Natural Death Act 1988 (NT)

NORTHERN TERRITORY OF AUSTRALIA

NATURAL DEATH ACT 1988

As in force at 17 July 1989

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Short title2 — Commencement3 — Definitions4 — Power to make direction5 — Act not to affect other rights6 — Certain aspects of causation of death7 — SavingsENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Act as in force at 17 July 1989.  Any amendments that commence after that date are not included.

NATURAL DEATH act 1988

An Act to provide for, and give legal effect to, directions against artificial prolongation of the dying process

1Short title

This Act may be cited as the Natural Death Act 1988.

2Commencement

This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

3Definitions

In this Act, unless the contrary intention appears:

extraordinary measures means medical or surgical measures that prolong life, or are intended to prolong life, by supplanting or maintaining the operation of bodily functions that are temporarily or permanently incapable of independent operation.

recovery, in relation to a terminal illness, includes a remission of symptoms or effects of the illness.

terminal illness means such an illness, injury or degeneration of mental or physical faculties:

• (a)

  that death would, if extraordinary measures were not undertaken, be imminent; and

• (b)

  from which there is no reasonable prospect of a temporary or permanent recovery, even if extraordinary measures were undertaken.

4Power to make direction

• (1)

  A person of sound mind who has attained the age of 18 years, and who desires not to be subjected to extraordinary measures in the event of his or her suffering from a terminal illness, may make a direction in the prescribed form.

• (2)

  A direction under subsection (1) is of no effect unless witnessed by 2 witnesses who have attained the age of 18 years, neither of whom is the medical practitioner responsible for the treatment of the person.

• (3)

  Subject to subsection (2), where a person who is suffering from a terminal illness has made a direction under this section and the medical practitioner responsible for the treatment of the person has notice of that direction, it shall be the duty of that medical practitioner to act in accordance with the direction unless there is reasonable ground to believe that the person:

  • (a)

    has revoked, or intended to revoke, the direction; or

  • (b)

    was not, at the time of making the direction, capable of understanding the nature and consequences of the direction.

• (4)

  This section does not derogate from any duty of a medical practitioner to inform a patient who is conscious and capable of exercising a rational judgment of all the various forms of treatment that may be available to the patients’ particular case so that the patient may make an informed judgment as to whether a particular form of treatment should, or should not, be undertaken.

• (5)

  The Administrator may, by regulation, prescribe a form for the purposes of subsection (1).

5Act not to affect other rights

• (1)

  This Act does not affect the right of a person to refuse medical or surgical treatment.

• (2)

  This Act (other than section 6) does not affect the legal consequences (if any) of taking, or refraining from taking:

  • (a)

    therapeutic measures (not being extraordinary measures) in the case of a patient who is suffering from a terminal illness, whether or not the patient made a direction under this Act; or

  • (b)

    extraordinary measures in the case of a patient who has not made a direction under this Act.

• (3)

  A medical practitioner incurs no liability for a decision made by him or her in good faith and without negligence as to whether a patient:

  • (a)

    is, or is not, suffering from a terminal illness;

  • (b)

    revoked, or intended to revoke, a direction under this Act; or

  • (c)

    was, or was not, at the time of making a direction under this Act, capable of understanding the nature and consequences of the direction.

  6Certain aspects of causation of death
• (1)

  For the purposes of the law of the Territory, the non-application of extraordinary measures to, or the withdrawal of extraordinary measures from, a person suffering from a terminal illness does not constitute a cause of death where the non-application or withdrawal was as a result of and in accordance with a direction made under section 4(1) by the person.

• (2)

  This section does not relieve a medical practitioner from the consequences of a negligent decision as to whether or not a patient is suffering from a terminal illness.

7Savings

• (1)

  Nothing in this Act prevents the artificial maintenance of the circulation or respiration of a dead person:

  • (a)

    for the purpose of maintaining bodily organs in a condition suitable for transplantation; or

  • (b)

    where the dead person was a pregnant woman – for the purpose of preserving the life of the foetus.

• (2)

  Nothing in this Act authorizes an act that causes or accelerates death as distinct from an act that permits the dying process to take its natural course.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Natural Death Act 1988 (Act No. 51, 1988)
Assent date	17 November 1988
Commenced	17 July 1989 (Gaz S35, 17 July 1989)