2013
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
ADVANCE PERSONAL PLANNING BILL 2013
SERIAL NO. 41

EXPLANATORY STATEMENT

GENERAL OUTLINE
The Advance Personal Planning Bill 2013 allows for an adult who has decision making capacity to make an advance personal plan.  As part of an advance personal plan the adult may do any or all of the following:
§	Make a consent decision for further health care action (an advance consent decision);
§	Make a statement of the adult’s views, wishes and beliefs (an advance care statement); and
§	Appoint one or more persons to make decisions for the person (appointment of a decision maker).
Part 2 of the Bill sets out the general nature and process of advance personal plans. Part 3 of the Bill provides for the appointment and role of decision makers. Part 4 deals with consent decisions and liability protection for health professionals. Part 5 sets out the Local Court’s jurisdiction and Part 6 sets out enforcement and compliance provisions.

NOTES ON CLAUSES
Part 1 Preliminary matters
Clause 1.	Short title
This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Advance Personal Planning Act 2013.
Clause 2.	Commencement
This is a formal clause that provides that the Act commences on the date fixed by the Administrator by Gazette notice. 

Clause 3.	Definitions
This is a formal clause which provides for the clear definition of terms used in the body of this Bill. The definitions are numerous and listed in alphabetical order. 
Clause 4.	Meaning of planning capacity
This clause defines planning capacity. A person is taken to have planning capacity if they have decision-making capacity and do not have an adult guardian or AIPPA manager appointed.

Clause 5.	Meaning of reasonable believes
This clause defines ‘reasonably believes’ as when someone personally has grounds at a particular time for believing something, and the grounds, when judged objectively, are reasonable. The reasonableness of the belief is not affected by the grounds subsequently being found to be false or non-existent. A belief held by a health care provider about a health care matter is not reasonable unless it is consistent with the generally accepted standards of good professional practice of members of the provider's profession.

Clause 6.	Decision-making capacity and impaired 
 	decision-making capacity
This clause defines in detail when an adult has decision making capacity and states that an adult is presumed to have decision-making capacity for a matter until the contrary is shown. Impaired decision making is also defined in this clause and included in the definition is that the cause of the impairment is immaterial. It is noted as part of this definition that an adult does not have impaired decision-making capacity for a matter only because they have a disability, illness or other medical condition, engage in certain practices including having unconventional behavior or making decisions with which other people do not agree; or is or has been dependent on, alcohol or drugs, or has a particular religious, political or moral opinion.
Clause 7.	Application of Criminal Code
This is a formal clause that provides that Part IIAA of the Criminal Code applies to an offence against this Act. Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof.
Part 2 Advance personal plans
Clause 8.	Adult may make advance personal plan
This Bill allows for an adult with planning capacity to make a written statement called an advance personal plan. An advance personal plan can be used to make future decisions about health care (consent decision); provide a statement of the persons views, wishes and beliefs (advance care statements) and appoint one or more persons to act as a decision maker for the person (decision makers).
Clause 9.	

Form of advance personal plan
This clause requires an advance personal plan to be made on an approved form if the plan appoints a decision maker with financial management power or is otherwise required by regulation. Advance personal plans dealing with any other matters must be made in the approved form or in writing in accordance with any requirements prescribed by regulation
Clause 10.	Advance personal plan to be signed
This clause requires that an adult making an advance personal plan must sign the plan in the presence of an authorised witness. If a person is physically unable to sign the plan themselves another adult may sign under their direction and in their presence. The witness must certify that the adult making the plan is who he or she purports to be, is 18 years of age, that the plan was signed by the adult making it or a representative of the adult and that it appeared to the witness that the adult understood the nature and effect of the advance personal plan and in making the plan the adult was acting voluntarily without coercion or undue influence.
Clause 11.	Duration of advance personal plan
This clause provides that an advance personal plan comes into force when it is made. If the advance personal plan is expressed to be for a limited period then it will expire when that limited period ends. Otherwise it will remain in force unless revoked by the maker, the Court or the maker dies. If the advance personal plan only appoints a decision maker and does not include any consent decisions or an advance care statement, the plan will cease if the decision maker, or the last decision maker where more than one is appointed, ceases to act as a decision maker.
Clause 12.	Amendment or revocation by adult
This clause provides that the maker of an advance personal plan may amend or revoke the document at any time he or she has planning capacity. An amended plan must be made in accordance with the form, signing and witnessing requirements.
Clause 13.	Non-compliance with formal requirements
This clause provides that if a person attempts to make a plan but does not comply with the formal requirements for making the plan that it is not to be taken as a plan, however, may be taken as a statement of the adult’s wishes. If the Court is satisfied the intention to make a plan is sufficiently clear the Court may declare the plan to be valid.
Clause 14.	Multiple advance personal plans
This clause provides for the making of multiple advance personal plans, as a person should not be prevented from making subsequent advance consent decisions or advance consent statements dealing with new matters. If two plans have been made that are inconsistent then the most recent plan will prevail. However, if two decision makers are appointed for the same matter this fact by itself does not constitute an inconsistency.
Part 3 Decision makers
Division 1 Appointments
Clause 15.	Who can be appointed as a decision maker
This clause provides who an adult may appoint as a decision maker and includes a person who is 18 years of age, a licensed trustee company, the Public Trustee or the Public Guardian.
If a person is appointed who has not attained the age of 18, then the appointment is of no effect until the person turns 18.
Clause 16.	Appointment of decision maker for matters
Under this Bill, an adult may appoint a decision maker to make decisions about the person’s care or welfare (including health care), property or financial affairs. 
Unless the person appoints a decision maker for specified matters, a decision maker is taken to have been appointed for all matters.
The note to this clause provides a non-exhaustive list of examples for which a decision maker may be appointed and includes: accommodation; day-to-day living matters, such as diet and dress; health care; the provision of care services to the adult; relationships with other people; carrying out forensic procedures; employment; education and training; banking; receipt and payment of money; property (including real estate) ownership; management of assets; carrying on a trade or business; holding a license or permit; obtaining insurance and legal matters (but not legal matters that are excluded such as the making of a will, power of attorney or advance personal plan).
Clause 17.	Appointment options for decision makers
This clause provides for when a decision maker may be appointed, the number of decision makers and if two or more appointed are appointed that they can be appointed, jointly severally or both. The note to clause 17(1)(b) and (c) explains the different types of serial and alternate appointment options available.
Clause 18.	Restrictions, requirements and directions
This clause provides that in an advance personal plan a person may impose restrictions, requirements or give directions to the decision maker for the exercise of the decision maker’s authority.
Clause 19.	When appointment of decision maker ceases
This clause provides for when a person will cease to be a decision maker. A person’s appointment will cease if the person dies, gives written notice of their resignation to another decision maker or the Public Guardian, if the appointment is for a specified time - that time expires, the advance personal plan ceases to be in force or the advance personal is amended to appoint different decision makers effectively terminating the appointment.

Division 2 Authority of decision makers
Clause 20.	Authority of decision maker
This clause provides that a decision maker for a matter is authorised to do anything in relation to the matter that the represented adult could lawfully do if he or she had full legal capacity. However, the decision maker may exercise that authority only when the represented adult has impaired decision-making capacity for the matter and the decision maker's authority is subject to the terms of the advance personal plan.
Clause 21.	Exercise of authority by decision maker 
This clause sets out the authority that a decision maker has when acting under an advance personal plan. The decision maker must act in accordance with the decision making principles, comply with any restrictions on the decision maker’s appointment made by the person, court or this Bill, cooperate with other agents who represent the adult and act with honesty, care, skill and diligence.
Clause 22.	Decision-making principles 
Subclause (1) provides that a decision maker when exercising their authority must do so in accordance with the decision-making principles as set out in this clause.
Subclause (2) provides that if an adult has made an advance care statement that the decision maker must give effect to an advance care statement. However, in order to provide a person with flexibility in their autonomy, as long as they have decision-making capacity, they can state they do not want effect to be given to a statement. 
Subclause (3) provides that where an adult has made an advance care statement, the decision maker must exercise the decision maker’s authority in the way the decision maker reasonably believes the adult would have done in the circumstances. 
Subclause (3) provides that if an adult has not made an advance care statement, the decision maker must exercise authority in a way the adult would have done, unless the decision maker is excused from doing so. 
Subclause (4) explains how to determine what the adult would have done and includes seeking the adult’s current views and wishes, the adult’s previously stated views and wishes, the decision maker’s personal knowledge and if needed, consulting with other person with relevant information.
Subclause (5) provides that if the decision maker cannot form a belief about what an adult would have done, or is excused from exercising substituted judgment, then the decision maker must make the decision according to the adult’s best interests.
Subclause (6) provides a non-exhaustive list of what is considered an adult’s best interests. It includes protection from harm, neglect, abuse and exploitation; maintenance or improvement of the adult’s health; allowing an adult to be as independent as practicable; allowing the adult to live and take part in the community; maintaining the adult’s right to be treated with dignity and respect; maintaining the adult’s preferred lifestyle; creation of positive support networks; protection of the adult’s property and financial resources and right to confidentiality of information.
Subclause (7) provides that subclause (5) and (6) do not prevent actions benefitting another if the adult provided them when he or she had decision making capacity, would be reasonably expected of the adult, is reasonable in the circumstances and does not adversely impact on the adult’s best interests.
Clause 23.	When decision maker is excused from exercising substituted judgment
Subclause (1) provides that exercising substituted judgment means giving effect to the decision maker’s choice not to give effect to an advance care statement or exercising a decision maker’s authority in a way the represented adult would have done.
Subclause (2) provides that a decision maker is excused from exercising substituted judgment if it is impracticable, unlawful, would impose unreasonably onerous burdens on another, there is no reasonable possibility the adult would have intended the statement to apply in the circumstances or that it is so unreasonable.
Subclause (3) provides that if a decision maker considers that they are exempt from exercising substituted judgment under subclause (2) then they must keep a written records of when and why. 
Clause 24.	Excluded matters
The Bill does not allow decisions to be made by a decision maker for an excluded matter. There are a number of matters that been identified as excluded matters and include exercising the adult's right to vote, consenting to the adoption of a child of the adult; consenting to the marriage, or dissolution of the marriage, of the adult; making or revoking a will, power of attorney or advance personal plan.
Clause 25.	Restricted health matters
This clause provides that a decision maker cannot consent to restricted health care action for an adult. Restricted health care action is defined to include sterilisation of the adult, termination of a pregnancy, removal of non-regenerative tissue or any health care action prescribed by regulation.
Clause 26.	Effect of exercise of authority by decision maker
This clause states an act done or omission made by a decision maker in the exercise of their authority has effect as if it were done or made by the represented adult and he or she had full legal capacity.
Clause 27.	Decision maker unaware of entitlement to act or 	not
Subclause (1) provides that if a decision maker purports to exercise authority for a matter in good faith and reasonably believing that circumstances exist that entitle the decision maker to do so; but those circumstance do not in fact exist; anything done by the decision maker in the purported exercise of the authority has effect, and the decision maker is liable to the same extent, as if the circumstances had existed. 

Subclause (2) provides that if a decision maker has authority for a matter; and circumstances exist in which the decision maker is entitled to that authority; but the decision maker is unaware, and could not reasonably have been expected to be aware, of the existence of those circumstances, the decision maker is not liable for any failure to exercise the authority.
Division 3 Specific powers and duties of decision makers
Clause 28.	Right to documents and information
This clause provides that a decision maker has the same right to documents and information that the represented adult would have if he or she had full legal capacity so long as it is relevant to the exercise of the a decision maker’s authority in relation to a matter.
A person who has custody or control of a relevant document or information must give it to the decision maker if requested, unless the information holder has a reasonable excuse not to do so. If a person does not comply with the request, an application can be made by the decision maker to the Court for an order that the person comply.
Clause 29.	Information and things may be given to decision
	maker
This clause permits a person who is required by law to give information or a thing to a represented adult to give the information or thing to the decision maker instead of giving it to the represented adult.
Protection is provided under this clause to persons releasing information in good faith. The release of the information in accordance with this clause will not breach any professional code of conduct and persons will not be civilly or criminally liable.
Clause 30.	Record keeping and reporting requirements 
This clause requires the decision maker to keep reasonable records in relation to the exercise of the decision maker's authority and comply with any record keeping and reporting requirements prescribed by regulation under this Bill.
These regulations may include requirements for the preparation of annual or other reports; auditing or other verification of records and reports; the form of records or reports and who must or may be given copies of the records or reports.
Clause 31.	Property to be managed as if trust property
This clause stipulates that a decision maker who has financial management powers must deal with the represented adult's property as if it were trust property held by the decision maker on trust for the represented adult; and in dealing with the property, is subject to the duties, obligations and limitations that apply under any law of the Territory to a trustee dealing with trust property. To avoid any confusion section 24A of the Trustees Act has been expressly dissapplied.
Clause 32.	Gifts
This clause allows a decision maker who has financial management powers to make a gift or donation from the represented adult's property if the gift or donation is of a kind the represented adult made when he or she had decision–making capacity for the matter; or might reasonably be expected to make; and the value of the gift or donation is reasonable in the circumstances.
A represented adult may specifically restrict a decision maker’s ability to make gifts or alternatively authorise the giving of gifts that are not permitted by this clause.
Clause 33.	Maintenance of dependants  
This clause provides that a decision maker who has financial management powers may provide from the represented adult's property for the needs of a dependant if it was something the represented adult did when he or she had decision–making capacity, might reasonably be expected to do; and the value of the gift or donation is reasonable in the circumstances.
A represented adult may specifically restrict a decision maker’s ability to provide for a dependant’s needs or alternatively authorise the provision of a dependant’s needs that are not permitted by this clause.
Clause 34.	Transfer when person ceases to be decision maker
This clause specifies that when a person ceases to be a decision maker the person must take all reasonable steps to provide for the smooth transfer of decision making authority to the represented adult who has regained their decision making capacity, or otherwise another agent. If the represented adult has died then the decision maker must take all reasonable steps for the smooth transfer of the adult's estate to the adult's executor.
Division 4 Reimbursement and remuneration  
Clause 35.	Reimbursement of expenses
This clause provides that a decision maker is entitled to reimbursement from the represented adult’s estate for reasonable costs incurred in acting as a decision maker that are approved in the advance personal plan or by the Court. Costs approved by the Court can be for particular expenses or expenses generally, however, the Court cannot make an order for reimbursement of expenses that is contrary to an express provision in the advance personal plan.
Clause 36.	Remuneration for professional decision maker
This clause states that a decision maker who is a professional decision maker is entitled to reasonable remuneration from the represented adult as approved in the advance personal plan or by the Court. The Court cannot make an order for remuneration that is contrary to an express provision in the advance personal plan.
This clause defines a professional decision maker to mean the Public Trustee, the Public Guardian, a licensed trustee company and another person who carries on the business or providing services as a decision maker. 
Clause 37.	

Reimbursement and remuneration for other services provided by decision maker to represented adult
This clause recognises that there may be occasions when a person who is a decision maker also provides other services to the represented adult. A decision maker is only entitled to reimbursement or remuneration as approved by the advance personal plan or the Court.
The Court can only give approval for reimbursement or remuneration if it is reasonable in the circumstances for the person who is the decision maker to also be providing the other services, and the amount to be paid is reasonable.
Part 4 Consent to health care action 
Division 1 Preliminary matters about consent to health care action 
Clause 38.	Scope of consent decisions
This clause provides that consent about health care action may be provided for either a particular instance or a course of health care over a period of time; it may be about one or more particular health care actions or health care actions generally; and may apply in all circumstances of only in stated circumstances.
Clause 39.	When statement in advance personal plan 
	constitutes advance consent decision
This clause provides that a statement in an advance personal plan may be an advance consent decision or an advance care statement. To be a an advance consent decision it must be an express statement of the adult’s consent or refusal to consent ;or it can be reasonably concluded from the statement that the adult would or would not want the health care action to be taken in circumstances existing when it is proposed to take the health care action. If a statement does not constitute an advance consent decision it will be taken to be an advance care statement.

Division 2 Consent to health care action 
Clause 40.	Application of Division 
This clause explains the purpose of Division 2 of Part 4 which is to enable a health care provider to ascertain who can make a consent decision behalf of a person who has impaired decision-making capacity.
Clause 41.	Advance consent decision 
Subclause (1) provides that when an adult makes an advance consent decision, the effect of that decision is as if the decision had been made by the adult, that they had full legal capacity and were fully informed about the health care action.
Subclause (2) provides that the Court may order that an advance consent decision be disregarded.
Subclause (3) provides the Court can only order an advance consent decision to be disregarded if there is no reasonable possibility the adult intended the advance consent decision to apply to the circumstances or in carrying out the advance consent it would cause the adult unacceptable pain and suffering.
Subclause (4) provides that unless the Court has ordered that a consent decision be disregarded, that no other person may make a consent decision about the health care action.  
Clause 42.	Consent decision by decision maker or adult 
	Guardian
Subclause (1) provides that if an adult has not made a consent decision, or the court has ordered that a consent decision be disregarded and the court has not made a consent decision, then a decision maker or adult guardian may make the consent decision. The clause refers to the available decision maker or adult guardian as the available consenter because it is a convenient way to describe both persons using one term. 
Subclause (2) provides that if there is only one available consenter then that person may make the decision. 
Subclause (3) provides that if there are two available consenters who agree on how the consent decision should be made that any one of them can make the decision.
Subclause (4) provides that if there are two or more available consenters who don’t agree on how the consent decision is to be made, and the health care provider reasonably believes that one of the available consenters is reasonably able to act in the best interests of the adult, then that available consenter may make the decision. If not, then none of the available consenters can make the decision.
Subclause (5) provides that a consent decision made under this clause has effect as if the decision had been made by the adult, they had full legal capacity and were fully informed about the health care action.
Subclause (6) provides that if there are two decision makers who have been jointly appointed then a reference in this clause to a decision maker is to both of them acting jointly.
Clause 43.	Willing and able to make informed consent
	Decision
This clause sets out the requirements that a decision maker or adult must meet in order to be considered to be willing and able to make an informed consent decision. The requirements include having the requisite authority to make a consent decision; have unimpaired decision-making capacity; be reasonably available; be willing to make the decision; have an understanding of the obligations under the requisite legislation; have all information needed to make a balanced decision; have adequate time to consider the decision; understand the effect of the decision and make the decision voluntarily and free of undue influence.
Clause 44.	

Consent decisions by Court
This clause provides for the Court to have power to make a consent decision if the adult hasn’t made a consent decision or the Court has ordered that the adult’s consent decision be disregarded and there is no available decision maker or guardian to make a consent decision. A consent decision made by the Court under this clause has effect as if the decision had been made by the adult who had full legal capacity and was fully informed about the health care.
Division 3 Health care providers 
Clause 45.	Health care provider relying on advance consent 
	Decision
This clause provides that if a health care provider takes health care action for an adult in reliance on a consent decision provided for in the represented person’s advance personal plan, the health care provider taking the action is taken for all purposes, to have done so with the consent of the adult and as if the adult had full legal capacity. This remains the case in a situation where the Court had made an order that the advance care directive be disregarded but the health care provider had no knowledge of that direction. The clause also reiterates that this clause applies if the health care action is to hasten the death of the adult.
Clause 46.	Health care provider relying on consent of decision maker or adult guardian
This clause provides that in situations where a health care provider takes a health care action for an adult, and reasonably believes that valid consent to the health care action had been given either by the decision maker, adult guardian or the Court, and this is later found not to be the case, then the health care provider taking the action is taken is for all purposes, to have done so with the consent of the adult and as if the adult had full legal capacity. The clause also reiterates that this clause applies if the health care action is to hasten the death of the adult.
Clause 47.	

Health care provider relying on consent of Court
This clause provides that if a health care provider takes health care action in reliance on a consent decision made by the Court, that the health care provider is taken, for all purposes, to have taken the health care action with the consent of the adult. The clause also reiterates that this clause applies if the health care action is to hasten the death of the adult.
Clause 48.	Health care provider relying on another provider to
	ascertain consent
This clause provides a health care provider may rely on another health care provider ascertaining that consent has been given for the taking of health care action, if that reliance is reasonable in the circumstances. The clause also reiterates that this clause applies if the health care action is to hasten the death of the adult.
Clause 49.	Health care provider acting with consent of adult 
	when unaware of impaired capacity 
This clause recognises that if a health care provider takes health care action for an adult relying in good faith on consent purportedly given by the adult, when in fact the adult has impaired capacity for the action; and the provider did not know, and could not reasonably be expected to know, that the adult has impaired capacity for the action, then the health care provider taking the action is taken, for all purposes, to have done so with the consent of the adult and as if the adult had full legal capacity. The clause also reiterates that this clause applies if the health care action is to hasten the death of the adult.
Division 4 Miscellaneous matters
Clause 50.	No obligation to take health care action
This clause does not require a health care provider to take health care action if the provider would not otherwise be required to do so.
Clause 51.	

Unlawful health care action not permitted
This Bill does not authorise a person to take health care action that would not be lawful health care action for an adult with full legal capacity to consent. Specifically this clause does not permit the intentional killing of another called euthanasia.
Clause 52.	Conduct amounting to unprofessional conduct
This clause provides that if a health care provider reasonably believes that an adult has impaired decision-making capacity and takes health care action other than in reliance on a decision given in an advance consent decision, that the conduct constitutes unprofessional conduct for the purposes of the Health Practitioner Regulation National Law.
Clause 53.	Effect of decision refusing consent on provision of emergency treatment
This clause specifically excludes paragraph (c) of the definition of assault in section 187 of the Criminal Code operating as an exclusion from the definition of assault for consent given in an advance consent decision, by a decision maker or the Court.
Under s187(a) of the Criminal Code "assault" is defined as ‘the direct or indirect application of force to a person without his consent…’ However, under paragraph 187(c) it does not include "force…when rescuing or resuscitating a person or when giving any medical treatment or first aid reasonably needed by the person to whom it is given..." 
Without the limitation provided by this clause, under paragraph 187(c) of the Criminal Code a person could provide resuscitation or medical treatment even if he knew the patient had refused consent.

Clause 54.	Other laws allowing treatment without consent not
	Affected
This clause provides that the Bill does not affect the operation of any other law of the Territory that allows a person to take health care action for another person without that person's consent.
Clause 55.	

Other rights preserved
This clause provides that the Bill does not affect any other rights an adult has to refuse health care and does not intend to replace any existing common law rights that a person may have in relation to making decisions about their future health care.
Part 5 Role of the Local Court
Division 1 Jurisdiction of Local Court
Clause 56.	Jurisdiction of Court 
This clause states that the Court has jurisdiction to deal with and determine all matters coming before it under this Act.
Clause 57.	Court to act in accordance with decision-making 
	Principles
This clause states that the Court must act in accordance with the decision-making principles.
Clause 58.	Declarations as to validity, status, powers etc
This clause establishes what kind of declarations the Court may make. This includes declarations whether an adult has impaired decision-making capacity; whether an advance personal plan is valid; whether a statement is a consent decision or a statement; whether a consent decision or statement is applicable to a particular circumstance; whether a decision maker has authority for a matter; the scope of a decision maker’s authority and generally any other matters that are relevant.
Clause 59.	

Orders to decision makers
This clause sets out the types of orders that the Court may make. This includes orders how a decision maker may exercise their authority; resolution of differences between two jointly appointed decision makers that cannot agree; authorising the decision maker to act in specified circumstances concerning the management of property, giving of gifts and maintenance of dependants; approving the reimbursement of expenses for decision makers and professional decision makers and facilitating workable divisions of decision making authority between agents.
Clause 60.	Orders to former decision maker
This clause provides that if a person has ceased to be a decision maker the Court may make orders providing for the orderly transfer of decision making authority to another agent or the executor or administrator of the estate if the person has died. 
Clause 61.	Court may amend or revoke advance personal 	plan
Subclause (1) provides a plan may be amended, even if the decision maker has lost planning capacity. 
Subclause (2) sets out the situations when a plan may be amended and include if giving effect to the plan is impossible, unlawful, imposes unreasonably onerous burdens on another, there is no reasonable possibility the adult intended the plan to have the effect that it will have, giving effect to the plan would be unreasonable, the adult when making the plan was adversely affect by undue influence, there has been a major change in circumstances or it is necessary to facilitate a reasonable division of decision making authority between two or more agents.
Subclause (3) provides that a court may amend the advance personal plan if satisfied there are grounds for amending the plan and if the adult had planning capacity that they would have agreed with those amendments.
Subclause (4) provides that a Court may terminate the appointment of a decision maker if satisfied that is the only practicable way to deal with the ground of amendment.
Subclause (5) provides that a Court may revoke a plan if it is the only practicable way to address grounds for amending a plan and if the adult had planning capacity that they would have agreed with that revocation.
Clause 62.	Court to endorse cessation of decision maker
This clause provides that if a decision maker ceases to act, but a plan continues in force, then the adult, former decision maker or an interested person may apply to the Registrar to endorse on the plan that the decision maker has ceased to act.
Clause 63.	Application for urgent consent decision
This clause provides that if an urgent consent decision is required, the Court must make the decision with 24 hours, unless the Court considered that it is not urgent and could be dealt with normally. An urgent consent decision made by the Court cannot be in respect to health care that exceeds a period of 2 weeks. If health care will exceed the period of 2 weeks the Court must make another consent decision for a further period.
Clause 64.	Effect of application to Court on consent decision
This clause provides if an order is made for a consent decision to be disregarded, the making that application has no effect on the consent decision until the Court makes an order.
Clause 65.	Effect of appeal against Court’s decision 
This clause provides that if an appeal is lodged with the Supreme Court against a consent decision made by the Local Court, the lodging of that appeal has no effect on the consent decision until the Supreme Court orders otherwise.

Division 2 Procedure for Local Court
Clause 66.	How proceeding to be started
This clause provides that proceedings before the Local Court may be commenced by an application by the affected adult or and interested person for the affected adult. If the application is in respect to a former decision maker applications may be made by the former decision maker, or if the adult has died, the executor or administrator of the adult’s estate. If proceedings relate to an application for private proceedings or publication of Part 4 proceedings dealing with consent to health care, then an application may be made with any person with a proper interest. Applications are to be made in accordance with the Court’s rules.
Clause 67.	Parties to proceedings
This clause sets out who are the parties to proceedings. Parties include the applicant, if the applicant is not the affected adult – the affected adult and any other interested person permitted by the court to join the proceedings or person joined as a party in accordance with the Court’s rules.
Clause 68.	Court to act expeditiously
This clause provides that the Court must act with as little formality and technicality as the matter permits.
Clause 69.	Court proceedings to be private 
This clause provides that proceedings are to be conducted in private and the Court may only open them if it considers that justice will best be served by opening them.
Clause 70.	Reporting on proceedings relating to Part 4
This clause provides that a person commits an offence if they engage in conduct resulting in the publication of information relating to a Part 4 proceeding and that the information identifies the adult subject to the proceeding.

Division 3 Appeals to Supreme Court
Clause 71.	Appeal to Supreme Court
This clause provides that appeals to the Supreme Court may be made the a party to a proceeding or another interested person for the affected adult with the leave of the Supreme Court. Appeals must be lodged within 28 days after the original decision was made and must be made in accordance with the Supreme Court Act.
Clause 72.	Stay of decision and other interim orders 
This clause provides that the Supreme Court may stay an original decision of the Local Court or make any other interim orders it considers appropriate.
Clause 73.	Hearing of appeal
This clause provides that fresh or additional evidence may be presented before the Supreme Court.
Clause 74.	Power of Supreme Court 
This clause provides that after hearing an appeal the Supreme Court must either confirm the original decision, vary the original decision, set aside the original decision and either replace it with the Supreme Court’s own decision or refer the matter back to the Local Court for reconsideration. The Supreme Court must act in accordance with the decision-making principles as if it were the decision maker. The Supreme Court may make any ancillary orders considered appropriate or give any directions to the Local Court if referring a matter back for reconsideration. 

Part 6 Enforcement 
Division 1 Investigations
Clause 75.	Requirement to provide information, produce 
	documents etc
Subclause (1) provides that the Chief Executive Officer may exercise their powers under this clause to assess whether provisions of the Bill are being complied with or for obtaining evidence. 
Subclause (2) provides that the Chief Executive Officer may give a person written notice to provide information, produce a document or thing or answer questions.
Subclause (3) enables the Chief Executive Officer to make copies or records of information, documents, things or answer to questions.
Subclause (4) provides that a person commits an offence if they fail to comply with a notice to produce information, documents, things or answer questions.
Subclause (5) provides that a defence to subclause (4) is reasonable excuse.
Subclause (6) provides that reasonable excuse includes failing to comply because doing so may incriminate the person.
Division 2 Offences
Clause 76.	Falsely representing to be decision maker
Subclause (1) provides that a person commits an offence if the falsely represents that they or another person are the decision maker with authority.
Subclause (2) provides that a person commits an offence if in addition to subclause (1) they do so to obtain benefit for themselves or another person.

Clause 77.	Improper inducement in relation to advance personal plan
This clause provides that a person commits an offence if the person dishonestly or with undue influence induces another to make, amend or revoke an advance personal plan.
Clause 78.	Improper exercise of authority by decision maker
Subclause (1) provides that a person commits an offence if they act as a decision maker and contravene subclause 21(1) which requires the decision maker to act in accordance with decision-making principles, comply with restrictions on the decision makers power, cooperate with any other agents and act with honesty, diligence and skill.
Subclause (2) provides that a person commits an offence if in addition to subclause (1) they do so to obtain benefit for themselves or another person.
Clause 79.	Inducing decision maker to exercise authority 
	Improperly
Subclause (1) provides that a person commits an offence if the person engages in conduct to intentionally induce a decision maker to contravene subclause 21(1).
Subclause (2) provides that a person commits an offence if in addition to subclause (1) they do so to obtain benefit for themselves or another person.
Clause 80.	Misleading information
Subclause (1) provides that a person commits an offence if the person knowingly gives information that is misleading a person who they know to be an Agency Officer.
Subclause (2) provides that a person commits an offence if the person knowingly gives a document containing misleading information to a person who they know to be an Agency Officer.
Subclause (3) provides that subclauses (1) and (2) are offences of strict liability.
Subclause (4) provides that subclause (2) does not apply if the person draws to the Agency Officer’s attention the misleading aspect and reasonably gives information to remedy the misleading aspect.
Subclause (5) defines terms used in this section relating to acting in an official capacity, Agency Officer and misleading information.
Division 3 Criminal liability for offences
Clause 81.	Alternative verdicts 
This clause provides that if a trier of fact cannot be satisfied beyond reasonable doubt that a person committed a greater offence in clauses 74, 87 or 77, then it does not preclude them from finding the person guilty of an alternative offence.
Division 4 Consequences of conviction 
Clause 82.	Termination of appointment as decision maker and disqualification
This clause provides that in addition to convicting a person of an offence,  a Court may also terminate or disqualify a decision maker’s appointment.
Clause 83.	Payment of compensation to represented adult
This clause provides that if a person is convicted of an offence in clauses 74 to 77 and is satisfied that the offence cause loss to the represented adult, the court may order the offender to pay compensation to the represented adult, or if the adult has died to their estate.
Division 5 Legal proceedings
Clause 84.	Commencement of prosecution
This clause provides that offences for proceedings against this Bill may only be commenced by the Chief Executive Officer or a person authorised by the Minister.
Clause 85.	When prosecution to be started 
This clause provides that proceedings for simple offences may be commenced within 2 years from the date the Chief Executive Officer first became aware of the offence.
Part 7 Miscellaneous matters 
Clause 86.	Approved forms
This clause provides that the Minister may approve advance personal planning forms. The Chief Executive Officer must publish the approved form in the Gazette and make it available to the public via the Agency’s website.
Clause 87.	Register
This clause provides that the Chief Executive Officer may establish a register of advance personal plans for safe-keeping and for making them available for others who have a proper interest in knowing whether an adult has made an advance personal plan and the contents of the plan. Registration is optional and does not affect the validity of the advance personal plan.
Clause 88.	Recognition of interstate documents
Subclause (1) provides that subject to this subclause recognised interstate documents are to have effect in the Territory as if they were an advance personal plan made under this Bill.
Subclause (2) provides that the Bill, apart from Parts 2 and 3, applies to recognised interstate documents as if they were an advance personal plan made under this Bill.
Subclause (3) provides amendments to recognised interstate documents must be made in accordance with the corresponding laws under which they were made.
Subclause (4) provides that persons appointed to make decisions under recognised interstate documents have the same rights, powers and responsibilities as the person has under the corresponding laws under which they were made.
Subclause (5) provides that regulations may be made that limit or impose conditions on the exercise of powers mentioned under subclause (4).
Subclause (6) defines terms used in this section relating to corresponding law and recognised interstate document.  
Clause 89.	Other rights not affected
This clause provides that nothing in this Bill affects what an adult could do but for the Bill.
Clause 90.	Regulations
This clause provides for a general power for the administrator to make regulations under this Act and for the regulations to prescribe fees
Part 8 Repeals and transitional matters
Division 1 Repeals
Clause 91.	Natural Death Act repealed
This clause repeals the Natural Deaths Act 1988.
Division 2 Transitional matters for Advance Personal Planning Act  2013
Clause 92.	Continuation of directions under Natural Death Act
This clause provides that upon commencement existing directions previously made under the Natural Deaths Act made before commencement, that had not been revoked and where the person is alive, are taken to be an advance personal plan that contains an advance consent decision.