15. Offence to enquire whether directive made
Feedback & supportExcept in the circumstances specified in subsection (2), a person who has or who will be likely to have the medical care of any patient (whether or not he or she has made or intends to make a directive) must not ask or otherwise enquire of the patient as to whether or not the patient has made or intends to make a directive.
patient
“patient” means any person (whether or not he or she is undergoing any medical treatment, care or therapy) who is not mentally disordered, who has attained 21 years of age and who has made or desires to make a directive in accordance with this Act;
Nothing in subsection (1) affects the duty or right of a medical practitioner responsible for the care of a patient to discuss and explore with his or her patient the concept of directives and the objects and provisions of this Act and any regulations made under this Act where such discussions are —
medical practitioner
“medical practitioner” means a person who is registered, or deemed to be registered, as a medical practitioner under the Medical Registration Act 1997;
consistent with good medical practice;
held in the context of the relationship between a medical practitioner and his or her patient; and
in furtherance of the purposes of public education.
Except where a patient has been determined in accordance with section 9 to be suffering from a terminal illness, all information relating to the patient’s making of a directive, or of the patient’s intention to make a directive communicated by the patient to the medical practitioner or other medical worker having the care of the patient must be kept confidential by the medical practitioner or other medical worker.
terminal illness
“terminal illness” means an incurable condition caused by injury or disease from which there is no reasonable prospect of a temporary or permanent recovery where —(a)death would, within reasonable medical judgment, be imminent regardless of the application of extraordinary life‑sustaining treatment; and(b)the application of extraordinary life‑sustaining treatment would only serve to postpone the moment of the patient’s death.
Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.