End of Life Law in Australia

Are common law Advance Directives legally binding in every Australian State and Territory?

Are common law Advance Care Directives legally binding in every Australian State and Territory?

No. Common law Advance Care Directives are not legally binding in every Australian State or Territory:

  • In New South Wales and Tasmania, common law Advance Care Directives are the only Advance Care Directives that exist and are legally binding.
  • In the Australian Capital Territory, the Northern Territory, South Australia and Western Australia both statutory Advance Care Directives and common law Advance Care Directives are legally binding.
  • In Victoria common law Advance Care Directives that refuse treatment and statutory Advance Care Directives are binding.
  • In Queensland, only statutory Advance Care Directives are legally binding.