Advance Care Directives Act 2013 (No. 12) Receives Assent in South Australia
Monday 22 April 2013 @ 12.13 p.m. | Legal Research
The Advance Care Directives Act 2013 (No. 12) (SA) received assent on 18 April 2013. The Act is underpinned by a set of overarching principles that apply in the administration, operation, and enforcement of the legislation, including in the resolution of disputes. The principles apply to all parties including substitute decision-makers, health practitioners and others who may be making decisions under or in relation to an Advance Care Directive.
The Act aims:
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to enable a person to make decisions and give directions in relation to their future health care, residential and accommodation arrangements and personal affairs;
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to provide for the appointment of substitute decision makers to make such decisions on behalf of the person;
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to ensure that health care is delivered to the person in a manner consistent with their wishes and instructions;
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to facilitate the resolution of disputes relating to advance care directives;
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to provide protections for health practitioners and other persons giving effect to an advance care directive; and
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to make related amendments to other healthcare acts
Under the Act, an Advance Care Directive does not have to be legally or medically informed to be valid, merely that they understand the implications of their direction. An Advance Care Directive Do-it-yourself Kit will be developed to support people in making an Advance Care Directive.
Health practitioners are also afforded protections from criminal and civil liability for acting on a valid Advance Care Directive in good faith and without negligence. A relevant provision in an Advance Care Directive, applicable to a particular circumstance, is as effective as if it was the consent/refusal of the person themselves at the present time.
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