End of Life Law in Australia

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

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

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

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