South Australian Current Acts

ADVANCE CARE DIRECTIVES ACT 2013 - SECT 15

15—Requirements for witnessing advance care directives

        (1)         An advance care directive will only be taken to have been witnessed in accordance with this Act if—

            (a)         the advance care directive form is witnessed by a suitable witness in accordance with the regulations; and

            (b)         the suitable witness completes the appropriate parts of the advance care directive form certifying that—

                  (i)         the suitable witness gave to the person giving the advance care directive any information required by the regulations for the purposes of this section; and

                  (ii)         the suitable witness explained to the person giving the advance care directive the legal effects of giving an advance care directive of the kind proposed; and

                  (iii)         in their opinion, the person giving the advance care directive appeared to understand the information and explanation given to them by the suitable witness under this paragraph; and

                  (iv)         in their opinion, the person giving the advance care directive did not appear to be acting under any form of duress or coercion; and

            (c)         any other requirements set out in the regulations in relation to the witnessing of advance care directives have been complied with.

        (2)         However, a person cannot be a suitable witness in relation to a particular advance care directive—

            (a)         if the person is appointed under the advance care directive as a substitute decision-maker; or

            (b)         if 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)         if 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)         if 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; or

            (e)         in any other circumstances set out in the regulations in which a person cannot be a suitable witness in relation to a particular advance care directive.

        (3)         For the purposes of this section, a reference to duress or coercion in relation to a person giving an advance care directive includes a reference to duress or coercion due solely to a perception or mistake on the part of the person.

        (4)         In this section—

"suitable witness" means a person, or a class of persons, who satisfies any requirements prescribed by the regulations for the purposes of this definition.