South Australian Legislation
South Australia Consent to Medical Treatment and Palliative Care Act 1995 An Act to deal with consent to medical treatment; to regulate medical practice so far as it affects the care of people who are dying; and for other purposes.
Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 4A References to provision of medical treatment etc to include withdrawal etc of medical treatment 4B Consent not required for withdrawal etc of medical treatment 4C Interaction with Voluntary Assisted Dying Act Part 2—Consent to medical treatment generally Division 1—Consent generally 6 Legal competence to consent to medical treatment Division 4—Medical treatment of children 12 Administration of medical treatment to a child Division 5—Emergency medical treatment 13 Emergency medical treatment Part 2A—Consent to medical treatment if person has impaired decision‑making capacity 14 Interpretation 14A Application of Part 14B Consent of person responsible for patient effective in certain circumstances 14C Person responsible for patient to make substituted decision 14D Person must not give consent unless authorised to do so Part 3—Provisions governing medical practice Division 1—Medical practice generally 15 Medical practitioner's duty to explain 16 Protection for medical practitioners etc Division 2—The care of people who are dying 17 The care of people who are dying 18 Saving provision Part 3A—Dispute resolution, reviews and appeals Division 1—Preliminary 18A Interpretation 18B Application of Part Division 2—Resolution of disputes by Public Advocate 18C Resolution of disputes by Public Advocate 18D Public Advocate may refer matter to Tribunal 18DA Public Advocate may refer question of law to Supreme Court Division 3—Resolution of disputes by Tribunal 18E Resolution of disputes by Tribunal 18F Tribunal may refer matter to Public Advocate 18G Failing to comply with direction of Tribunal Division 4—Reviews and appeals 18H Reviews and appeals Part 3B—Special provisions relating to Tribunal 18I Tribunal must give notice of proceedings 18J Reasons for decisions 18K Representation of person who is subject of proceedings Part 4—Regulations 19 Regulations Schedule 3—Transitional provisions 2 Transitional provisions Legislative history
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