
   21.     A health professional incurs no liability for a decision made by him or her in good faith and without negligence as to whether a person—  
   22.     A health professional or a person acting under the direction of a health professional who, in good faith and in reliance on a decision that he or she believes on reasonable grounds complies with this Act, withholds or withdraws medical treatment from a person is not—  
   23.     (1) Notwithstanding the provisions of any other law of the Territory, a patient under the care of a health professional has a right to receive relief from pain and suffering to the maximum extent that is reasonable in the circumstances.  
   24.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—  

   PART IV--AMENDMENT OF POWERS OF ATTORNEY ACT 1956

   25.     In this Part, “Principal Act” means the Powers of Attorney Act 1956.  
   26.     Section 13 of the Principal Act is amended—  
   27.     The Schedule to the Principal Act is amended—