• Each state has different arrangements for advance care planning. The following links relate to:
• Legislation related to advance care planning,
• documentation used for advance directives,
• medical power of attorney,
• power of attorney for financial decision-making,
• any other legislation or information affecting the involvement of proxy decision-makers.

Australian Capital Territory
Advance Care Planning Legislation	Medical Treatment (Health Directions Act 2006 (ACT)
Proxy Medical Decision-making	Enduring Power of Attorney under the Powers of Attorney Act 2006
Formal Document used for advance directives	Schedule 1, form 1 of the Medical Treatment Act
Power of attorney for financial decision	Schedule 1, form 1 of the Powers of Attorney Act
Other state-based resources

New South Wales
Advance Care Planning Legislation	No legislation covering this. Guidelines have been published in 2005 for end-of-life care and decision-making, and health services are encouraged to develop policies based on this. Information about informed consent requirements: Circular 2004/84 – Patient information and consent to medical treatment.
Proxy Medical Decision-making	Guardianship Act 1987
Formal Document used for advance directives	No formal document
Power of attorney for financial decision	NSW Trustee and Guardian
Other state-based resources	Brochure: Enduring Guardianship: what it is and how you do it (2005) Using Advance Care Directives (NSW)

Northern Territory
Advance Care Planning Legislation	Natural Death Act 1988
Proxy Medical Decision-making	No legislation covering this
Formal Document used for advance directives	Regulations under the Natural Death Act
Power of attorney for financial decision	Powers of Attorney
Other state-based resources	Information from the NT Department of Justice about the use of powers of attorney

Queensland
Advance Care Planning Legislation	Powers of Attorney Act 1998
Proxy Medical Decision-making	Forms for creating powers of attorney and contacts for further information – Qld Dept of Justice and Attorney-General
Formal Document used for advance directives	Advance Health Directive
Power of attorney for financial decision	Guardianship and Administration Act 2000    The Public Trustee of Queensland
Health care decisions	Department of Justice and Attorney General

South Australia
Advance Care Planning Legislation	Consent to Medical Treatment and Palliative Care Act (1995) Guardianship and Administration Act 1993 (SA)
Proxy Medical Decision-making	Office of the Public Advocate
Formal Document used for advance directives	Anticipatory Direction (also includes Medical Power of Attorney form and information for health professionals)
Power of attorney for financial decision	Office of the Public Advocate
Other state-based resources	Guidelines to assist in determining a person's competence to make advance directives

Tasmania
Advance Care Planning Legislation	No legislation providing advance health directives.  Consent to Medical Treatment is covered in the Guardianship and Administration Act 1995
Proxy Medical Decision-making	Guardianship and Administration Board Office of the Public Guardian Forms for creating powers of attorney, under the Powers of Attorney Act 2000
Formal Document used for advance directives	No formal document
Power of attorney for financial decision	Guardianship and Administration Act 1995 Public Trustee
Other state-based resources	For information about the definition of “person responsible”

Victoria
Advance Care Planning Legislation	Medical Treatment Act (1988) Vic Guardianship and Administration Act (1986) Vic
Proxy Medical Decision-making	Office of the Public Advocate
Formal Document used for advance directives	Refusal of Treatment certificate
Power of attorney for financial decision	Victorian Civil and Administrative Tribunal
Other state-based resources	For information about the definition of "person responsible"

Western Australia
Advance Care Planning Legislation	Acts Amendment (Consent to Medical Treatment) Act 2008
Proxy Medical Decision-making	No legislation covering this
Formal Document used for advance directives	No formal document
Power of attorney for financial decision	Enduring power of attorney information kit - contains the forms which are used to create a power of attorney
Other state-based resources	Discussion paper on “Medical Treatment for the Dying” released in May 2004, as part of the process of legislative review

This page was created on 04 January 2006. These pages are currently being reviewed and rewritten.  
Last updated 16 February 2010