Advance care directives made under the laws applicable in some other Australian states will now be recognised in Tasmania.
Section 35ZN of the Guardianship and Administration Act 1995 provides that a validly made interstate advance care directive that has substantially the same effect as instruments under the Act can, by notice published in the Gazette, be recognised in Tasmanian.
The Gazette notice Advance Care Directives Corresponding Laws published on 22 May 2024 provides for the recognition in Tasmania of advance care directives made in the following states and territories:
- Australian Capital Territory;
- Queensland;
- South Australia;
- Victoria;
- Western Australia; and
- Northern Territory.
The By Lawyers Powers of Attorney, Enduring Guardianship, and Advance Care Planning (TAS) guide has been updated accordingly.