South Australian Current Acts

ADVANCE CARE DIRECTIVES ACT 2013

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      References to provision of health care to include withdrawal etc of health care
   5.      References to particular forms of health care in advance care directives
   5A.     References to advance care directive to include certain digital copies
   6.      Health practitioner cannot be compelled to provide particular health care
   7.      Impaired decision-making capacity
   7A.     Interaction with Voluntary Assisted Dying Act
   8.      Application of Act
   8A.     Interaction with other Acts and laws

   PART 2--Objects and principles

   9.      Objects
   10.     Principles

   PART 3--Advance care directives

           Division 1--Advance care directives

   11.     Giving advance care directives
   12.     Provisions that cannot be included in advance care directives
   13.     Advance care directive not to give power of attorney
   14.     Giving advance care directives where English not first language
   15.     Requirements for witnessing advance care directives
   16.     When advance care directives are in force
   17.     Advance care directive revokes previous advance care directives
   18.     No variation of advance care directive
   19.     Binding and non-binding provisions
   20.     Advance care directive has effect subject to its terms

           Division 2--Substitute decision-makers

   21.     Requirements in relation to appointment of substitute decision-makers
   22.     Substitute decision-makers empowered separately and together etc
   23.     Powers of substitute decision-maker
   24.     Exercise of powers by substitute decision-maker
   25.     Substitute decision-maker to give notice of decisions
   26.     Substitute decision-maker may obtain advice
   27.     Substitute decision-maker may renounce appointment
   28.     Death of substitute decision-maker does not affect validity of advance care directive

           Division 3--Revoking advance care directives

              Subdivision 1--Revoking advance care directive where person competent

   29.     Revoking advance care directive where person competent

              Subdivision 2--Revoking advance care directive where person not competent

   30.     Application of Subdivision
   31.     Tribunal to be advised of wish for revocation
   32.     Revoking advance care directives where person not competent

   PART 4--Recognition of advance care directives from other jurisdictions

   33.     Advance care directives from other jurisdictions

   PART 5--Giving effect to advance care directives

   34.     When things can happen under an advance care directive
   35.     Substitute decision-maker to give effect to advance care directive
   36.     Health practitioners to give effect to advance care directives
   37.     Conscientious objection
   38.     Consent etc taken to be that of person who gave advance care directive
   39.     Consent taken to be withdrawn in certain circumstances

   PART 6--Validity and limitation of liability

   40.     Presumption of validity
   41.     Protection from liability
   42.     Validity of acts etc under revoked or varied advance care directive

   PART 7--Dispute resolution, reviews and appeals

           Division 1--Preliminary

   43.     Interpretation
   44.     Application of Part

           Division 2--Resolution of disputes by Public Advocate

   45.     Resolution of disputes by Public Advocate
   46.     Public Advocate may refer matter to Tribunal
   46A.    Public Advocate may refer question of law to Supreme Court

           Division 3--Resolution of disputes by Tribunal

   47.     Tribunal to give priority to wishes of person who gave advance care directive
   48.     Resolution of disputes by Tribunal
   49.     Tribunal may refer matter to Public Advocate
   50.     Failing to comply with direction of Tribunal
   51.     Orders of Tribunal in relation to substitute decision-makers

           Division 4--Urgent review by Supreme Court of substitute decision-maker's decision

   52.     Urgent review by Supreme Court

           Division 5--Reviews and appeals

   53.     Reviews and appeals

   PART 7A--Special provisions relating to Tribunal

   54.     Tribunal must give notice of proceedings
   54A.    Reasons for decisions
   54B.    Representation of person who is subject of proceedings

   PART 8--Offences

   55.     False or misleading statements
   56.     Fraud, undue influence etc

   PART 9--Miscellaneous

   57.     Giving notice to substitute decision-makers
   58.     Prohibition of publication of reports of proceedings
   59.     Service of documents
   60.     Victimisation
   61.     Confidentiality
   62.     Review of Act
   63.     Regulations
           SCHEDULE 1--Transitional provisions
           Legislative history