South Australian Current Acts South Australian Current Acts (1) This section
applies if—
(a) the
person has undergone a first assessment; and
(b) the
person or the person's agent advises the relevant entity that the person
wishes to undergo a consulting assessment; and
(c) the
entity does not provide, to persons to whom relevant services are provided at
the facility, access to the request and assessment process at the facility.
(2) If the person is a
permanent resident at the facility—
(a) the
relevant entity and any other entity that owns or occupies the facility must
allow reasonable access to the person at the facility by a
relevant practitioner for the person to assess the person; and
(b) if a
relevant practitioner is not available to attend—the relevant entity
must take reasonable steps to facilitate the transfer of the person to and
from a place where the person's assessment may be carried out by—
(i)
the relevant practitioner; or
(ii)
another medical practitioner who is eligible and willing
to act as a relevant practitioner.
(3) If the person is
not a permanent resident at the facility—
(a) the
relevant entity must take reasonable steps to facilitate the transfer of the
person to and from a place where the person's assessment may be carried out by
a relevant practitioner for the person; or
(b) if,
in the opinion of the deciding practitioner, transfer of the person as
described in paragraph (a) would not be reasonable in the circumstances,
the entity and any other entity that owns or occupies the facility must allow
reasonable access to the person at the facility by a relevant practitioner for
the person.
(4) In making a
decision referred to in subsection (3)(b), the deciding practitioner must
have regard to the following:
(a)
whether the transfer would be likely to cause serious harm to the person;
(b)
whether the transfer would be likely to adversely affect the person's access
to voluntary assisted dying;
(c)
whether the transfer would cause undue delay and prolonged suffering in
accessing voluntary assisted dying;
(d)
whether the place to which the person is proposed to be transferred is
available to receive the person;
(e)
whether the person would incur financial loss or costs because of the
transfer.
(5) In this
section—
"relevant practitioner" for a person, means—
(a) the
consulting medical practitioner for the person; or
(b) a
registered health practitioner to whom the consulting medical practitioner for
the person has referred a matter under section 45.