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Interstate directives and appointments

Information about when the appointment of medical decision-makers and advance care directives will be recognised in Victoria if they were made in another state or territory.

Recognition of advance care directives made interstate

Advance care directives validly made interstate will be recognised in Victoria as though the directive was made here. The directive will be limited to the matters that can be directed under Victorian law. These directives may be called something else in that other state or territory.

See s. 95—Medical Treatment Planning and Decisions Act 2016 (Vic).

Support people and medical treatment decision-makers appointed interstate

If a medical treatment decision-maker or a support person is appointed in another Australian state or territory their appointment will be recognised in Victoria as long as it complies with the requirements set out in that state or territory.

The powers given under that appointment will only be recognised to the extent that they would be recognised if they had been made under Part 3 of the Victorian Act. So, for example, if the interstate law gave a decision-maker the power to include palliative care decisions, this power would not be recognised in Victoria.

See s. 96—Medical Treatment Planning and Decisions Act 2016 (Vic).

Directives and appointments made before 12 March 2018

These interstate instruments will be recognised even if they were made before the Medical Treatment Planning and Decisions Act 2016 came into force on 12 March 2018.

See ss. 95(3), 96(2)—Medical Treatment Planning and Decisions Act 2016 (Vic).

More information

Legislation

Medical Treatment Planning and Decisions Act 2016 (Vic)

  • s. 95—recognition of advance care directives made in other states and territories
  • s. 96—recognition of appointments made in other states and territories
  • s. 97—unlawful terms

See Medical Treatment Planning and Decisions Act 2016 (Vic).

The following interstate bodies have information for people who have power of attorney documents that were made interstate or who would like to make a power of attorney document in that state or territory.

Guardianship Tribunal—NSW

See Guardianship tribunal—NSW.

Office of the Public Advocate (QLD)

See Office of the Public Advocate (QLD).

Office of the public advocate—South Australia

See Office of the Public Advocate—South Australia.

Office of the Public Guardian—Tasmania

See Office of the Public Guardian—Tasmania.

Office of the Public Advocate—Western Australia

See Office of the Public Advocate—WA.

Public Trustee—ACT

See Public Trustee for ACT—Powers of Attorney.

Updated