Advance Care Directive Register – Online Portal

This Portal is operated by TASCAT for the purpose of facilitating an Eligible Person to search for and to be provided with a copy of an Advance Care Directive if held in the Register.

The Portal is not the Register, nor does it replace the Register.

Access to the Portal is subject to agreement with the following Conditions of Use. Capitalised terms are defined at clause 8 of the Conditions of Use.

1. Acceptance of Conditions of Use

Your access to and use of the Portal is subject to your agreement to these Conditions of Use.

Please read them carefully before proceeding. If you do not agree to these Conditions of Use you must not use or access the Portal.

TASCAT reserves the right in its absolute discretion at any time and without notice to amend, remove, or vary these Conditions of Use.

2. Access to Registered Advanced Care Directives through the Portal

You must be an Eligible Person to access the document(s) you request to access through this Portal.

You understand that in accordance with the section 123 of the TASCAT Act, knowingly giving false information to TASCAT may be subject to a fine not exceeding 50 penalty units (as of April 2023, $9,050).

3. Completeness and Currency of the Register

Advance Care Directives are not required to be registered in Tasmania.

Any searches made using the Portal will be searching the Register, which only contains Advanced Care Directives registered in Tasmania, in accordance with the Act.

A person giving an Advanced Care Directive may revoke that instrument in accordance with the Act. Where the person has registered an Advanced Care Directive, the person revoking such instrument must notify TASCAT of the revocation to enable TASCAT to update the Register.

TASCAT does not warrant or guarantee any copy of an Advanced Care Directive accessed through the Portal will be a copy of a person’s most recent Advanced Care Directive.

Any copy of an Advanced Care Directive, accessed through the Portal:

(a)  is a copy of the Advanced Care Directive registered in the Register as at the date TASCAT makes a copy available to You;

(b)  is subject to change at any time by the person giving the Advanced Care Directive subsequently updating the Advanced Care Directive, through tribunal orders made by TASCAT, or otherwise in accordance with the Act or the Regulations.

You will not receive any notification of updates to the Register or any Advanced Care Directive You have previously accessed.

4. Offence to share personal information or documents

You acknowledge that section 86 of the Act prohibits you from sharing or disclosing information (including personal information or records) accessed through the register except in very limited circumstances (such as a Tribunal hearing). A contravention of this requirement is an offence, and may result in you being liable to a fine not exceeding 20 penalty units (as of April 2023, $3,620) or a period of imprisonment not exceeding 12 months, or both.

You may only use information accessed through the register for purposes consistent with and contemplated by the Act, and not any other purposes including for commercial gain.

5. Disclaimer

By accessing the register through this online portal, you waive and release TASCAT to the full extent permitted by law from any and all claims relating to reliance on or the use of any information.

You understand that no responsibility is accepted for the accuracy, completeness, and/or relevance to the user's purpose, of the information accessed through online portal service.  Those relying on information obtained through this online portal are solely responsible for ensuring by independent verification its accuracy, currency or completeness.

No warranty is given that the information accessed through this online portal service is free of infection by computer viruses or other contamination, nor that access to the website or any part of it will not suffer from interruption from time to time, without notice.

Any links to other websites that have been included in the online portal are provided for your convenience only. We do not accept any responsibility for the accuracy, availability, or appropriateness to the user's purposes, of any information or services on any other website.

TASCAT, its officers, employees and agents do not accept liability however arising, including liability for negligence, for any loss resulting from the use of or reliance upon the information and/or reliance on its availability at any time.

6. Content warning

Through accessing the Register through the Portal you may be exposed to sensitive, confronting, or confidential information.

7. Acceptance of Conditions of Use

Failure to accept or adhere to any Condition of Use at any time terminates your permission to access the Register through the Portal.

8. Definitions

In these Conditions of Use:

Act means the Guardianship and Administration Act 1995 (Tas).

Advanced Care Directive has the meaning given to that term under the Act.

Conditions of Use means these conditions of use (as amended or updated by TASCAT from time to time).

Eligible Person means a person specified under section 17(3) of the Regulations as being able to access the Register to access a relevant Advance Care Directive, namely:

(a)          the person who gave the Advance Care Directive;

(b)          a guardian for the person who gave the Advance Care Directive, if that guardian has authority to make health care decisions in respect of that person;

(c)           the person responsible under the Act for the person who gave the Advance Care Directive;

(d)          a medical practitioner providing health care to the person who gave the Advance Care Directive;

(e)          a hospital, hospice, health service establishment, nursing home or other health facility or service responsible for providing health care to the person who gave the Advance Care Directive;

(f)           any other person who TASCAT is satisfied has a proper interest in accessing the Advance Care Directive.

Portal refers to the information, text, graphics, services and other data contained or available under the domain name [#####] or the information, text, graphics, services and other data or information contained or available under any personalised content or result of a search of information held in the Register.

Register means the register kept by TASCAT in accordance with sections 35X(4) and 89 of the Act containing particulars of any Advanced Care Directives registered with TASCAT under section 35X of the Act.

Regulations means the Guardianship and Administration Regulations 2017 (Tas).

TASCAT means the Tasmanian Civil and Administrative Tribunal established under the TASCAT Act.

TASCAT Act means the Tasmanian Civil and Administrative Tribunal Act 2020 (Tas).

You and Your refers to the person accessing and using the Portal.