Your wishes for future medical treatment, in writing — legally recognised in all Australian states. Select your state for the correct form, witnessing rules, and download link.
📋 Sources (verified June 2026):
Advance Care Planning Australia — advancecareplanning.org.au (national advisory service: 1300 208 582).
Australian Government Dept of Health — health.gov.au ↗.
Advance Care Planning Australia law guide — advancecareplanning.org.au/law ↗.
State legislation: VIC Medical Treatment Planning and Decisions Act 2016; NSW common law + Guardianship Act 1987; QLD Powers of Attorney Act 1998; SA Advance Care Directives Act 2013; WA Guardianship and Administration Act 1990; TAS Guardianship and Administration Act 1995; ACT Medical Treatment (Health Directions) Act 2006; NT Advance Personal Plan Act 2013.
Laws vary by state and change. Always verify current requirements with Advance Care Planning Australia or a lawyer before signing.
🇦🇺 Australia only · All states + territories
ℹ️ General information only — not legal advice. Laws differ by state and change over time. For complex situations or if you are unsure, consult a solicitor or call Advance Care Planning Australia on 1300 208 582. Always verify current requirements with your state health department.
💬 Free national support: Advance Care Planning Australia — 1300 208 582 — Mon–Fri, 8am–4pm AEST. They can help you complete the right document for your state. advancecareplanning.org.au ↗
What is an advance care directive?
An advance care directive (ACD) is a legal document that records what medical treatment you do — and don’t — want if you become unable to communicate or make decisions yourself. It can also formally appoint someone you trust to make decisions on your behalf. Advance Care Planning Australia
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What it can do: Refuse specific treatments (e.g. resuscitation, ventilation), appoint a substitute decision-maker, record your values and goals of care.
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Important: Only binding refusals are legally required to be followed. General values and preferences must be taken into account but are not strictly binding. Laws differ by state. Advance Care Planning Australia
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When to make one: Anyone can make an ACD at any age, at any time, as long as you have decision-making capacity. Doing it while healthy is better than waiting until you are seriously ill.
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Can I change it? Yes — at any time while you have capacity. Always give updated versions to everyone who holds a copy. The most recent version is the one that will be followed. health.gov.au
Get the right form for your state
Every state has different legislation, document names, and witnessing requirements. Tap yours below. Advance Care Planning Australia 2025
Advance Care Directive
Medical Treatment Planning and Decisions Act 2016 (Vic) health.vic.gov.au
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Witnessing: Must be signed in front of a medical practitioner or a registered nurse, who must certify you have decision-making capacity.
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What it covers: Consent or refusal of medical treatment; values and goals; appointment of a Medical Treatment Decision Maker (MTDM).
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Note: Only instructions to refuse treatment are legally binding. Instructions to consent are not — but your MTDM and doctors must still consider them.
Common law recognised — statutory form available from NSW Health health.nsw.gov.au
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Witnessing: Must be witnessed by two adults, at least one of whom must be a medical practitioner, nurse, lawyer, or justice of the peace. Witnesses cannot be beneficiaries of your estate.
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What it covers: Preferences for medical treatment; appointment of an Enduring Guardian to make personal and health decisions.
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Enduring Guardian: A separate NSW form for appointing someone to make decisions when you can’t. Recommended alongside the ACD.
Witnessing: Must be signed in the presence of a qualified person: a justice of the peace, commissioner for declarations, lawyer, notary public, or doctor. The witness must certify capacity.
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What it covers: Future health care decisions including consent or refusal of treatment. Can appoint an attorney for personal/health matters via Enduring Power of Attorney.
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Important — QLD only: Common law ACDs are not legally binding in Queensland — only a statutory AHD is. If you have strong specific wishes, you must use the official form. Advance Care Planning Australia
Advance Care Directives Act 2013 (SA) sahealth.sa.gov.au
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Witnessing: Must be witnessed by an authorised witness: a doctor, nurse, pharmacist, dentist, lawyer, JP, or other authorised person. The witness must certify your capacity and that the document is voluntary.
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What it covers: Health care, personal, and end-of-life preferences in a single document. Can also appoint a Substitute Decision-Maker in the same form — unique to SA.
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SA advantage: SA’s ACD is comprehensive — health, personal, and end-of-life in one document. No need for multiple separate forms. Advance Care Planning Australia
Guardianship and Administration Act 1990 (WA) health.wa.gov.au
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Witnessing: Must be signed in front of a medical practitioner and an authorised witness (e.g. JP, lawyer, pharmacist). The medical practitioner must certify capacity.
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What it covers: Future health care consent and refusal. Can appoint an Enduring Guardian for personal and health decisions via separate form.
Witnessing: Must be signed and witnessed. Witnesses must be authorised persons (e.g. JP, lawyer, pharmacist).
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What it covers: Health, personal, and lifestyle decisions in a combined document. Also covers financial and legal matters if desired. Broader than most other states’ ACDs.
In many cases, valid statutory documents will be recognised in other parts of Australia when the content is in line with local laws. However, to avoid any delays or uncertainty, it is best to complete the statutory ACD for the state where you want it recognised. If you spend significant time in more than one state, consider completing forms for both. Advance Care Planning Australia
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QLD note: A common law ACD completed in another state may not be legally binding in Queensland. If you move to QLD, complete an Advance Health Directive using the official QLD form. Advance Care Planning Australia
Where to store and share your ACD
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Your GP — keep a copy in your patient file so it is available at every consultation.
Planning aged care alongside an advance care directive? Answer a couple of questions on our sister site's Aged Care Navigator to find the right next step — assessment, home-care or residential options — or visit myagedcare.info → directly.