South Australian Current Acts South Australian Current ActsThe following principles must be taken into account in connection with the
administration, operation and enforcement of this Act (including, to avoid
doubt, the resolution of disputes under Part 7):
(a) an
advance care directive enables a competent adult to make decisions about their
future health care, residential and accommodation arrangements and personal
affairs either by stating their own wishes and instructions or through
1 or more substitute decision-makers;
(b) a
competent adult can decide what constitutes quality of life and can express
that in advance in an advance care directive;
(c) a
person is, in the absence of evidence or a law of the State to the contrary,
to be presumed to have full decision-making capacity in respect of decisions
about their health care, residential and accommodation arrangements and
personal affairs;
(d) a
person must be allowed to make their own decisions about their health care,
residential and accommodation arrangements and personal affairs to the extent
that they are able, and be supported to enable them to make such decisions for
as long as they can;
(e) a
person can exercise their autonomy by making self-determined decisions,
delegating decision making to others, making collaborative decisions within a
family or community, or a combination of any of these, according to a person's
culture, background, history, spiritual or religious beliefs;
(f)
subject to this Act, an advance care directive, and each substitute
decision-maker appointed under an advance care directive, has the same
authority as the person who gave the advance care directive had when the
person had full decision-making capacity;
(g) a
decision made by a person on behalf of another in accordance with this
Act—
(i)
must, as far as is reasonably practicable, reflect the
decision that the person would have made in the circumstances; and
(ii)
must, in the absence of any specific instructions or
expressed views of the person, be consistent with the proper care of the
person and the protection of their interests; and
(iii)
must not, as far as is reasonably practicable, restrict
the basic rights and freedoms of the person;
(h) in
the event of a dispute arising in relation to an advance care directive, the
wishes (whether expressed or implied) of the person who gave the
advance care directive are of paramount importance and should, insofar as is
reasonably practicable, be given effect;
(i)
subject to this Act, in determining the wishes of a
person who gave an advance care directive in relation to a particular matter,
consideration may be given to—
(i)
any past wishes expressed by the person in relation to
the matter; and
(ii)
the person's values as displayed or expressed during the
whole or any part of their life; and
(iii)
any other matter that is relevant in determining the
wishes of the person in relation to the matter.