Guardianship and Administration Amendment (Advance Care Directives) Bill 2020 - Have your say

Advance Care Directives are instructions about a person’s future decisions in relation to health care and treatment made by a person when they have decision making ability in anticipation of a time in the future when they do not have the ability to make those decisions due to illness or injury.

The draft Bill amends the Guardianship and Administration Act 1995 to provide for the giving, recognition and implementation of Advance Care Directives.

All other Australian jurisdictions except New South Wales and Tasmania explicitly provide for Advance Care Directives in legislation. The draft Bill will amend the Guardianship and Administration Act 1995 to provide for this purpose.

The Bill progresses the recommendations of Tasmanian Law Reform Institute (TLRI) which relate to ACDs in the TLRI Report on the “Review of the Guardianship and Administration Act 1995 (Tas)”.

The Bill has now been tabled and is available on the Parliament of Tasmania website (external link).

Consultation and Publishing of Submissions

Public consultation on the draft Bill commenced on 21 September 2020 and concluded on 16 October 2020.

The consultation process was undertaken by the Department of Justice and was subject to the Government’s ‘Publication of Submissions Received by Tasmanian Government Departments in Response to Consultation on Major Policy Issues’ Policy (external link).

Further details on the policy and a link to the full document are available on the Department of Premier and Cabinet website (external link).

The Department of Justice received 17 submissions that are required to be published in accordance with the policy. As the Government’s consideration of all submissions has now concluded, those submissions that are required to be published have been made available.

Timeline

Consultation opens

21-Sep-2020

Consultation closes

16-Oct-2020

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