Victoria Advance Care Directives
In Victoria, an advance care directive can include binding instructional directives and values directives for future medical treatment.
In Victoria, an advance care directive lets you record future medical treatment decisions for a time when you cannot make the decision yourself. It can include specific treatment instructions and a statement of your values.
General information: This page gives general information for people in Victoria. It is not legal advice. If treatment decisions are urgent, disputed or unclear, ask the treating team, the Office of the Public Advocate, VCAT or a lawyer.
The Victorian law
Victoria's Medical Treatment Planning and Decisions Act 2016 commenced on 12 March 2018. It gives statutory recognition to advance care directives and sets out who can make medical treatment decisions when a person does not have decision-making capacity.
Victorian advance care planning can include:
- an advance care directive
- appointment of a medical treatment decision maker
- appointment of a support person
Instructional and values directives
An instructional directive gives specific instructions about medical treatment you consent to or refuse. If valid and relevant, it is legally binding.
A values directive records what matters to you. It may describe what quality of life means to you, what outcomes you would or would not accept, and what beliefs should guide decisions. A medical treatment decision maker and health professionals must give effect to a valid values directive as the law requires.
Many people use both parts. The instructional directive can be useful where you have a clear treatment decision in mind. The values directive can be useful when the future situation is less predictable, because it helps your medical treatment decision maker work out the decision you would probably have made.
Witnessing
Victoria requires formal witnessing for a statutory advance care directive. The Department of Health says a valid directive must be signed in front of two witnesses, and one witness must be a registered medical practitioner. A person you appoint as your medical treatment decision maker cannot be a witness.
Even if a document is not properly witnessed, it may still give useful information about your wishes.
If you are completing an instructional directive, it is sensible to talk with a doctor about the words you use. Treatment names can be confusing, and a directive is more useful when it is specific enough for clinicians to apply in a real situation.
Who decides if you cannot
If you cannot make a medical treatment decision, your medical treatment decision maker is the first available and willing person in the legal order. This may be someone you appointed, a guardian appointed by VCAT, or a close family member or carer in the order set by law.
That person should make the decision they reasonably believe you would have made.
Keep copies somewhere your decision maker and treating services can find them. Give a copy to your GP, hospital, aged care home, palliative care team and medical treatment decision maker. Review it if your health changes, your treatment goals change, or the person you appointed can no longer take on the role.
You may also want to read
- What is an advance care directive?
- Who decides when family members disagree about end-of-life care?
- Can I refuse further treatment if I do not qualify for VAD?