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Advance Medical Directive Act 1996

(Section 22)

Advance Medical Directive
Regulations 1997

2024 REVISED EDITION

(18 December 2024)

[1 July 1997]

Citation

1. These Regulations are the Advance Medical Directive Regulations 1997.

Advance medical directive

2. For the purposes of section 3 of the Act, an advance medical directive (called in these Regulations a directive) must be in Form 1 set out in the Schedule.

Acknowledgment of registration

3. For the purposes of section 5 of the Act, an acknowledgment of registration of a directive must be in Form 2 set out in the Schedule.

Revocation of directive

4. A written revocation of a directive and a notice of revocation (whether the revocation was in writing or by any other way of communication) under section 7 of the Act may be in Form 3 set out in the Schedule.

Acknowledgment of notice of revocation

5. For the purposes of section 7(5) of the Act, an acknowledgment of receipt of a notice of revocation must be in Form 4 set out in the Schedule.

Certification of terminal illness

6.—(1) A certification by a medical practitioner that a person is suffering from a terminal illness and a request for a search of the register under section 9(1) of the Act must be in Form 5 set out in the Schedule.

(2) The Registrar must inform the medical practitioner of the result of his or her search of the register under section 9(2) of the Act in Form 6 set out in the Schedule.

(3) The medical practitioner responsible for the treatment of the patient must obtain the opinions of the 2 medical practitioners required under section 9(3) of the Act in Form 7 set out in the Schedule.

(4) Where a committee of 3 specialists is appointed under section 9(5) of the Act, the Registrar must notify each specialist and obtain his or her opinion as to whether the patient is suffering from a terminal illness in Form 8 set out in the Schedule.

(5) For the purposes of section 9(8) of the Act, the determination by a committee of 3 specialists as to whether a patient is suffering from a terminal illness must be recorded in Form 9 set out in the Schedule.

(6) For the purposes of section 10(3) of the Act, the medical practitioner must certify whether the patient is pregnant, on page 3 of Form 7 set out in the Schedule or, where the committee of 3 specialists is unanimously in agreement that the patient is suffering from a terminal illness, on page 2 of Form 9 set out in the Schedule.

Conscientious objector

7.—(1) For the purposes of section 10(1) of the Act, a medical practitioner or any person who acts under the instructions of a medical practitioner who objects to acting on a directive must register his or her objection in Part 1 of Form 10 set out in the Schedule.

(2) Revocation of an objection under section 10(1) of the Act must be notified to the Registrar by retrieving the form on which the objection was registered from the Registry and completing Part 2 of the form at the Registry.