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Yes, Advance Care Directives are legally binding in NSW (and throughout Australia). While NSW does not have specific statue legislation (i.e., legislation made by Parliament), ACDs are legally binding under the Common Law (i.e., law made by Court decisions).

Types of Advance DirectivesThe living will.Durable power of attorney for health care/Medical power of attorney.POLST (Physician Orders for Life-Sustaining Treatment)Do not resuscitate (DNR) orders.Organ and tissue donation.May 13, 2019

Advance directives are legally recognized documents and doctors must respect your known wishes, but doctors can always refuse to comply with your wishes if they have an objection of conscience or consider your wishes medically inappropriate.

Reviewing and changing advance directivesYou can change your directives at any time. If you want to make changes, you must create a new form, distribute new copies and destroy all old copies. Specific requirements for changing directives may vary by state.

WHAT IF I CHANGE MY MIND? You can change or cancel your advance directive at any time as long as you can communicate your wishes. To change the person you want to make your healthcare decisions, you must sign a statement or tell the doctor in charge of your care.

Advance medical directive becomes effective only when a patient is no longer able to make their own decisions due to mental incapacity. This could be temporary or permanent. If temporary, the patient resumes decision making responsibilities once the temporary condition resolves.

1. Living Will Rules Vary by State. The rules for living wills vary depending on where you live.Most states do accept living wills from other states as long as the document is valid in the state in which it was created, but not all do, so it is important to check when your living will is created.