South Australian Current Acts South Australian Current ActsIn this Act, unless the contrary intention appears—
"administration request" means a request made under section 81 for the
administration of a voluntary assisted dying substance;
"approved assessment training" means training approved by the Minister under
section 13;
"Australian Health Practitioner Regulation Agency" means the Australian Health
Practitioner Regulation Agency established under the Health Practitioner
Regulation National Law ;
"Chief Executive" means the Chief Executive of the administrative unit of the
Public Service that is responsible for assisting a Minister in the
administration of the Health Care Act 2008 ;
"consulting assessment" means an assessment of a person conducted in
accordance with Part 4 Division 4 by a consulting medical
practitioner for the person;
"consulting assessment report form" means the consulting assessment report
form prescribed by the regulations, completed under section 48;
"consulting medical practitioner" for a person means a registered medical
practitioner who accepts a referral to conduct a consulting assessment of the
person;
"contact person" means a person appointed under section 57;
"contact person appointment form" means the contact person appointment form
prescribed by the regulations, completed under section 58;
"controlled substance" has the same meaning as in the
Controlled Substances Act 1984 ;
"coordinating medical practitioner" for a person means a person who is—
(a) a
registered medical practitioner who accepts the person's first request; or
(b) a
consulting medical practitioner for the person who accepts a transfer of the
role of coordinating medical practitioner under section 51;
"coordinating medical practitioner administration form" means the coordinating
medical practitioner administration form prescribed by the regulations,
completed by a witness under section 82 and a coordinating medical
practitioner under section 83;
"decision-making capacity"—see section 4;
"de-identified", in relation to personal information or health information,
means personal information or health information that no longer relates to an
identifiable individual or an individual who can be reasonably identified;
"dispensing pharmacy" means the pharmacy, pharmacy business or pharmacy
department from which a pharmacist sold or supplied a voluntary assisted dying
substance;
"domestic partner" has the same meaning as in the Family Relationships
Act 1975 (whether or not a declaration of the relationship has been made
under that Act) but does not, in the case of persons in a close personal
relationship within the meaning of Part 3 of that Act, include a person
who provides domestic support and personal care to the person—
(a) for
fee or reward; or
(b) on
behalf of another person or an organisation (including a government, a
government agency, a body corporate or a charitable or benevolent
organisation);
"drug of dependence" has the same meaning as in the
Controlled Substances Act 1984 ;
"eligibility criteria" means the criteria set out in section 26;
"family member" of a person means the person's spouse or domestic partner,
parent, sibling, child or grandchild;
"final request" means a request for access to voluntary assisted dying made
under section 55 by a person to the coordinating medical practitioner for
the person;
"final review" means a review conducted under section 59 by the
coordinating medical practitioner for the person;
"final review form" means the final review form prescribed by the regulations,
completed under section 59;
"first assessment" means an assessment of a person conducted in accordance
with Part 4 Division 3 by the coordinating medical practitioner for
the person;
"first assessment report form" means the first assessment report form
prescribed by the regulations, completed under section 39;
"first request" means a request for access to voluntary assisted dying made
under section 29 by a person to a registered medical practitioner;
"prescribed health facility" means—
(a) an
incorporated or private hospital within the meaning of the
Health Care Act 2008 ; or
(b) a
residential care service or aged care service; or
(c) a
supported residential facility under the Supported Residential Facilities
Act 1992 ; or
(d) a
treatment centre within the meaning of the Mental Health Act 2009 ; or
(e) any
other facility of a kind prescribed by the regulations;
"health information" means—
(a)
personal information relating to—
(i)
the physical, mental or psychological health (at any
time) of a person; or
(ii)
a disability (at any time) of a person; or
(iii)
a person's expressed wishes about the future provision of
health services to the person; or
(iv)
a health service provided, or to be provided, to a
person; or
(b)
personal information collected to provide, or in providing, a health service;
or
(c)
personal information about a person collected in connection with the donation,
or intended donation, by the person of body parts, organs or body substances;
or
(d)
personal information that is genetic information about a person in a form
which is or could be predictive of the health (at any time) of the person or
of any of their descendants,
but does not include health information, or a class of health information or
health information contained in a class of documents, of a kind prescribed by
the regulations;
"health service" has the same meaning as in the Health Practitioner Regulation
National Law ;
"identifying information" means health information or personal information
about a person whose identity is apparent, or can reasonably be ascertained,
from that information;
"ineligible witness"—see section 53(2);
"interpreter"—see section 7;
"labeling statement" means a statement attached to a container as required by
section 76(1);
"mental illness" has the same meaning as in the Mental Health Act 2009 ;
"palliative care" has the same meaning as in the Consent to Medical Treatment
and Palliative Care Act 1995 ;
"personal information" means information or an opinion, including information
or an opinion forming part of a database, whether true or not, and whether
recorded in a material form or not, about an individual whose identity is
apparent, or can reasonably be ascertained, from the information or opinion;
"pharmacist" means a person registered under the Health Practitioner
Regulation National Law to practise in the pharmacy profession (other than as
a student);
"pharmacy" has the same meaning as in the Health Practitioner Regulation
National Law (South Australia) Act 2010 ;
"pharmacy business" has the same meaning as in the Health Practitioner
Regulation National Law (South Australia) Act 2010 ;
"pharmacy department" means the part of the premises of a health service set
aside for supplying, compounding or dispensing medicines on order or
prescription to patients and staff of the health service;
"poison" has the same meaning as in the Controlled Substances Act 1984 ;
"practitioner administration permit" means a permit issued under
section 67(2)(a)(ii);
"professional care services" means any of the following provided to another
person under a contract of employment or a contract for services:
(a)
support or assistance;
(b)
special or personal care;
(c)
disability services;
(d)
services provided by a registered NDIS provider within the meaning of the
National Disability Insurance Scheme Act 2013 of the Commonwealth;
"psychiatrist" means a person who is registered under the Health Practitioner
Regulation National Law as a medical practitioner in the speciality of
psychiatry (other than as a student);
"registered health practitioner" means a person registered under the Health
Practitioner Regulation National Law to practise a health profession (other
than as a student);
"Registrar" means the Registrar of Births, Deaths and Marriages under the
Births, Deaths and Marriages Registration Act 1996 ;
"request and assessment process" means, in respect of a person, the making or
the conducting of the following under Part 4:
(a) a
first request;
(b) a
first assessment;
(c) a
consulting assessment;
(d) a
written declaration;
(e) a
final request;
(f) a
contact person appointment;
(g) a
final review;
"self administration permit" means a permit issued under
section 67(2)(a)(i);
"special or personal care" means—
(a)
assistance with 1 or more of the following:
(i)
bathing, showering or personal hygiene;
(ii)
toileting;
(iii)
dressing or undressing;
(iv)
meals; or
(b)
assistance for persons with mobility problems; or
(c)
assistance for persons who are mobile but require some form of supervision or
assistance; or
(d)
assistance or supervision in administering medicine; or
(e) the
provision of substantial emotional support;
"supply" has the same meaning as in the Controlled Substances Act 1984 ;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"Uniform Poisons Standard" means the current Poisons Standard as defined in
the Therapeutic Goods Act 1989 of the Commonwealth (as in force from time
to time);
"vocationally registered general practitioner" has the same meaning as in the
Health Insurance Act 1973 of the Commonwealth;
"voluntary assisted dying" means the administration of a voluntary assisted
dying substance and includes steps reasonably related to such administration;
"voluntary assisted dying permit" means—
(a) a
self administration permit; or
(b) a
practitioner administration permit;
"Voluntary Assisted Dying Review Board" or "Board" means the Voluntary
Assisted Dying Review Board established under section 107;
"voluntary assisted dying substance" means a poison or controlled substance or
a drug of dependence specified in a voluntary assisted dying permit for the
purpose of causing a person's death;
"voluntary assisted dying substance dispensing form" means the voluntary
assisted dying substance dispensing form prescribed by the regulations,
completed by a pharmacist under section 77;
"voluntary assisted dying substance disposal form" means the voluntary
assisted dying substance disposal form prescribed by the regulations,
completed by a pharmacist under section 80;
"written declaration" means a declaration made under section 52 in the
form prescribed by the regulations.