Victorian Numbered Acts Victorian Numbered Acts(1) For the purposes of this Act, an "instructional directive"—
(a) is an express statement in an advance care directive of a person's medical treatment decision; and
(b) takes effect as if the person who gave it has consented to, or refused the commencement or continuation of, medical treatment, as the case may be.
Examples
A statement that a person consents to a heart bypass operation in specified circumstances.
A statement that a person refuses cardiopulmonary resuscitation.
(2) For the purposes of this Act, a values
directive
is a statement in an advance care directive of a person's
preferences and values as the basis on which the person would like any
medical treatment decisions to be made on behalf of the person, including, but
not limited to, a statement of medical treatment outcomes that the person
regards as acceptable.
Examples
The following statements—
"If I am unable to recognise my family and friends, and cannot communicate, I do not want any medical treatment to prolong my life."
"If a time comes when I cannot make decisions about my medical treatment, I would like to receive any life prolonging medical treatments that are beneficial. This includes receiving a medical research procedure to see if the procedure has any benefit for me."
(3) For the purposes of subsections (1) and (2), an instructional directive or a values directive—
(a) may be given in relation to—
(i) medical treatment or a medical research procedure to be provided in a particular instance; or
(ii) a course of medical treatment or medical research procedures to be provided over a period of time; and
(b) may be given about—
(i) one or more particular forms of medical treatment or medical research procedures; or
(ii) generally about all medical treatment or medical research procedures; and
(c) may be given so as to apply—
(i) in all circumstances; or
(ii) only in specified circumstances; or
(iii) in all circumstances except in specified circumstances.
Note
See section 12.