Northern Territory Numbered Acts

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ADVANCE PERSONAL PLANNING ACT 2013 (NO 35 OF 2013)


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of planning capacity  
   5.      Meaning of reasonably believes  
   6.      Decision-making capacity and impaired decision-making capacity  
   7.      Application of Criminal Code  

   PART 2--ADVANCE PERSONAL PLANS

   8.      Adult may make advance personal plan  
   9.      Form of advance personal plan  
   10.     Advance personal plan to be signed and witnessed  
   11.     Duration of advance personal plan  
   12.     Amendment or revocation by adult  
   13.     Non-compliance with formal requirements  
   14.     Multiple advance personal plans  

   PART 3--DECISION MAKERS

           Division 1--Appointments

   15.     Who can be appointed as a decision maker  
   16.     Appointment of decision maker for matters  
   17.     Appointment options for decision makers  
   18.     Restrictions, requirements and directions  
   19.     When appointment of decision maker ceases  

           Division 2--Authority of decision makers

   20.     Authority of decision maker  
   21.     Exercise of authority by decision maker  
   22.     Decision-making principles  
   23.     When decision maker is excused from exercising substituted judgment  
   24.     Excluded matters  
   25.     Restricted health matters  
   26.     Effect of exercise of authority by decision maker  
   27.     Decision maker unaware of entitlement to act or not  

           Division 3--Specific powers and duties of decision makers

   28.     Right to documents and information  
   29.     Information and things may be given to decision maker  
   30.     Record keeping and reporting requirements  
   31.     Property to be managed as if trust property  
   32.     Gifts  
   33.     Maintenance of dependants  
   34.     Transfer when person ceases to be decision maker  

           Division 4--Reimbursement and remuneration

   35.     Reimbursement of expenses  
   36.     Remuneration for professional decision maker  
   37.     Reimbursement and remuneration for other services provided by decision maker to represented adult  

   PART 4--CONSENT TO HEALTH CARE ACTION

           Division 1--Preliminary matters about consent to health care action

   38.     Scope of consent decisions  
   39.     When statement in advance personal plan constitutes advance consent decision  

           Division 2--Consent to health care action

   40.     Application of Division  
   41.     Advance consent decision  
   42.     Consent decision by decision maker or adult guardian  
   43.     Willing and able to make informed consent decision  
   44.     Consent decisions by Court  

           Division 3--Health care providers

   45.     Health care provider relying on advance consent decision  
   46.     Health care provider relying on consent of decision maker or adult guardian  
   47.     Health care provider relying on consent of Court  
   48.     Health care provider relying on another provider to ascertain consent  
   49.     Health care provider acting with consent of adult when unaware of impaired capacity  

           Division 4--Miscellaneous matters

   50.     No obligation to take health care action  
   51.     Unlawful health care action not permitted  
   52.     Conduct amounting to unprofessional conduct  
   53.     Effect of decision refusing consent on provision of emergency treatment  
   54.     Other laws allowing treatment without consent not affected  
   55.     Other rights preserved  

   PART 5--ROLE OF THE LOCAL COURT

           Division 1--Jurisdiction of Local Court

   56.     Jurisdiction of Court  
   57.     Court to act in accordance with decision-making principles  
   58.     Declarations as to validity, status, powers etc.  
   59.     Orders to decision makers  
   60.     Orders to former decision maker  
   61.     Court may amend or revoke advance personal plan  
   62.     Court to endorse cessation of decision maker  
   63.     Application for urgent consent decision  
   64.     Effect of application to Court on consent decision  
   65.     Effect of appeal against Court's decision  

           Division 2--Procedure for Local Court

   66.     How proceeding to be started  
   67.     Parties to proceedings  
   68.     Court to act informally and expeditiously  
   69.     Court proceedings to be private  
   70.     Reporting on proceedings relating to Part 4  

           Division 3--Appeals to Supreme Court

   71.     Appeal to Supreme Court  
   72.     Stay of decision and other interim orders  
   73.     Hearing of appeal  
   74.     Power of Supreme Court  

   PART 6--ENFORCEMENT

           Division 1--Investigations

   75.     Requirement to provide information, produce documents etc.  

           Division 2--Offences

   76.     Falsely representing to be decision maker  
   77.     Improper inducement in relation to advance personal plan  
   78.     Improper exercise of authority by decision maker  
   79.     Inducing decision maker to exercise authority improperly  
   80.     Misleading information  

           Division 3--Criminal liability for offences

   81.     Alternative verdicts  

           Division 4--Consequences of conviction

   82.     Termination of appointment as decision maker and disqualification  
   83.     Payment of compensation to represented adult  

           Division 5--Legal proceedings

   84.     Commencement of prosecution  
   85.     When prosecution to be started  

   PART 7--MISCELLANEOUS MATTERS

   86.     Approved forms  
   87.     Register  
   88.     Recognition of interstate documents  
   89.     Other rights not affected  
   90.     Regulations  

   PART 8--REPEALS AND TRANSITIONAL MATTERS

           Division 1--Repeals

   91.     Natural Death Act repealed  

           Division 2--Transitional matters for Advance Personal Planning Act 2013

   92.     Continuation of directions under Natural Death Act  


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