MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016)

Victorian Numbered Acts

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MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Decision-making capacity
5. VCAT orders in relation to decision-making capacity
6. Types of directives
7. Principles
8. Health practitioner cannot be compelled to provide particular medical treatment or futile or non-beneficial medical treatment

PART 2--ADVANCE CARE DIRECTIVES

9. Medical treatment to include medical research
10. Other rights to refuse medical treatment not affected
11. Interpreting an advance care directive
12. Content of advance care directives
13. Who may give an advance care directive?
14. Offence to induce giving of advance care directive
15. False or misleading statements
16. Formal requirements
17. Witnessing and certification requirements
18. Unlawful statements in advance care directives
19. When is an advance care directive in force?
20. Amendment or revocation
21. Non-compliance with formal requirements
22. VCAT orders in relation to advance care directives
23. Further considerations for revoking, varying or suspending an instructional directive
24. Parties to VCAT proceeding

PART 3--MEDICAL TREATMENT DECISION MAKERS AND SUPPORT PERSONS

Division 1--Preliminary

25. Medical treatment to include medical research

Division 2--Appointed medical treatment decision makers

26. Appointment of medical treatment decision maker
27. Powers of appointed medical treatment decision maker
28. Formal requirements
29. Acceptance of appointment by appointed medical treatment decision maker
30. Revocation of appointment
31. Appointment of support person
32. Role of support person
33. Formal requirements
34. Acceptance of appointment by support person
35. Revocation of appointment

Division 4--Procedural requirements

36. Witnessing and certification requirements
37. Signing at the direction of the person making or revoking an appointment
38. When is an appointment under this Part in force?
39. Resignation of appointed medical treatment decision maker or support person
40. Appointee to be informed if appointment revoked

Division 5--Offences

41. Offence to purport to act as an appointed medical treatment decision maker or a support person
42. Offence to induce appointment of appointed medical treatment decision maker

Division 6--Applications to VCAT

43. VCAT orders in relation to appointed medical treatment decision makers and support persons
44. Further considerations for declaring an appointment or a revocation invalid
45. Non-compliance with formal requirements
46. Further considerations for revoking or varying an appointment
47. Parties to VCAT proceeding

PART 4--MEDICAL TREATMENT DECISIONS

Division 1--Preliminary

48. Application of Part
49. Duty of care not affected
50. Requirement to ascertain existence of advance care directives and medical treatment decision makers
51. Circumstances in which health practitioner may refuse to comply with an instructional directive
52. No liability if this Part complied with
53. Medical treatment and medical research procedures in an emergency
54. Administering palliative care
55. Who is a person's medical treatment decision maker?
56. Record keeping requirements

Division 2--Medical treatment decision-making process

57. Medical treatment to which Division does not apply
58. Consent to medical treatment
59. Consent if person is likely to recover within a reasonable time
60. Giving effect to an advance care directive
61. Decision by medical treatment decision maker
62. Health practitioner to notify Public Advocate if decision maker refuses significant treatment
63. Medical treatment decisions if there is no advance care directive and no medical treatment decision maker
64. Division does not apply to special medical procedure
65. Who can apply for an order?
66. Orders in relation to medical treatment decisions
67. Application by Public Advocate
68. Further orders VCAT can make
69. Matters of which VCAT must be satisfied before making an order
70. VCAT may give advisory opinion to medical treatment decision maker or health practitioner
71. Parties to VCAT proceeding

PART 5--MEDICAL RESEARCH

Division 1--Preliminary

72. Application of Part
73. Requirement to ascertain existence of advance care directives and medical treatment decision makers
74. Protection of medical research practitioner

Division 2--Approval and consent

75. Approval to administer a medical research procedure
76. Medical research procedure to be administered in accordance with approval
77. Consent of medical treatment decision maker
78. Medical research practitioner must record basis for administering medical research procedure in clinical records

Division 3--Medical research procedures without consent

79. Application of Division
80. Administering a medical research procedure if person has no medical treatment decision maker
81. Medical research practitioner's certificate

Division 4--Applications to VCAT

82. Applications to VCAT
83. Medical treatment decision maker may seek advice
84. Offence to administer unapproved medical research procedure
85. Offence to administer medical research procedure without consent or authorisation

PART 6--VCAT JURISDICTION

Division 1--Applications in first instance

86. Notice requirements
87. Interim and temporary orders

Division 2--Rehearings

88. Application for rehearing
89. Powers of VCAT on rehearing
90. Parties and notice
91. Stay of first instance order pending rehearing
92. Nature of rehearing

PART 7--GENERAL

93. Criminal liability of officers of bodies corporate—failure to exercise due diligence
94. Disclosure of health information to medical treatment decision maker or support person
95. Recognition of advance care directives made in other States and in Territories
96. Recognition of appointments made in other States and in Territories
97. Unlawful terms
98. Record keeping requirements
99. Assistance of interpreter
100. Regulations

PART 8--REPEAL AND SAVINGS AND TRANSITIONAL PROVISIONS

Division 1--Repeal

101. Medical Treatment Act 1988 repealed

Division 2--Savings and transitional provisions

102. Refusal of treatment certificates and agents under enduring powers of attorney (medical treatment)
103. Enduring powers of attorney with power to make medical treatment decisions and enduring powers of guardianship
104. Consent to medical research procedures under the Guardianship and Administration Act 1986
105. Regulations dealing with transitional matters

PART 9--AMENDMENT OF MENTAL HEALTH ACT 2014

Division 1--Electroconvulsive treatment amendments

106. Section 90 substituted
107. Meaning of a course of electroconvulsive treatment
108. When may electroconvulsive treatment be performed?
109. Application to perform electroconvulsive treatment on a young person
110. New section 94A inserted
111. Listing of electroconvulsive treatment applications by Tribunal
112. Powers of Tribunal in respect of electroconvulsive treatment application
113. Order approving electroconvulsive treatment
114. Electroconvulsive treatment must not be performed in certain circumstances
115. Use of electroconvulsive treatment to be reported to chief psychiatrist

Division 2--Other amendments

116. Definitions
117. What is medical treatment?
118. Meaning of informed consent
119. Who may consent to medical treatment if patient does not have capacity to give informed consent?
120. Matters authorised psychiatrist must have regard to if consenting to medical treatment of patient
121. Urgent medical treatment
122. Disclosure of health information

PART 10--CONSEQUENTIAL AMENDMENTS AND REPEALS

Division 1--Guardianship and Administration Act 1986

123. Definitions
124. Objects of Act
125. Functions of the Public Advocate
126. Powers and duties of Public Advocate
127. Authority of plenary guardian
128. New section 28A inserted
129. Heading to Part 4A substituted
130. Persons to whom Part applies
131. Person responsible
132. Best interests
133. Section 39 substituted
134. Effect of consent
135. Section 41 substituted
136. Section 42 amended
137. Emergency treatment

Division 3--of Part 4A of the Guardianship and Administration Act 1986 is repealed.

138. Heading to Division 4 of Part 4A substituted
139. Section 42B amended
140. Guidelines for special procedures
141. Section 42E amended
142. Section 42F amended
143. Section 42G amended
144. Other medical or dental treatment and medical research procedures
--Divisions 5 and 6 of Part 4A of the Guardianship and Administration Act 1986 are repealed.
145. Application for rehearing
146. General penalty
147. Supreme Court—Limitation of jurisdiction
148. Regulations
149. Medical research procedures

Division 2--Powers of Attorney Act 2014

150. Definitions
151. Power to make and scope of appointment
152. New Division 4 inserted into Part 10

Division 3--Victorian Civil and Administrative Tribunal Act 1998

153. Heading to Part 14 of Schedule 1 amended
154. New clause 46G inserted in Schedule 1
155. Clauses 47 to 50 of Schedule 1 amended

Division 4--Disability Act 2006

156. Information systems

Division 5--Other amendments

157. Health Records Act 2001
158. Privacy and Data Protection Act 2014
159. Road Safety Act 1986
160. Severe Substance Dependence Treatment Act 2010

Division 6--Repeal

161. Repeal of amending provisions
ENDNOTES

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