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Legislative Assembly for the ACT: Week 6 Hansard (24 June) . . Page.. 2815..


has been refused or withdrawn. The section does not indicate that any other rights the person has takes precedence over their right to refuse treatment other than palliative care.

(5) The Medical Treatment Act 1994 does not specifically provide for describing circumstances under which medical treatment is to be withheld or withdrawn. A person can direct the withdrawal or withholding of medical treatment generally or a particular kind of medical treatment (other than palliative care). It would depend on the individual proposed direction as to whether it was valid under the Act.

(6) Yes. According to the Medical Treatment Act 1994, a medical directive that is made in accordance with the prescribed form and other requirements of the Act has the effect of a valid direction.

(7) There is no Part C in the Medical Treatment Act 1994. If the question refers to the Powers of Attorney form that is contained in Schedule 2 of the Powers of Attorney Act 1956, I cannot say whether this can include medical treatment that does not conflict with an advance directive, as included in a Living Will drawn up by the Canberra Branch of the Voluntary Euthanasia Society. I note that subsections 18(3) and (4) of the Medical Treatment Act deal with the relationship between an enduring power of attorney made under the Powers of Attorney Act 1956 and a direction or power of attorney made under the Medical Treatment Act 1994. The answer to this question would depend on the terms of the living will document and the circumstances of each individual case.

(8) I presume that the Member is referring to the Guidelines for Health Care Professionals developed by the ACT Community Advocate website and available through http://www.oca.act.gov.au/publications/guidelines.html a copy of which is enclosed. I have been advised by the Community Advocate's office that these still apply in the ACT.

(9) No. I have been advised that as the Medical Treatment Act 1994 applies to the refusal of medical treatment other than palliative care, the Euthanasia Laws Act 1997 (Clth) does not affect its operation. Again, private legal advice should be obtained to ensure the validity of a direction made under the Medical Treatment Act 1994.

(10) Other than the guidelines referred to in answer to question 8 above, I am not aware of specific guidelines currently available on making a direction under the Medical Treatment Act 1994. The Act itself sets out some guidelines for filling out the form for a direction, and its effect in relation to a power of attorney made by the same person.

[The attached guidelines document is available at the Chamber Support Office.]

Prisons and prisoners

(Question No 1533)

Mr Smyth asked the Attorney-General, upon notice, on 13 May 2004:

Further to the response to Question on notice No 1388, why was there a need to house an A.C.T. remandee interstate for a period of 52 days when Belconnen Remand Centre and the Court House cells have not been at capacity at any time in the last 12 months.

Mr Stanhope: The answer to the member's question is as follows:

The detainee in question presented serious management issues and posed a severe and special security risk. The ACT's current remand facilities, unlike NSW remand facilities, do not


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