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, 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, Tasmania 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.