Consultation on the draft Advance Care Directives (Review) Amendment Bill 2021

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 law, in the Advance Care Directives Act 2013.

The Advance Care Directives Act 2013 was reviewed in 2019, and a number of changes were recommended to improve Advanced Care Directives.

We are in the process of preparing a Bill to amend the Act  what will be the Advance Care Directives (Review) Amendment Bill 2021 (PDF 215KB)  and we want to hear what you think.

You can have your say about the draft Advance Care Directives (Review) Amendment Bill 2021 (PDF 215KB), which aims to amend the Advance Care Directives Act 2013 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
  • limiting the group of people who can witness an Advance Care Directive.

A Discussion Paper (PDF 356KB) has been developed to help you understand and provide feedback on the changes proposed in the draft Advanced Care Directives (Review) Amendment Bill 2021 (PDF 215KB).

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.

You are invited to provide feedback on the draft Bill. You can provide your feedback by:

  • Completing the survey at YourSAy
  • Emailing your feedback to Health.AdvanceCarePlanning@sa.gov.au
  • Posting written feedback to:
    Health Services Programs
    PO Box 287 Rundle Mall
    Adelaide SA 5000
  • Attending a webinar consultation session (details at YourSAy).

The consultation will be open until COB on 3 August 2021.