Forms and guides for downloading
Forms, templates, documents and guides
Use this page to access documents, templates and forms issued by each State and Territory in Australia. We've added in a summary to help you understand and select the right document for your needs.
It can get confusing because of the variations in terminology used across different States and Territories. At Flamingo, we like to keep things simple by using the following terms consistently:
Substitute Decision Makers - some states require a form for each action - appointing, revoking and accepting - others combine these.
Personal Values Profile - This is often incorporated with the legally binding document although the information you include here is about letting health professionals know who you are and what is important to you enjoying life. When someone is unwell or injured it can be difficult to tell the difference between someone who gains happiness through active social interactions to someone who craves a quiet environment. Knowing this can have a big influence on the care you receive when you can't ask for what you want yourself.
Advance Care Directive - You'll find various names for this document, we use this commonly known term anytime we refer to documenting legally binding consent or refusals of treatment.
How downloads work:
Our downloads live in Google Drive, links will take you there or directly to the source document on the local health department website.
We hope you find this useful and don't forget to let us know if you think we're missing something useful.
AUSTRALIAN CAPITAL TERRITORY (ACT)
In the ACT a person may create both a common law directive and/or a statutory directive known as "Health Direction". Both are recognised by the law in the ACT.
Download all documents as a compressed file or select the specific document you want from the links below.
NEW SOUTH WALES (NSW)
Only common law directives exist in NSW. There are no formal requirements such as signatures, dates, witnesses or particular wording. If applicable in the circumstances that have arisen, they must be followed by a health professional. This includes Advance Care Directives that refuse life-sustaining treatment. A health professional may be liable under civil law and criminal law for failing to follow a valid and applicable common law Advance Care Directive.
If a health professional is concerned about whether the common law Advance Care Directive is valid or applicable, they can apply to the court for advice and clarification.
NOTE: NSW Trustee & Guardian have made changes to their website that make it difficult to locate forms and are directing people to engage their services to assist in document preparation at a cost. We will aim to keep these template documents available to you on our site while they are still legally accepted in NSW.
Last updated: September 2021
NORTHERN TERRITORY (NT)
In the Northern Territory a person may create both a common law directive and/or a statutory directive, known as an "Advance Personal Plan". Both are recognised by the law in the Northern Territory. An Advance Personal Plan must be followed by a health professional, unless the Northern Territory Civil and Administrative Tribunal (NTCAT) orders that an advance consent decision in a plan can be disregarded.
The NTCAT may override the advance consent decision if:
- it is not reasonably possible that the person would have intended the advance consent decision to apply in those circumstances; or
- following the advance consent decision would cause the person unacceptable pain and suffering, or is so wholly unreasonable that overriding the person’s wishes is justifiable.
QUEENSLAND (QLD)
Queensland only has statutory directives known as an "Advance Health Directive". Common law directives were intended to have legal effect, however the wording and structure of the guardianship legislation has removed their legal effect.
A health professional does not have to follow a health directive if:
- a direction is inconsistent with good medical practice
- a direction is uncertain (although they must first consult a substitute decision-maker if one is appointed under the directive); or
- circumstances have changed to the extent that the direction is no longer appropriate (for example, changes in medical science mean the direction should not be acted upon).
In those circumstances a health professional will not be liable for failing to comply with the Directive. The health professional will need to some other authority to decide about treatment, for example, consent from the person’s substitute decision-maker.
NOTE: Documents for Queensland have been updated, we're currently reviewing these and will publish updated information and links to the most current forms here soon - thanks for your patience.
SOUTH AUSTRALIA (SA)
In SA a person may create both a common law directive and/or a statutory directive. Though the Act does not specifically refer to common law directives, a common law Advance Care Directive is recognised by the law in South Australia. A health professional must follow all directions in the binding section of the directive (refusals of consent including life-sustaining treatment), except in specific circumstances. You can find these details in your document pack.
Directions in the non-binding section of your document must be followed where they are reasonably practicable however, if they are inconsistent with professional standards or the standards of health care in South Australia they do not have to be followed.
TASMANIA (TAS)
Only common law directives exist in TAS. There are no formal requirements such as signatures, dates, witnesses or particular wording. If applicable in the circumstances that have arisen, they must be followed by a health professional. This includes Advance Care Directives that refuse life-sustaining treatment. A health professional may be liable under civil law and criminal law for failing to follow a valid and applicable common law Advance Care Directive.
If a health professional is concerned about whether the common law Advance Care Directive is valid or applicable, they can apply to the court for advice and clarification.
VICTORIA
In VIC a person may create both a common law directive that refuses treatment and/or a statutory directive, both are recognised by the law in Victoria.
A health professional must make reasonable efforts to find out whether a person has a directive, failing to do so will be unprofessional conduct.
In VIC legally binding directions are known as Instructional Directives and non-binding are known as Values Directives. Provided you have capacity you can complete one or both parts.
WESTERN AUSTRALIA (WA)
In WA a person may create both a common law directive and/or a statutory directive, knowns as an Advance Health Directive, both types of directives are recognised by the law in Western Australia.
A health professional may not follow an Advance Health Directive if circumstances exist or have arisen that:
- the person would not have reasonably anticipated when they made the directive; or
- would have caused a reasonable person to have changed their mind about the direction.
And they may not follow a refusal of treatment if:
- the person does not have capacity to make reasonable judgments about treatment,
- they reasonably suspect the person has attempted to commit suicide, and
- the person requires urgent treatment as a result of that.
We aim to keep this information accurate, if you find any issues please let us know so we can get it fixed and continue making it easier for people to find what they're looking for.
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