Advance Care Directives (Review) Amendment Bill 2023 (SA)

South Australia Advance Care Directives (Review) Amendment Bill 2022 A Bill For An Act to amend the Advance Care Directives Act 2013.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Advance Care Directives Act 2013 3 Insertion of section 5A 5A References to advance care directive to include certain digital copies 4 Insertion of section 8A 8A Interaction with other Acts and laws 5 Amendment of section 14—Giving advance care directives where English not first language 6 Amendment of section 21—Requirements in relation to appointment of substitute decision‑makers 7 Substitution of section 22 22 Substitute decision‑makers empowered separately and together etc 8 Amendment of section 24—Exercise of powers by substitute decision‑maker 9 Amendment of section 45—Resolution of disputes by Public Advocate Schedule 1—Statute law revision of Advance Care Directives Act 2013

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Advance Care Directives (Review) Amendment Act 2022. 2—Commencement This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Advance Care Directives Act 2013 3—Insertion of section 5A After section 5 insert: 5A—References to advance care directive to include certain digital copies Except where the contrary intention appears, a reference in this Act to an advance care directive (being an advance care directive form that has been completed and witnessed in accordance with this Act and by which a person has given an advance care directive) will be taken to include an electronic copy of the advance care directive of a kind prescribed by, or prepared in accordance with, the regulations. 4—Insertion of section 8A After section 8 insert: 8A—Interaction with other Acts and laws (1) This Act is in addition to, and does not derogate from, any other Act or law. (2) To avoid doubt, a direction (however described) given by a person under another Act or law is not an advance care directive for the purposes of this or any other Act. 5—Amendment of section 14—Giving advance care directives where English not first language (1) Section 14(1)(a)—delete "relation to a language in which the person is fluent (the interpreter)" and substitute: accordance with this section (2) Section 14(1)(b)—delete "the interpreter" and substitute: an interpreter in accordance with this section (3) Section 14(2)—delete subsection (2) and substitute: (2) For the purposes of this Act, an interpreter who assists a person to give an advance care directive— (a) must be 18 or more years of age; and (b) must not have impaired decision‑making capacity in relation to a decision that is reasonably likely to be made in the course of such interpretation; and (c) must comply with any other requirements set out in the regulations for the purposes of this paragraph. (3) However, a person cannot be an interpreter in relation to a particular advance care directive if— (a) the person is appointed under the advance care directive as a substitute decision‑maker; or (b) the person has a direct or indirect interest in the estate of the person giving the advance care directive (whether as a beneficiary of the person's will or otherwise); or (c) the person is a health practitioner who is responsible (whether solely or with others) for the health care of the person giving the advance care directive; or (d) the person occupies a position of authority in a hospital, hospice, nursing home or other facility at which the person giving the advance care directive resides. (4) To avoid doubt, a person who is a suitable witness in relation to a particular advance care directive (being a person who is not prevented by subsection (2) or (3) from being an interpreter in relation to the advance care directive) may act as an interpreter under this section. (5) To avoid doubt, nothing in subsection (2) or (3) affects the validity of an advance care directive given before the commencement of those subsections. 6—Amendment of section 21—Requirements in relation to appointment of substitute decision‑makers Section 21(1)—delete "1 or more adults to be substitute decision‑makers in respect of the advance care directive" and substitute: such number of adults to be substitute decision‑makers in respect of the advance care directive as the person thinks fit 7—Substitution of section 22 Section 22—delete the section and substitute: 22—Substitute decision‑makers empowered separately and together etc (1) A person giving an advance care directive may, in relation to the appointment of substitute decision‑makers in respect of the advance care directive, impose such conditions on the exercise of powers or making of decisions by the substitute decision‑makers as the person thinks fit, including (without limiting this subsection) by— (a) appointing the substitute decision‑makers in order of precedence; or (b) limiting specified powers or decisions that may be exercised or made under the advance care directive to a specified substitute decision‑maker or substitute decision‑makers; or (c) appointing substitute decision‑makers as alternative substitute decision‑makers and limiting their powers to where a specified substitute decision‑maker or substitute decision‑makers are not available. (2) Subject to this Act and to any provision of an advance care directive to the contrary, if a person giving an advance care directive appoints more than 1 substitute decision‑maker in respect of the advance care directive, the substitute decision‑makers are empowered separately and together to make decisions under the advance care directive. 8—Amendment of section 24—Exercise of powers by substitute decision‑maker Section 24(2)—delete subsection (2) and substitute: (2) For the purposes of this Act, a requirement that a substitute decision‑maker produce an advance care directive will be taken to be satisfied if— (a) the substitute decision‑maker produces a document that has been certified, in accordance with the regulations, as a true copy of the advance care directive; or (b) the substitute decision‑maker makes available a copy of the advance care directive in accordance with a scheme set out in the regulations in respect of electronic access to, or provision of, copies of advance care directives; or (c) the health practitioner to whom the advance care directive is to be produced accesses an electronic copy of the advance care directive in accordance with any requirements set out in the regulations. 9—Amendment of section 45—Resolution of disputes by Public Advocate (1) Section 45(3)—after "may" insert: refuse to determine an application under this section, or (2) Section 45(5), (6) and (7)—delete subsections (5), (6) and (7) (3) Section 45(13)—delete "mediations under this section" and substitute: the operation of this section