Withdrawing, Withholding and Refusing Emergency Resuscitation

Abstract

Following the advice of the State Crown Solicitor of New South Wales, issued in 1990, there has been doubt regarding the legality of "not-for-resuscitation" orders and the circumstances under which such orders may be made. Recent cases in England and New Zealand have considered the issue of the withdrawal of life-support treatment and it is suggested that the principles discussed in that context may have ramifications for Cardio-pulmonary Resuscitation (CPR) decisions. In this article, those decisions are considered, along with various pieces of Australian legislation, in order to draw a conclusion as to when No-CPR orders are justified, and in what circumstances CPR may be lawfully withheld, withdrawn or refused. Proposals are advanced for law reform in order to give proper effect to the conclusions drawn.