Advance Care Directive Victoria Witnessing Rules: GP Requirements, Remote Signing, and What Happens if Your Doctor Refuses

Victoria's Witnessing Rules Are Stricter Than Any Other State

Signing an advance care directive in Victoria requires two adult witnesses who are physically present in the same room as you at the time of signing. One of those witnesses must be a registered medical practitioner — a medical doctor with current AHPRA registration.

Neither witness can be someone you've appointed (or intend to appoint) as your Medical Treatment Decision Maker. Both must be at least 18 years old.

These requirements come from the Medical Treatment Planning and Decisions Act 2016, and they're not flexible. Miss any of them and the entire directive is legally invalid.

Why a Doctor Must Be Present

The medical practitioner witness serves a dual function. They don't just watch you sign — they must satisfy themselves that:

• You have decision-making capacity at the time of signing.
• You understand what the document contains.
• You understand that an instructional directive is legally binding on treating health practitioners.

This verification role is why the Act requires a doctor specifically, rather than just any authorised witness. The doctor is certifying that you understood the clinical implications of your instructions — that when you wrote "I refuse CPR," you grasped what that means in practice.

Remote and Video Witnessing Is Not Permitted

This is the rule that catches most people off guard. While Victoria has modernised witnessing for other legal documents — Enduring Powers of Attorney and MTDM appointments can both be witnessed via audio-visual link — advance care directives are explicitly excluded from remote witnessing.

You and both witnesses must be physically present in the same room. A Zoom call, FaceTime session, or any other video platform cannot substitute for in-person attendance, even if both witnesses can clearly see and hear you sign.

This creates a genuine hardship for rural Victorians, people in hospital, or anyone who struggles to coordinate an in-person meeting with a doctor and a second witness simultaneously. But the law is clear: remote witnessing makes the ACD invalid.

What to Do When Your GP Refuses

GP refusal is the most common practical barrier to completing an ACD in Victoria. Many doctors decline to witness these documents because:

• They're unfamiliar with the 2016 Act and uncertain about their legal obligations.
• They worry about professional liability if the directive is later challenged.
• Standard consultation times (15 minutes) are too short to review the document and assess capacity.
• Some clinics treat witnessing as an administrative service and charge $100 to $300 — a non-Medicare-reimbursable fee that catches families unprepared.

Practical workarounds:

Book a dedicated long appointment. Don't try to add ACD witnessing onto a regular consultation. Book at least 30 minutes and tell reception the purpose when you schedule so the GP can prepare.

Bring the instructions document. The Department of Health publishes a witness information sheet that explains the GP's statutory role. Bring a printed copy — it addresses most liability concerns.

Try your local hospital's ACD clinic. Many Victorian public hospitals and community health centres run dedicated advance care planning clinics where clinicians are trained in the 2016 Act. Contact the advance care planning coordinator at your nearest health service.

Ask another doctor. The Act requires a registered medical practitioner — it doesn't have to be your regular GP. Any doctor with current AHPRA registration can witness, including hospital doctors, specialist clinic physicians, or doctors at a different general practice.

The Second Witness

Your second witness must be an adult (18 or older) who is not your appointed MTDM. Beyond those requirements, there are no professional qualifications needed. A family member, friend, colleague, or neighbour can serve as the second witness, provided they're not the person you've named as your MTDM.

Both witnesses must sign the directive on the same occasion — you can't have one witness sign on Monday and another on Thursday.

What Happens if You Get the Witnessing Wrong

An ACD that doesn't meet the statutory witnessing requirements is not legally binding. It may still be treated as evidence of your values and preferences — similar to a values directive — but it won't carry the binding force that makes Victorian ACDs powerful.

In practice, this means a treating clinician could override your documented instructions in an emergency if the directive was improperly witnessed. The entire point of the 2016 Act framework is that properly executed directives are binding; improper execution removes that protection.

Getting the Signing Right the First Time

The witnessing appointment is a one-shot opportunity for most people — coordinating a GP, a second witness, and the completed paperwork takes real effort. The Victoria Advance Directive & Living Will Kit includes a dedicated signing and witnessing checklist, a GP consultation script that addresses common hesitations, and a pre-appointment preparation guide designed to make that single appointment count.

See more Victoria guides →