(1) If a medical treatment decision maker or a support person is appointed in another State or a Territory and the appointment complies with the requirements of that other State or the Territory then, to the extent that the powers the instrument of appointment gives could validly have been given by an appointment under Part 3, the appointment is taken to be an appointment of an appointed medical treatment decision maker or support person (as the case may be). (2) This section applies whether the appointment is made before, on or after the commencement of this section. 97 Unlawful terms Despite sections 95 and 96, a term of an instrument in the nature of an advance care directive or appointment of an appointed medical treatment decision maker or a support person that would be unlawful under this Act is void and of no effect. 98 Record keeping requirements (1) The operator of a health facility must take reasonable steps to ascertain whether either of the following is in force in relation to any patient in the facility— advance care directive; appointment of an appointed medical treatment decision maker or a support person. (2) If the operator of a health facility ascertains that a patient in the facility has an advance care directive, the health facility must take reasonable
(1) If a medical treatment decision maker or a support person is appointed in another State or a Territory and the appointment complies with the requirements of that other State or the Territory then, to the extent that the powers the instrument of appointment gives could validly have been given by an appointment under Part 3, the appointment is taken to be an appointment of an appointed medical treatment decision maker or support person (as the case may be). (2) This section applies whether the appointment is made before, on or after the commencement of this section. 97 Unlawful terms Despite sections 95 and 96, a term of an instrument in the nature of an advance care directive or appointment of an appointed medical treatment decision maker or a support person that would be unlawful under this Act is void and of no effect. 98 Record keeping requirements (1) The operator of a health facility must take reasonable steps to ascertain whether either of the following is in force in relation to any patient in the facility— advance care directive; appointment of an appointed medical treatment decision maker or a support person. (2) If the operator of a health facility ascertains that a patient in the facility has an advance care directive, the health facility must take reasonable
16-069a.docx