Report on Bioethics: Advance Care Directives - Law Reform ...

5.43 The Commission recommends that a healthcare professional will notbe liable if they follow an advance care directive which they believe to be validand applicable. [paragraph 4.05]5.44 The Commission recommends that a good faith defence apply topersons who acted in good faith but contrary to an advance care directive whichthey were reasonably unaware of. [paragraph 4.13]5.45 The Commission recommends that the proposed statutory frameworkshould not affect any criminal or civil liability that may arise as a result of anycurrent common law or statutory duty arising from carrying out or continuing thetreatment specified in the advance care directive or from a failure to comply withthe terms of the advance care directive. [paragraph 4.20]5.46 The Commission recommends that the legislative framework foradvance care directives should not preclude a relevant statutory health careprofessional body from inquiring into or investigating whether the failure of ahealth care professional to comply with an advance care directive constitutesprofessional misconduct. [paragraph 4.30].107