Advance Care Directives (Review) Amendment Bill 2021

We are seeking your feedback on the draft Advanced Care Directives (Review) Amendment Bill 2021.

What's being decided?

Advance Care Directives are essential for empowering South Australians to record their values and wishes and make clear legal arrangements for their future health care. The rules that govern Advanced Care Directives are written in the Advance Care Directives Act 2013 (the Act). 

We are in the process of preparing a Bill to amend the Act -– what will be the Advance Care Directives (Review) Amendment Bill 2021 (draft Bill), and we want to hear what you think.

A Discussion Paper has been developed to help you understand and provide feedback on the changes proposed in the draft Bill.

You can have your say about the draft Bill, which aims to amend the Act to:

• make copies of Advance Care Directives available to health care professionals electronically
• make it clearer that other acts and laws still apply
• make it clear there is no limit on the number of substitute decision-makers that can be appointed
• include provisions for listing substitute decision-makers in order of precedence
• clarify what should happen when a person with an Advance Care Directive comprising refusal of health care attempts suicide or self-harm
• impose clearer requirements on interpreters
• strengthen how adults who are vulnerable to abuse are protected by the Public Advocate during the resolution of disputes.

You can also have your say about other proposed changes to Advance Care Directives, including:

• how people with limited or impaired decision-making capacity can record their wishes for future health care
• whether digital or electronic signatures should be permitted; and
• limiting the groups of people who can witness an Advance Care Directive.

Background

We are committed to progressing regulatory reform that will better support all South Australians in planning ahead for their future healthcare.

Sickness and injury can strike at any time, which may severely reduce or remove an individual’s ability to make their own decisions. An Advance Care Directive makes it easy for others to know what your health care wishes are when you are unable to make these decisions yourself.

The Act was reviewed in 2019, and a number of changes were recommended to improve Advanced Care Directives. We are in the process of amending this legislation, through the draft Bill, and we want to hear what you think.

Get involved

Find out more by reading the:

• draft Bill
• Discussion Paper

Have your say by:

• completing the online survey
• ask a question
• attending a webinar consultation session 
• emailing your feedback to Health.AdvanceCarePlanning@sa.gov.au
• posting your feedback to:
  
  Health Services Programs
  PO Box 287 Rundle Mall
  ADELAIDE SA 5000

What are the next steps?

We will consider your feedback to finalise the draft Bill. The Government will consider the timeframes around the introduction of the Bill into Parliament following the outcome of the consultation process. The Bill, as tabled in the House of Assembly on 18 November 2021, is available in the document section on this page.

While changes are being made to the Act, existing Advance Care Directives remain valid, as does older documentation such as Enduring Powers of Guardianship, Medical Powers of Attorney and Anticipatory Directions.