South Australia
Advance Care Directives Regulations 2014
under the Advance Care Directives Act 2013

Contents
1	Short title
2	Commencement
3	Interpretation
4	Health practitioners
5	Giving advance care directives
6	Provisions that cannot be included in advance care directives
7	Witnessing advance care directives
8	Appointment of substitute decision-makers
9	Copies of advance care directives
10	Revoking advance care directives
11	Advising the Guardianship Board of wish to revoke advance care directive
12	Interstate advance care directives and corresponding laws
13	Application of Part 7 of Act
14	Resolution of disputes by Public Advocate
15	Referral of matters to Public Advocate
16	Fees
Schedule 1—List of suitable witnesses
Schedule 2—Fees
Legislative history

1—Short title
These regulations may be cited as the Advance Care Directives Regulations 2014.
2—Commencement
These regulations will come into operation on 1 July 2014.
3—Interpretation
In these regulations—
Act means the Advance Care Directives Act 2013.
4—Health practitioners
	(1)	For the purposes of the definition of health practitioner in section 3(1) of the Act, the following professions and practices are declared to be included in the ambit of that definition:
	(a)	the provision of an ambulance service and medical treatment by a member of the staff of SAAS;
	(b)	paramedic.
	(2)	In this regulation—
ambulance service, medical treatment and SAAS have the same meanings as in the Health Care Act 2008.
5—Giving advance care directives
For the purposes of section 11(2)(c) of the Act, a person giving an advance care directive must certify, by completing and signing the relevant part of the advance care directive form, that he or she was given the advance care directive information statement referred to in regulation 7(2) and understood the information contained in the statement.
6—Provisions that cannot be included in advance care directives
For the purposes of the definition of mandatory medical treatment in section 12(4) of the Act, medical treatment of the following kinds are prescribed:
	(a)	medical treatment ordered by a court;
	(b)	medical treatment of a kind contemplated by section 56 or 57 of the Mental Health Act 2009;
	(c)	medical treatment that is the subject of a requirement or direction (however described) of the Chief Public Health Officer under the South Australian Public Health Act 2011.
7—Witnessing advance care directives
	(1)	For the purposes of section 15(1)(a) of the Act, an advance care directive will only be taken to be witnessed in accordance with these regulations if the person giving the advance care directive signed the advance care directive form in the presence of the suitable witness who witnesses the advance care directive.
	(2)	For the purposes of section 15(1)(b)(i) of the Act, a suitable witness must give to the person giving the advance care directive a copy of the advance care directive information statement (and compliance with this requirement will, for the purposes of section 15(1)(b)(ii) of the Act, be taken to constitute an explanation of the legal effects of giving an advance care directive of the kind proposed).
	(3)	For the purposes of the definition of suitable witness in section 15(4) of the Act, a suitable witness must satisfy the following requirements:
	(a)	the suitable witness must be a competent adult;
	(b)	the suitable witness must be a person, or a person of a class, included on the list of suitable witnesses set out in Schedule 1.
	(4)	To avoid doubt, nothing in subregulation (3) affects an advance care directive witnessed by a suitable witness who was competent at the time he or she witnessed the advance care directive, but who later lost competency.
	(5)	In this regulation—
advance care directive information statement means the advance care directive information statement determined by the Minister from time to time for the purposes of this regulation and published in the Gazette.
8—Appointment of substitute decision-makers
	(1)	For the purposes of section 21(3) of the Act, it is a requirement that the substitute decision‑maker must certify, by completing and signing the relevant part of the advance care directive form, that he or she—
	(a)	accepts the appointment as substitute decision‑maker; and
	(b)	has read and understands the guidelines for substitute decision‑makers.
	(2)	In this regulation—
guidelines for substitute decision-makers means the guidelines determined by the Minister from time to time for the purposes of this regulation and published in the Gazette.
9—Copies of advance care directives
	(1)	For the purposes of section 24(2)(a) of the Act, a document may be certified as a true copy of a particular advance care directive by a person, or a person of a class, included on the list of suitable witnesses set out in Schedule 1 signing and certifying the document as a true copy of the advance care directive.
	(2)	For the purposes of section 24(2)(b) of the Act, a scheme determined by the Minister from time to time in respect of making copies of advance care directives available electronically is prescribed.
10—Revoking advance care directives
For the purposes of section 29(2) of the Act, a person who has given an advance care directive may revoke the advance care directive—
	(a)	by giving another advance care directive; or
	(b)	by giving, or causing to be given, a written indication that he or she has revoked the advance care directive.
11—Advising the Guardianship Board of wish to revoke advance care directive
For the purposes of section 31(1) of the Act, a person must advise the Guardianship Board—
	(a)	by notice in writing; or
	(b)	by email or fax; or
	(c)	in such other manner and form as may be determined from time to time by the Guardianship Board.
12—Interstate advance care directives and corresponding laws
	(1)	For the purposes of section 33(1) of the Act, instruments of the following classes are declared to be interstate advance care directives:
	(a)	an enduring power of attorney under the Powers of Attorney Act 2006 of the Australian Capital Territory that is in force;
	(b)	a health direction under the Medical Treatment (Health Directions) Act 2006 of the Australian Capital Territory that is in force;
	(c)	an instrument appointing an enduring guardian under the Guardianship Act 1987 of New South Wales that is in force;
	(d)	a direction under the Natural Death Act 1988 of the Northern Territory that is in force;
	(e)	an enduring power of attorney under the Powers of Attorney Act 1998 of Queensland that is in force;
	(f)	an advance health directive under the Powers of Attorney Act 1998 of Queensland that is in force;
	(g)	an instrument appointing an enduring guardian under the Guardianship and Administration Act 2000 of Tasmania that is in force;
	(h)	an instrument appointing an enduring guardian under the Guardianship and Administration Act 1986 of Victoria that is in force;
	(i)	a refusal of treatment certificate under the Medical Treatment Act 1988 of Victoria that is in force;
	(j)	an enduring power of attorney (medical treatment) under the Medical Treatment Act 1988 of Victoria that is in force;
	(k)	an advance health directive under the Guardianship and Administration Act 1990 of Western Australia that is in force;
	(l)	an enduring power of guardianship under the Guardianship and Administration Act 1990 of Western Australia that is in force;
	(m)	an instrument (however described) corresponding to an advance care directive that is binding under the common law and in force.
Note—
Such instruments are often referred to as a living will.
	(2)	For the purposes of section 33(4) of the Act, the following Acts are declared to be corresponding laws:
	(a)	the Powers of Attorney Act 2006 and the Medical Treatment (Health Directions) Act 2006 of the Australian Capital Territory;
	(b)	the Guardianship Act 1987 of New South Wales;
	(c)	the Natural Death Act 1988 of the Northern Territory;
	(d)	the Powers of Attorney Act 1998 and the Guardianship and Administration Act 2000 of Queensland;
	(e)	the Guardianship and Administration Act 2000 of Tasmania;
	(f)	the Guardianship and Administration Act 1986 and the Medical Treatment Act 1988 of Victoria;
	(g)	the Guardianship and Administration Act 1990 of Western Australia;
	(h)	the common law.
13—Application of Part 7 of Act
For the purposes of section 44 of the Act, a matter related to the residential and accommodation arrangements and personal affairs of a person who has given an advance care directive is specified.
14—Resolution of disputes by Public Advocate
	(1)	For the purposes of section 45 of the Act, and despite section 23 of the Guardianship and Administration Act 1993, the Public Advocate may only delegate a function or power under that section relating to mediation to a person if the Public Advocate is satisfied that the person has suitable qualifications and expertise in mediation.
	(2)	A mediator to whom the Public Advocate has delegated a function or power under section 45 of the Act has, for the purposes of that section, the same privileges and immunities as a member of the Guardianship Board under the Guardianship and Administration Act 1993.
15—Referral of matters to Public Advocate
For the purposes of section 49 of the Act, the Guardianship Board may not refer a matter to the Public Advocate if the matter has already been the subject of mediation under section 45 of the Act.
16—Fees
The fees payable for the purposes of the Act are as prescribed in Schedule 2.

Schedule 1—List of suitable witnesses
The following persons, or classes of persons, are suitable witnesses:
	(a)	agents of the Australian Postal Corporation in charge of an office supplying postal services to the public;
	(b)	Australian Consular Officers or Australian Diplomatic Officers within the meaning of the Consular Fees Act 1955 of the Commonwealth;
	(c)	bailiffs;
	(d)	bank officers with 5 or more continuous years of service;
	(e)	building society officers with 5 or more years of continuous service;
	(f)	chief executive officers of Commonwealth courts;
	(g)	clerks of courts;
	(h)	commissioners for taking affidavits;
	(i)	commissioners for declarations;
	(j)	credit union officers with 5 or more years of continuous service;
	(k)	employees of the Australian Trade Commission who are—
	(i)	in a country or place outside Australia; and
	(ii)	authorised under paragraph 3(d) of the Consular Fees Act 1955 of the Commonwealth; and
	(iii)	exercising his or her function in that place;
	(l)	employees of the Commonwealth who are—
	(i)	in a country or place outside Australia; and
	(ii)	authorised under paragraph 3(c) of the Consular Fees Act 1955 of the Commonwealth; and
	(iii)	exercising his or her function in that place;
	(m)	fellows of the National Tax Accountants' Association;
	(n)	health practitioners;
	(o)	finance company officers with 5 or more years of continuous service;
	(p)	holders of a statutory office not specified in another item in this list;
	(q)	Judges of courts;
	(r)	Justices of the Peace;
	(s)	Magistrates;
	(t)	marriage celebrants registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 of the Commonwealth;
	(u)	Masters of court;
	(v)	members of Chartered Secretaries Australia;
	(w)	members of Engineers Australia, other than at the grade of student;
	(x)	members of the Association of Taxation and Management Accountants;
	(y)	members of the Australasian Institute of Mining and Metallurgy;
	(z)	a member of the Australian Defence Force who is—
	(i)	an officer; or
	(ii)	a non‑commissioned officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth with 5 or more years of continuous service; or
	(iii)	a warrant officer within the meaning of that Act;
	(za)	members of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants;
	(zb)	Members of—
	(i)	the Parliament of the Commonwealth; or
	(ii)	the Parliament of a State; or
	(iii)	a Territory legislature; or
	(iv)	a local government authority of a State or Territory;
	(zc)	ministers of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 of the Commonwealth;
	(zd)	notary public;
	(ze)	patent attorneys or trade marks attorneys;
	(zf)	permanent employees of the Australian Postal Corporation with 5 or more years of continuous service who are employed in an office supplying postal services to the public;
	(zg)	permanent employees of—
	(i)	the Commonwealth or a Commonwealth authority; or
	(ii)	a State or Territory or a State or Territory authority; or
	(iii)	a local government authority,
with 5 or more years of continuous service who are not specified in another item in this list;
	(zh)	persons enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described);
	(zi)	persons before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made;
	(zj)	police officers;
	(zk)	Registrars, or Deputy Registrars, of a court;
	(zl)	Senior Executive Service employees of—
	(i)	the Commonwealth or a Commonwealth authority; or
	(ii)	a State or Territory or a State or Territory authority;
	(zm)	sheriffs;
	(zn)	sheriff's officers;
	(zo)	teachers employed on a full‑time basis at a school or tertiary education institution;
	(zp)	veterinary surgeons.

Schedule 2—Fees

Description of fee	Fee	
Application under section 45 of the Act	nil	
Application under section 48 of the Act	nil	
Application under section 51 of the Act	nil	

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations
Year	No	Reference	Commencement	
2014	77	Gazette 12.6.2014 p2491	1.7.2014: r 2