{"id":"advance-care-directives-regulations-2014","name":"Advance Care Directives Regulations 2014","slug":"advance-care-directives-regulations-2014","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235198,"registerId":"sa-advance-care-directives-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Advance Care Directives Regulations 2014","content":"South Australia\nAdvance Care Directives Regulations 2014\nunder the Advance Care Directives Act 2013\n\nContents\n1\tShort title\n3\tInterpretation\n4\tHealth practitioners\n4A\tElectronic copies of advance care directives\n5\tGiving advance care directives\n6\tProvisions that cannot be included in advance care directives\n7\tWitnessing advance care directives\n8\tAppointment of substitute decision-makers\n9\tCopies of advance care directives\n10\tRevoking advance care directives\n11\tAdvising Tribunal of wish to revoke advance care directive\n12\tInterstate advance care directives and corresponding laws\n12A\tExemption from requirement to give effect to advance care directives where suicide attempt or self‑harm\n13\tApplication of Part 7 of Act\n14\tResolution of disputes by Public Advocate\n15\tReferral of matters to Tribunal or Public Advocate\n16\tFees\nSchedule 1—List of suitable witnesses\nSchedule 2—Fees\nSchedule 3—Further transitional provisions\n1\tFurther transitional provisions relating to appointment of enduring guardians\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Advance Care Directives Regulations 2014.\n3—Interpretation\nIn these regulations—\nAct means the Advance Care Directives Act 2013.\n4—Health practitioners\n\t(1)\tFor 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:\n\t(a)\tthe provision of an ambulance service and medical treatment by a member of the staff of SAAS or other person or body authorised to provide ambulance services under the Health Care Act 2008;\n\t(b)\tparamedic.\n\t(2)\tIn this regulation—\nambulance service, medical treatment and SAAS have the same meanings as in the Health Care Act 2008.\n4A—Electronic copies of advance care directives\nFor the purposes of section 5A of the Act, electronic copies of an advance care directive of the following kinds are prescribed:\n\t(a)\tan electronic copy entered on the My Health Record system;\n\t(b)\tan electronic copy entered on the Sunrise EMR system;\n\t(c)\tan electronic copy entered on an electronic record system approved by the Chief Executive,\nin each case being an electronic copy that was, prior to being entered on the relevant system, 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.\n5—Giving advance care directives\n\t(1)\tFor 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.\n\t(2)\tWithout limiting the ways in which a certification may be made, or a part of an advance care directive completed or signed, under subregulation (1), a person giving an advance care directive may do so by electronic means.\n6—Provisions that cannot be included in advance care directives\nFor the purposes of the definition of mandatory medical treatment in section 12(4) of the Act, medical treatment of the following kinds are prescribed:\n\t(a)\tmedical treatment ordered by a court;\n\t(b)\tmedical treatment of a kind contemplated by section 56 or 57 of the Mental Health Act 2009;\n\t(c)\tmedical 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.\n7—Witnessing advance care directives\n\t(1)\tFor 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—\n\t(a)\tin the case where 1 or more substitute decision‑makers are appointed under the advance care directive—each substitute decision‑maker has complied with regulation 8(1) before the advance care directive is witnessed; and\n\t(b)\tin any case—the person giving the advance care directive signs the advance care directive form in the presence of the suitable witness who witnesses the advance care directive.\n\t(2)\tFor 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).\n\t(3)\tFor the purposes of the definition of suitable witness in section 15(4) of the Act, a suitable witness must satisfy the following requirements:\n\t(a)\tthe suitable witness must be a competent adult;\n\t(b)\tthe suitable witness must be a person, or a person of a class, included on the list of suitable witnesses set out in Schedule 1.\n\t(4)\tTo 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.\n\t(5)\tIn this regulation—\nadvance 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.\n8—Appointment of substitute decision-makers\n\t(1)\tFor 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 before the advance care directive is witnessed, that he or she—\n\t(a)\taccepts the appointment as substitute decision‑maker; and\n\t(b)\thas read and understands the guidelines for substitute decision‑makers.\n\t(1a)\tWithout limiting the ways in which a certification may be made, or a part of an advance care directive completed or signed, under subregulation (1), a substitute decision‑maker may do so by electronic means.\n\t(2)\tIn this regulation—\nguidelines 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.\n9—Copies of advance care directives\n\t(1)\tFor 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.\n\t(2)\tFor 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.\n\t(3)\tFor the purposes of section 24(2)(c) of the Act, it is a requirement that the health practitioner accesses the electronic copy of the advance care directive on—\n\t(a)\tthe My Health Record system; or\n\t(b)\tthe Sunrise EMR system; or\n\t(c)\tan electronic record system approved by the Chief Executive.\n10—Revoking advance care directives\nFor the purposes of section 29(2) of the Act, a person who has given an advance care directive may revoke the advance care directive—\n\t(a)\tby giving another advance care directive; or\n\t(b)\tby giving, or causing to be given, a written indication that he or she has revoked the advance care directive.\n11—Advising Tribunal of wish to revoke advance care directive\nFor the purposes of section 31(1) of the Act, a person must advise the Tribunal of a wish to revoke an advance care directive in such manner and form as is determined from time to time by the Tribunal.\n12—Interstate advance care directives and corresponding laws\n\t(1)\tFor the purposes of section 33(1) of the Act, instruments of the following classes are declared to be interstate advance care directives:\n\t(a)\tan enduring power of attorney under the Powers of Attorney Act 2006 of the Australian Capital Territory that is in force;\n\t(b)\ta health direction under the Medical Treatment (Health Directions) Act 2006 of the Australian Capital Territory that is in force;\n\t(c)\tan instrument appointing an enduring guardian under the Guardianship Act 1987 of New South Wales that is in force;\n\t(d)\tan advance personal plan under the Advance Personal Planning Act 2013 of the Northern Territory that is in force;\n\t(e)\tan enduring power of attorney under the Powers of Attorney Act 1998 of Queensland that is in force;\n\t(f)\tan advance health directive under the Powers of Attorney Act 1998 of Queensland that is in force;\n\t(g)\tan instrument appointing an enduring guardian under the Guardianship and Administration Act 1995 of Tasmania that is in force;\n\t(ga)\tan advance care directive instrument under the Guardianship and Administration Act 1995 of Tasmania that is in force;\n\t(h)\tan instrument appointing an enduring guardian under the Guardianship and Administration Act 1986 of Victoria that is in force;\n\t(i)\ta refusal of treatment certificate under the Medical Treatment Act 1988 (repealed) of Victoria that is in force;\n\t(j)\tan enduring power of attorney (medical treatment) under the Medical Treatment Act 1988 (repealed) of Victoria that is in force;\n\t(ja)\tan enduring power of attorney under the Powers of Attorney Act 2014 of Victoria that is in force;\n\t(jb)\tan advance care directive under the Medical Treatment Planning and Decisions Act 2016 of Victoria;\n\t(k)\tan advance health directive under the Guardianship and Administration Act 1990 of Western Australia that is in force;\n\t(l)\tan enduring power of guardianship under the Guardianship and Administration Act 1990 of Western Australia that is in force;\n\t(m)\tan instrument (however described) corresponding to an advance care directive that is binding under the common law and in force.\nNote—\nSuch instruments are often referred to as a living will.\n\t(2)\tFor the purposes of section 33(4) of the Act, the following Acts are declared to be corresponding laws:\n\t(a)\tthe Powers of Attorney Act 2006 and the Medical Treatment (Health Directions) Act 2006 of the Australian Capital Territory;\n\t(b)\tthe Guardianship Act 1987 of New South Wales;\n\t(c)\tthe Advance Personal Planning Act 2013 of the Northern Territory;\n\t(d)\tthe Powers of Attorney Act 1998 and the Guardianship and Administration Act 2000 of Queensland;\n\t(e)\tthe Guardianship and Administration Act 1995 of Tasmania;\n\t(f)\tthe Guardianship and Administration Act 1986, the Medical Treatment Act 1988 (repealed), the Medical Treatment Planning and Decisions Act 2016 and the Powers of Attorney Act 2014 of Victoria;\n\t(g)\tthe Guardianship and Administration Act 1990 of Western Australia;\n\t(h)\tthe common law.\n12A—Exemption from requirement to give effect to advance care directives where suicide attempt or self‑harm\n\t(1)\tFor the purposes of section 36(1b)(a) of the Act, the following information is required:\n\t(a)\tthe name, address and age (if known) of the person to whom the health care was provided;\n\t(b)\tthe date or dates on which the health care was provided to the person;\n\t(c)\tthe location or locations at which the health care was provided to the person;\n\t(d)\ta description of the health care provided to the person;\n\t(e)\tthe grounds for the health practitioner's suspicion that the person had attempted suicide or self‑harmed;\n\t(f)\tthe grounds for the health practitioner's opinion that the provision of the health care was reasonably necessary to save the life of the person.\n\t(2)\tFor the purposes of section 36(1b)(b) of the Act, a report must comply with the following requirements:\n\t(a)\tthe report must be made to the Chief Executive in a manner and form determined by the Chief Executive;\n\t(b)\tthe report must include such information, or be accompanied by such records and documents, as may be required by the Chief Executive.\n\t(3)\tIn this regulation—\nChief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act and includes a person for the time being acting in that position.\n13—Application of Part 7 of Act\nFor 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.\n14—Resolution of disputes by Public Advocate\n\t(1)\tFor 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.\n\t(2)\tA 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 Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.\n15—Referral of matters to Tribunal or Public Advocate\n\t(1)\tIf the Public Advocate decides to refer a matter to the Tribunal under section 46(1) of the Act, the following provisions apply:\n\t(a)\tthe referral must be made within 7 business days of the Public Advocate bringing a mediation to an end or refusing to determine an application, as the case may be;\n\t(b)\tthe Public Advocate must notify the Tribunal whether any or all parties have consented to the matter being referred to the Tribunal;\n\t(c)\tthe Public Advocate must provide the Tribunal with written reasons for its decision to refer the matter to the Tribunal;\n\t(d)\tthe Public Advocate must provide the Tribunal with a summary of the dispute between the parties, the contact details of the parties and all other information relevant to the matter that is in the possession of the Public Advocate when the referral is made;\n\t(e)\tif the matter was the subject of mediation under section 45 of the Act and the mediator was a delegate of the Public Advocate—the Public Advocate must provide the Tribunal with the name of the mediator.\n\t(2)\tIf the Tribunal decides to refer a matter to the Public Advocate under section 49(1) of the Act, the following provisions apply:\n\t(a)\tthe referral must be made within 7 business days of the Tribunal making the decision to refer;\n\t(b)\tthe Tribunal must notify the Public Advocate whether any or all parties have consented to the matter being referred to the Public Advocate;\n\t(c)\tthe Tribunal must provide the Public Advocate with written reasons for its decision to refer the matter to the Public Advocate;\n\t(d)\tthe Tribunal must provide the Public Advocate with a summary of the dispute between the parties, the contact details of the parties and all other information relevant to the matter that is in the possession of the Tribunal when the referral is made.\n\t(3)\tFor the purposes of section 49 of the Act, the Tribunal 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.\n16—Fees\nThe fees payable for the purposes of the Act are as prescribed in Schedule 2.\nSchedule 1—List of suitable witnesses\nThe following persons, or classes of persons, are suitable witnesses:\n\t(a)\thealth practitioners;\n\t(b)\tpersons 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);\n\t(c)\tCommissioners for taking affidavits in the Supreme Court;\n\t(d)\tJustices of the Peace;\n\t(e)\tpolice officers;\n\t(f)\tsocial workers;\n\t(g)\tteachers.\nSchedule 2—Fees\n\nDescription of fee\nFee\nApplication under section 45 of the Act\nnil\nSchedule 3—Further transitional provisions\n1—Further transitional provisions relating to appointment of enduring guardians\n\t(1)\tExcept as provided by this clause, this clause is in addition to, and does not derogate from, the provisions of Parts 5 and 8 of Schedule 1 of the Act.\n\t(2)\tThis clause applies to an instrument in writing that—\n\t(a)\twas created before the commencement of Schedule 1 Part 5 of the Act; and\n\t(b)\tcomplies with any requirements under section 25(2)(a) of the Guardianship and Administration Act 1993 (as in force at the time the instrument was created); and\n\t(c)\tpurports to appoint an enduring guardian in accordance with that section; and\n\t(d)\thad not, at the time Schedule 1 Part 5 of the Act came into operation, been endorsed or witnessed (or both) as required under section 25(2)(b) and (c) of the Guardianship and Administration Act 1993 (as in force immediately before the commencement of Schedule 1 Part 5 of the Act).\n\t(3)\tAn instrument to which this clause applies will, despite the operation of Schedule 1 Part 5 of the Act—\n\t(a)\tbe taken to have been in force from the time it was created; and\n\t(b)\tbe taken to continue in force until—\n\t(i)\tit is endorsed and witnessed in accordance with section 25(2)(b) and (c) of the Guardianship and Administration Act 1993 (as in force immediately before the commencement of Schedule 1 Part 5 of the Act); or\n\t(ii)\t31 December 2015,\nwhichever is the sooner; and\n\t(c)\ton being so endorsed and witnessed (whether before or after the commencement of this clause), will be taken to be an advance care directive given in accordance with the Act,\n(but, to avoid doubt, nothing in this subclause operates to effect the appointment of an enduring guardian under the Guardianship and Administration Act 1993).\nNote—\nThe provisions of the Advance Care Directives Act 2013 will then apply to the instrument as if it were an advance care directive given under the Act rather than an appointment of an enduring guardian under the Guardianship and Administration Act 1993.\n\t(4)\tAn advance care directive referred to in subclause (3) will be taken—\n\t(a)\tto have been given by the person who purported to appoint the enduring guardian; and\n\t(b)\tto appoint as a substitute decision‑maker each person who (by endorsement on the instrument to which this clause applies) has accepted his or her purported appointment as an enduring guardian; and\n\t(c)\tto contain such provisions as may be necessary to enable each substitute decision‑maker to make any decision he or she could have made as the person's enduring guardian (but no other provision).\n\t(5)\tAny condition or limitation contained in an instrument to which this clause applies will be taken to apply to the advance care directive contemplated by this clause.\n\t(6)\tA provision of an instrument to which this clause applies that is a provision of a kind contemplated by section 6 or 12(1) of the Act will be taken to be void and of no effect.\n\t(7)\tAn instrument to which this clause applies will, for all purposes, be taken to be an advance care directive form.\n\t(8)\tA reference in any instrument or document to an enduring guardian (being an enduring guardian purportedly appointed by an instrument to which this clause applies) will be taken to be a reference to a substitute decision‑maker appointed by this clause.\n\t(9)\tClauses 36 and 37 of Schedule 1 of the Act apply in relation to the operation of this clause as if the advance care directive were an advance care directive contemplated by clause 35 of that Schedule.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor 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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2014\n77\nGazette 12.6.2014 p2491\n1.7.2014: r 2\n2015\n15\nGazette 5.3.2015 p884\n29.3.2015: r 2\n2015\n46\nGazette 14.5.2015 p1762\n14.5.2015: r 2\n2015\n50\nGazette 28.5.2015 p2297\n28.5.2015: r 2\n2016\n223\nGazette 8.9.2016 p3710\n8.9.2016: r 2\n2018\n223\nGazette 25.10.2018 p3878\n25.10.2018: r 2\n2019\n186\nGazette 11.7.2019 p2693\n11.7.2019: r 2\n2024\n2\nGazette 25.1.2024 p76\n1.3.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted by Legislation Revision and Publication Act 2002\n29.3.2015\nr 4\n\n\nr 4(1)\nvaried by 50/2015 r 4\n28.5.2015\nr 4A\ninserted by 2/2024 r 3\n1.3.2024\nr 5\n\n\nr 5(1)\nr 5 redesignated as r 5(1) by 2/2024 r 4\n1.3.2024\nr 5(2)\ninserted by 2/2024 r 4\n1.3.2024\nr 7\n\n\nr 7(1)\nvaried by 50/2015 r 5\n28.5.2015\nr 8\n\n\nr 8(1)\nvaried by 50/2015 r 6\n28.5.2015\nr 8(1a)\ninserted by 2/2024 r 5\n1.3.2024\nr 9\n\n\nr 9(3)\ninserted by 2/2024 r 6\n1.3.2024\nr 11\nsubstituted by 15/2015 r 4\n29.3.2015\nr 12\n\n\nr 12(1)\nvaried by 50/2015 r 7(1)\n28.5.2015\n\nvaried by 223/2016 r 4(1)\n8.9.2016\n\nvaried by 223/2018 r 4(1)—(3)\n25.10.2018\n\namended by 2/2024 r 7(1), (2)\n1.3.2024\nr 12(2)\nvaried by 50/2015 r 7(2)\n28.5.2015\n\nvaried by 223/2016 r 4(2)\n8.9.2016\n\nvaried by 223/2018 r 4(4)\n25.10.2018\n\namended by 2/2024 r 7(3)\n1.3.2024\nr 12A\ninserted by 186/2019 r 4\n11.7.2019\n\nsubstituted by 2/2024 r 8\n1.3.2024\nr 14\n\n\nr 14(2)\nvaried by 15/2015 r 5\n29.3.2015\nr 15\nsubstituted by 15/2015 r 6\n29.3.2015\nr 15(1)\nvaried by 46/2015 r 4\n14.5.2015\nSch 1\nvaried by 50/2015 r 8(1)—(3)\n28.5.2015\n\nsubstituted by 2/2024 r 9\n1.3.2024\nSch 2\nsubstituted by 15/2015 r 7\n29.3.2015\nSch 3\ninserted by 50/2015 r 9\n28.5.2015\nHistorical versions\n29.3.2015\n\n14.5.2015\n\n28.5.2015\n\n8.9.2016\n\n25.10.2018\n\n11.7.2019\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on contextual knowledge, the Regulations appear to remain tightly scoped to their intended purpose: prescribing the procedural and administrative requirements that give effect to the Advance Care Directives Act 2013. No scope drift could be confirmed or denied from the unavailable text."},"complexity_factors":["Content was inaccessible due to a broken URL — no direct analysis of current provisions was possible","Regulations of this type typically involve prescribed forms and witnessing requirements which can be procedurally detailed","Interaction with the parent Act (Advance Care Directives Act 2013) adds a layer of cross-referencing complexity","Concepts around substitute decision-making and legal capacity can be nuanced for laypeople","Score is conservatively low given the inability to assess actual regulatory content"],"plain_english_summary":"The Advance Care Directives Regulations 2014 (SA) set out the practical rules for South Australians to record legally binding instructions about future medical treatment and personal care, and govern how health professionals and appointed decision‑makers must act on them. \n\nThey matter because they define the formal requirements (eg, witnessing, prescribed forms and registration processes) that make a directive valid, preventing unwanted treatment when a person can’t speak for themselves."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations expand operational scope compared with earlier arrangements by (a) explicitly including ambulance services and paramedics as health practitioners (r4), (b) recognising prescribed electronic copies on named systems and Chief Executive‑approved systems (r4A, r9(3)), (c) broadening interstate instruments and corresponding laws that are treated as advance care directives (r12(1)–(2)), (d) introducing reporting requirements and form/manner rules for the suicide/self‑harm exemption (r12A), and (e) adding transitional rules to convert certain pre‑existing enduring guardian instruments into advance care directives (Schedule 3). These changes increase administrative duties for individuals, health practitioners and agencies while concentrating decision authority with the Minister, Chief Executive, Tribunal and Public Advocate (see rr4A,8,9,14,15)."},"complexity_factors":["Cross-references to the Advance Care Directives Act and other Acts (e.g. Mental Health Act 2009, Public Health Act 2011) creating inter‑statutory links (r3, r6).","Delegated administrative discretion for approvals, forms and guidance vested in the Minister and Chief Executive (r4A, r8(2), r9(2), r12A(2)).","Multiple technical pathways for electronic copies and access (My Health Record, Sunrise EMR, Chief Executive‑approved systems) with certification requirements (r4A, r9(3)).","Detailed procedural requirements for witnessing and substitute decision‑maker certification that increase transactional compliance (rr7,8; Sch 1).","Extensive interstate recognition list and corresponding laws, requiring mapping of external instruments to local rules (r12(1)–(2)).","Reporting and evidentiary requirements for the suicide/self‑harm exemption impose recordkeeping and reporting burdens on health practitioners and the Chief Executive (r12A).","Fixed procedural timelines and information transfer rules for referrals between Public Advocate and Tribunal (r15), plus mediator qualification rules (r14).","Transitional provisions converting older enduring guardian instruments into advance care directives with specified effects and exclusions (Sch 3 cl 1).","Low monetary fee complexity but non‑monetary compliance costs (Sch 2; many procedural requirements are administrative rather than fee‑based)."],"plain_english_summary":"These regulations set procedural rules for making, witnessing, copying, revoking and recognising advance care directives in South Australia. They prescribe who counts as a health practitioner (including ambulance staff and paramedics), list acceptable witnesses, permit electronic copies on named or approved systems, and specify which interstate instruments are treated as directives.\n\nIndividuals must sign and obtain witness certification and substitute-decision-maker acceptance (rr 5,7,8); health practitioners access electronic directives (r9(3)); the Minister and Chief Executive approve forms, guidance and electronic systems (rr 4A,8,9)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond simple procedural rules for making advance care directives. Originally likely focused on basic witnessing and forms, the instrument now encompasses: electronic health record integration (My Health Record, Sunrise EMR), complex interstate recognition of 13+ different instrument types across all jurisdictions, detailed suicide/self-harm exception reporting requirements, and elaborate transitional provisions converting old enduring guardian appointments. The 2024 amendments specifically added electronic copying and certification mechanisms, showing continued scope creep into digital health infrastructure. The legislative history shows 9 separate amendment instruments since 2014, indicating ongoing expansion of the regulatory framework."},"complexity_factors":["Multiple cross-references to the parent Advance Care Directives Act 2013 and other legislation (Health Care Act 2008, Mental Health Act 2009, Public Health Act 2011, Guardianship and Administration Act 1993, etc.)","Detailed transitional provisions in Schedule 3 with nested subclauses and conditional time limits (e.g., instruments valid until 31 December 2015 or until endorsed, whichever is sooner)","Extensive list of interstate instruments and corresponding laws in regulation 12 (13 different instrument types across 8 jurisdictions plus common law)","Multiple defined terms scattered throughout (e.g., 'advance care directive information statement', 'guidelines for substitute decision-makers', 'Chief Executive') with some defined in situ and others referencing Gazette notices","Conditional witnessing requirements that vary depending on whether substitute decision-makers are appointed (regulation 7)","Specific procedural requirements for referrals between Public Advocate and Tribunal with 7-day time limits and mandatory content requirements (regulation 15)","Electronic means provisions added by recent amendments creating parallel signing/certification pathways"],"plain_english_summary":"These regulations set out the practical rules for how South Australians can make, change, and use **advance care directives** — legal documents that let people decide ahead of time what medical treatment they want (or don't want) if they become unable to speak for themselves later.\n\n**Key things the regulations do:**\n\n*   **Who can witness:** They list exactly who can legally watch you sign your directive — including doctors, nurses, lawyers, Justices of the Peace, police officers, social workers, and teachers.\n*   **Electronic copies:** They allow advance care directives to be stored and accessed electronically through approved systems like My Health Record or Sunrise EMR, provided a suitable witness certifies the electronic copy is genuine.\n*   **Substitute decision-makers:** They set out how you can appoint someone you trust to make medical decisions for you, including what that person must sign to accept the role.\n*   **What you can't include:** They ban certain things from being in your directive — like refusing court-ordered treatment, mental health treatment under specific laws, or treatment ordered by the Chief Public Health Officer during a health emergency.\n*   **Suicide or self-harm exception:** They create special reporting requirements for health practitioners who override a directive because they suspect someone has attempted suicide or self-harmed and needs life-saving treatment.\n*   **Interstate recognition:** They list which similar documents from other Australian states and territories are recognised in South Australia (and vice versa), so your wishes can travel with you.\n*   **Old documents:** They include special rules to smoothly convert old \"enduring guardian\" appointments made under previous laws into the new advance care directive system.\n\n**Why this matters:**\nThese regulations make sure advance care directives are made properly, stored safely, and respected by doctors — while also protecting vulnerable people in crisis situations and ensuring doctors can act to save lives when necessary."}},"importantCases":[],"_links":{"self":"/api/acts/advance-care-directives-regulations-2014","history":"/api/acts/advance-care-directives-regulations-2014/history","analysis":"/api/acts/advance-care-directives-regulations-2014/analysis","conflicts":"/api/acts/advance-care-directives-regulations-2014/conflicts","importantCases":"/api/acts/advance-care-directives-regulations-2014/important-cases","documents":"/api/acts/advance-care-directives-regulations-2014/documents"}}