s.21Revocation by Ethics Committee on request
21
Section 21Part 3ADVANCE HEALTH CARE DIRECTIVES

Revocation by Ethics Committee on request

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The Ethics Committee may, if —
a directive-maker is mentally incompetent and receiving health care at or from a hospital; and
a person acting on the directive-maker's behalf asks the Ethics Committee to revoke the directive,
revoke the directive.
The Ethics Committee may only revoke the directive if the Ethics Committee is satisfied that —
acting on the directive would not be in the directive-maker's best interest; and
assuming the following, medical advances since the making of the directive are likely to cause the directive-maker's health care wishes to be significantly different from those under the directive —
that the directive-maker is mentally competent; and
that the directive-maker had been generally informed of the nature of the medical advances.
Revocation under subsection (1) may not depend on a revocation wish.
In considering the issue of causation in respect of subsection (2)(b), the Ethics Committee shall take into account any —
express provision in the directive that it cannot be revoked because of a change in the directive-maker's wishes;
wish not to revoke the directive expressed by the directive-maker before the directive-maker's mental incompetency; and
revocation wish by the directive-maker, or a wish by the directive-maker not to revoke.