State & Territory forms and guides for download

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. 

All documents for ACT

Substitute Decision Makers

Legal document

Enduring Guardian - Use this document to give authority for your chosen person to speak and act on your behalf. This document allows you to choose some or all of the categories:

  • Property matters (includes financial matters)
  • Personal care matters
  • Health care matters
  • Medical research matters 

Enduring Power of Attorney (EPA)

Personal Values Profile

Supporting document

Statement of choices - use this supporting document to provide guidance around health care anytime you lose legal capacity to make decisions and express your wishes and choices about your medical treatment. 

Advance Care Plan Statement of Choices (Competent Person)  

Advance Care Plan Statement of Choices (No Legal Capacity)

Advance Care Directive

Legal document

Health Direction - use this to document if you want to create a statutory legally binding directive in the ACT that specifies your consent and refusal for specific medical treatments. 

Without a valid health direction document, doctors must treat you in the most appropriate way. This can mean aggressive treatments that you might not have wanted.

Health Direction


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

All documents for NSW

Substitute Decision Makers

Legal document

Enduring Guardian - gives a person legal authority to make medical and lifestyle decisions on your behalf. 

Enduring Power of Attorney - gives a person legal authority to manage your assets and make financial and legal decisions on your behalf and continues even if you lose the ability to make decisions for yourself. Find all other documents related to POA appointments, updates or revocation in our full document pack. 

Enduring Guardian appointment

Enduring-Power-Of-Attorney

 

Personal Values Profile

Supporting document

Although NSW does not have prescribed forms, NSW Health provide a template you can use to cover cover both non-legally binding values and legally binding consent and refusals of treatment. 

Use Advance Care Directive form

Advance Care Directive

Legal document

Although NSW does not have prescribed forms, NSW Health provide a template you can use to cover cover both non-legally binding values and legally binding consent and refusals of treatment. 

You will find the template and guide together in this one document. 

Making an Advance Care Directive


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.

All documents for NT

Substitute Decision Makers

Legal document

Advance Personal Planning - replaces enduring power of attorney. The NT now combines legal and supporting documentation in one document.

Section D of the document allows you to appoint decision maker(s) to make decisions on your behalf. This document allows you to choose from these options:

  • All matters
  • Financial matters (including dealing in property)
  • Personal/health matters
  • Limited matters (you will need to specify)

Use Advance Personal Plan  

 

 

Personal Values Profile

Supporting document

NT combines the recording of both legal and supporting statements in one document.

Section B of the Advance Personal Plan document covers your values and wishes as non legally binding (supporting) statements. 

Use Advance Personal Plan

Advance Care Directive

Legal document

NT combines legal and supporting documentation in one document.

Section C of the Advance Personal Plan document covers legally binding consent and refusals of treatment and care. 

Advance Personal Plan


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.

All documents for QLD

Substitute Decision Makers

Legal document

Enduring power of attorney - this document allows you to appoint someone you trust to make decisions for you and continues if you lose capacity to make decisions yourself.

QLD redesigned the forms in November 2020 and there are now a set of forms to use. It gets a little confusing so if you're not sure download the document pack which includes the guides. 

The short form lets you give the same authority to whoever you nominate. You choose to give power over personal, financial or both but if you nominate more than one person, everyone will have the same authority.

The long form lets you give different authority to whoever you nominate. Use this if you do not want the same person(s) acting for both personal and financial matters. 

Enduring POA short form 

Enduring POA long form 

Personal Values Profile

Supporting document

QLD combines legal and supporting documentation in one document.

Section 3 of the Advance Health Directive document covers legally binding consent and refusals of treatment and care. 

Use Advance Health Directive

Advance Care Directive

Legal document

QLD combines legal and supporting documentation in one document.

Section 4 of the Advance Health Directive document covers legally binding consent and refusals of treatment and care. 

Advance Health Directive - form 4 only

 


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. 

All documents for SA

Substitute Decision Makers

Legal document

Advance Care Directive - SA combine appointing a decision maker into the same form as your directive and values profile. You will find everything you need in the one form. 

SA offers paid options so if you prefer to download from their site, you may need to look hard to find them. 

Use Advance Care Directive

Personal Values Profile

Supporting document

Advance Care Directive - SA combine your values profile in the same form as appointing a decision maker and your consent and refusals of treatment.

SA Government offers paid options so if you prefer to download from their site, you may need to look hard to find them. 

Use Advance Care Directive 

Advance Care Directive

Legal document

Advance Care Directive - SA combine appointing a decision maker into the same form as your directive and values profile. You will find everything you need in the one form. 

SA offers paid options so if you prefer to download from their site, you may need to look hard to find them. 

Advance Care Directive 


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.

All documents for TAS

Substitute Decision Makers

Legal document

Enduring Guardian - The appointment of your enduring guardian takes effect only if you become unable to make your own medical or personal decisions. Your enduring guardian can then communicate your wishes on your behalf after you have lost the ability to communicate.

NOTE: You are required to register your document with Service Tasmania and pay a fee that at September 2021 is $74.25. 

Enduring Power of Attorney - Power of Attorney only relates to your financial estate. It allows someone to make these decisions if you are no longer able to make them for yourself. 

Enduring Guardian appointment

Power-Of-Attorney documents

Personal Values Profile

Supporting document

Advance Care Directive - TAS combine your values profile in the same template as your consent and refusals of treatment.

Use Advance Care Directive

Advance Care Directive

Legal document

Advance Care Directive - TAS does not have a statutory directives although they do provide a template you can use. They combine your your consent and refusals of treatment in the same template as values profile. 

Advance Care Directive


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. 

All documents for VIC

Substitute Decision Makers

Legal document

Medical Treatment Decision Maker -  allows you to appoint a decision maker (who will make decisions on your behalf when you no longer have decision making capacity).

Appointment of medical treatment decision maker form

Personal Values Profile

Supporting document

In VIC you can record general statements about your values and preferences to guide future medical treatment decisions in the same form that you record instructions consenting to or refusing specific types of treatment.

Use Advance Care Directive

Advance Care Directive

Legal document

In VIC you can record instructions consenting or refusing specific types of treatment in the same document that you record general statements about your values and preferences to guide future medical treatment decisions.

Advance Care Directive


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.

All documents for WA

Substitute Decision Makers

Legal document

Enduring Power of Attorney - enables an adult with full legal capacity to appoint another person to make decisions on their behalf about property and financial matters.

Enduring Power of Guardianship - enables an adult with full legal capacity to appoint another person to make decisions on their behalf about personal, lifestyle and treatment matters

Enduring Power of Guardianship

Enduring Power of Attorney

Personal Values Profile

Supporting document

An Advance Care Plan - is a record of your advance care planning discussion and a way of informing those who are caring for you of your personal wishes. You may include detail of personal wishes which are not covered in other formal documents mentioned above. Any special requests or messages may be recorded here as a useful guide for those persons involved in your care and managing various matters for you.

Advance Care Plan

Advance Care Directive

Legal document

Advance Heath Directive - is the form recognised at law that contains your decisions to provide or withhold consent to specific health care treatments or procedures, including life-sustaining measures and palliative care.

Advance Health Directive

WA also offer information on completing an AHD in audio format 


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