Advance Care Directives Bill 2012

The Advance Care Directives Bill 2012 was introduced into the South Australian Parliament on 17 October 2012.

The Bill, Minister’s second reading speech and Explanatory Guide can be found here.

The purpose of the bill

The purpose of the Bill is to simplify advance decision-making by replacing the current Enduring Power of Guardianship, Medical Power of Attorney and Anticipatory Direction with one Advance Care Directive for health care, residential, accommodation and personal matters.

The Bill allows competent adults to:

• Write down their instructions, wishes and preferences for future health care, residential, accommodation and personal matters and/or
• Appoint one or more Substitute Decision-Makers to make decisions on their behalf.
  The Advance Care Directive would apply to any period of impaired decision-making capacity or as determined by the person.

In broad terms the Bill:

• has been informed by extensive consultation undertaken during the Advance Directives Review and the development of the National Framework for Advance Care Directives
• takes a broad view of health and well-being and is not restricted to medical treatment decisions at the end of life
• includes protections for health practitioners, substitute decision-makers and others who give effect to Advance Care Directives in good faith and without negligence
• sets out clear processes for dispute resolution. Additional powers have been given to the Office of the Public Advocate to conduct voluntary mediation and to the Guardianship Board to hear disputes, review mediation outcomes, and give orders and directions to resolve matters and
• moves from the Guardianship and Administration Act 1993 to the Consent to Medical Treatment and Palliative Care Act 1995 provisions setting out, in the absence of an Advance Care Directive, who can consent to health care for a person with impaired decision-making capacity.  Amendments to the Consent Act also include a similar dispute resolution process to that for disputes in relation to Advance Care Directives.

Explanatory guide

The Advance Care Directives Bill 2012 and Related Amendments Explanatory Guide (PDF 165KB) provides an explanation of the individual Parts within the Advance Care Directives Bill 2012. This document should be read in conjunction with the Bill and second reading speech.

Note: I have published this directly from the SA Health website today; I was alerted to it via a Facebook friend, and although I shared it there, many of you may not be on Facebook, and might find it of interest.