South Australian Current Acts South Australian Current Acts24—Exercise of powers by substitute decision-maker
(1) Without limiting
any other provision of this Act, a substitute decision-maker may only make a
decision under an advance care directive if—
(a) the
substitute decision-maker produces the advance care directive at the request
of a health practitioner who is to provide health care in accordance with the
decision; and
(b) the
substitute decision-maker is not prevented under this or any other Act or law
from acting under the advance care directive; and
(c) the
substitute decision-maker is competent at the time the decision is made.
(2) For the purposes
of this Act, a requirement that a substitute decision-maker produce an
advance care directive will be taken to be satisfied if—
(a) the
substitute decision-maker produces a document that has been certified, in
accordance with the regulations, as a true copy of the advance care directive;
or
(b) the
substitute decision-maker makes available a copy of the advance care directive
in accordance with a scheme set out in the regulations in respect of
electronic access to, or provision of, copies of advance care directives; or
(c) the
health practitioner to whom the advance care directive is to be produced
accesses an electronic copy of the advance care directive in accordance with
any requirements set out in the regulations.