Victorian Numbered Acts

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Types of directives

    (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.


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.


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.


See section 12.

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