(c) any other medical procedure— but does not include palliative care; palliative care includes— (a) the provision of reasonable medical procedures for the relief of pain, suffering and discomfort; or (b) the reasonable provision of food and water; S. 3 def. of refusal of treatment certificate amended by No. 7/1990 s. 5. refusal of treatment certificate means a certificate in the form of Schedule 1 or 3 and, if that certificate is modified, includes that certificate as modified and in force for the time being; S. 3 def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 37.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 36), substituted by No. 13/2010 s. 51(Sch. item 37). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3 def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 60.1). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998. 4 Other legal rights not affected (1) This Act does not affect any right of a person under any other law to refuse medical treatment.
S. 5C(2)(c) amended by No. 26/1992 s. 7(2). (c) the agent or alternate agent appointed under the power. S. 5C(3) amended by No. 52/1998 s. 311(Sch. 1 item 60.3(b)). (3) If the Tribunal is satisfied that refusal of medical treatment, either generally or of a particular kind, at a particular time or in particular circumstances is not in the best interests of the donor, the Tribunal may suspend the power for a specified period. S. 5C(4) amended by Nos 26/1992 s. 7(2), 52/1998 s. 311(Sch. 1 item 60.3(b)), 74/2000 s. 3(Sch. 1 item 78). (4) If the Tribunal is satisfied that it is not in the best interests of the donor of a power for the power to continue, or for the power to continue to be exercisable by the agent or alternate agent, the Tribunal may revoke the power. S. 5C(4A) inserted by No. 26/1992 s. 7(3), amended by No. 52/1998 s. 311(Sch. 1 item 60.3(b)). (4A) If the Tribunal is satisfied that— (a) an alternate agent— (i) has completed a false statutory declaration under section 5AA; or (ii) has set out in a statutory declaration enquiries or information that do not form a reasonable basis for the statement of belief, set out in the declaration, that a person's agent is dead, incompetent or cannot be contacted or the agent's whereabouts are unknown; or (iii) is not authorised by an enduring power of attorney (medical treatment) to make a particular decision because of a
(c) any refusal of treatment certificate completed under that power. S. 5C(5) amended by No. 52/1998 s. 311(Sch. 1 item 60.3(b)). (5) Where— (a) the donor of a power is a patient in a public hospital, denominational hospital, private hospital or nursing home; and S. 5C(5)(b) amended by No. 52/1998 s. 311(Sch. 1 item 60.3(b)). (b) the Tribunal revokes or suspends the power— the Tribunal must give written notice of the revocation or suspension to the chief executive officer (by whatever name called) of the hospital or home and the chief executive officer must ensure that a copy of the notice is placed with the patient's record kept by the hospital or home. S. 5D inserted by No. 7/1990 s. 7. 5D Revocation or suspension of refusal of treatment certificate S. 5D(1) amended by No. 26/1992 s. 8(1). (1) If— (a) an enduring power of attorney (medical treatment) is revoked; or S. 5D(1)(b) amended by No. 52/1998 s. 311(Sch. 1 item 60.4(a)). (b) the order appointing a guardian under the Guardianship and Administration Act 1986 is revoked— any refusal of treatment certificate completed by the agent alternate agent or guardian is also revoked.
S. 6 amended by Nos 7/1990 s. 8(a), 23/1994 s. 118(Sch. 1 item 37.6). 6 Offence of medical trespass A registered medical practitioner must not, knowing that a refusal of treatment certificate applies to a person, undertake or continue to undertake any medical treatment to which the certificate applies, being treatment for the condition in relation to which the certificate was given. 5 penalty units. 7 Cancellation or cessation of certificate S. 7(1) amended by Nos 7/1990 s. 8(b)(c), 26/1992 s. 9(1), 23/1994 s. 118(Sch. 1 item 37.7). (1) A refusal of treatment certificate may be cancelled by the person who gave the certificate or on whose behalf it was given clearly expressing or indicating to a registered medical practitioner or another person a decision to cancel the certificate. S. 7(1A) inserted by No. 26/1992 s. 9(2). (1A) A refusal of treatment certificate given by a person's agent may be cancelled in accordance with subsection (1) by the person's alternate agent, as if the alternate agent gave the certificate. S. 7(1B) inserted by No. 26/1992 s. 9(2). (1B) A refusal of treatment certificate given by a person's alternate agent may be cancelled in accordance with subsection (1) by the person's agent, as if the agent gave the certificate. (2) For the purposes of subsection (1), a person may clearly express or indicate a decision in writing, orally or in any other way in which the person can communicate. (3) A refusal of treatment certificate ceases to apply to a person if the medical condition of the person has changed to such an extent that the condition in
2 Table of Amendments This publication incorporates amendments made to the Medical Treatment Act 1988 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Medical Treatment (Enduring Power of Attorney) Act 1990, No. 7/1990 Assent Date: 10.4.90 Commencement Date: 6.8.90: Government Gazette 1.9.90 p. 2288 : All of Act in operation Medical Treatment (Agents) Act 1992, No. 26/1992 Assent Date: 16.6.92 Commencement Date: 16.6.92 : All of Act in operation Medical Practice Act 1994, No. 23/1994 Assent Date: 17.5.94 Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 : All of Act in operation Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 60) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Medical Treatment Act 1988 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 78) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Medical Treatment Act 1988 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 36) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Medical Treatment Act 1988 Health Legislation (Infertility Treatment and Medical Treatment) Act 2006, No. 45/2006 Assent Date: 25.7.06 Commencement Date: S. 4 on 25.7.06: s. 2(1) : This information relates only to the provision/s amending the Medical Treatment Act 1988