South Australian Current Acts South Australian Current Acts14—Giving advance care directives where English not first language
(1) The following
provisions apply where a person for whom English is not their first language
wishes to give an advance care directive:
(a) the
advance care directive may be given with the assistance of an interpreter in
accordance with this section;
(b) any
information required under this Act to be given to the person in relation to
the advance care directive must be given to the person through an interpreter
in accordance with this section;
(c) the
advance care directive form must be completed in English;
(d) the
interpreter must complete the relevant section of the
advance care directive form certifying that—
(i)
in their opinion, any information required under this Act
to be given to the person giving the advance care directive was given to, and
appeared to be understood by, the person; and
(ii)
the information recorded in the
advance care directive form accurately reproduces in English the original
information and instructions of the person provided in the course of giving
the advance care directive;
(e) if
an advance care directive form is completed in accordance with this section,
the advance care directive will, for the purposes of this Act, be taken to
have been given by the person.
(2) For the purposes
of this Act, an interpreter who assists a person to give an advance
care directive—
(a) must
be 18 or more years of age; and
(b) must
not have impaired decision-making capacity in relation to a decision that is
reasonably likely to be made in the course of such interpretation; and
(c) must
comply with any other requirements set out in the regulations for the purposes
of this paragraph.
(3) However, a person
cannot be an interpreter in relation to a particular advance care directive
if—
(a) the
person is appointed under the advance care directive as a
substitute decision-maker; or
(b) the
person has a direct or indirect interest in the estate of the person giving
the advance care directive (whether as a beneficiary of the person's will or
otherwise); or
(c) the
person is a health practitioner who is responsible (whether solely or with
others) for the health care of the person giving the advance care directive;
or
(d) the
person occupies a position of authority in a hospital, hospice, nursing home
or other facility at which the person giving the advance care directive
resides.
(4) To avoid doubt, a
person who is a suitable witness in relation to a particular
advance care directive (being a person who is not prevented by
subsection (2) or (3) from being an interpreter in relation to the
advance care directive) may act as an interpreter under this section.
(5) To avoid doubt,
nothing in subsection (2) or (3) affects the validity of an
advance care directive given before the commencement of those subsections.