{"id":"consent-to-medical-treatment-and-palliative-care-act-1995","name":"Consent to Medical Treatment and Palliative Care Act 1995","slug":"consent-to-medical-treatment-and-palliative-care-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31808,"registerId":"sa-consent-to-medical-treatment-and-palliative-care-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Consent to Medical Treatment and Palliative Care Act 1995","content":"South Australia\nConsent to Medical Treatment and Palliative Care Act 1995\nAn Act to deal with consent to medical treatment; to regulate medical practice so far as it affects the care of people who are dying; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects\n4\tInterpretation\n4A\tReferences to provision of medical treatment etc to include withdrawal etc of medical treatment\n4B\tConsent not required for withdrawal etc of medical treatment\n4C\tInteraction with Voluntary Assisted Dying Act\nPart 2—Consent to medical treatment generally\nDivision 1—Consent generally\n6\tLegal competence to consent to medical treatment\nDivision 4—Medical treatment of children\n12\tAdministration of medical treatment to a child\nDivision 5—Emergency medical treatment\n13\tEmergency medical treatment\nPart 2A—Consent to medical treatment if person has impaired decision‑making capacity\n14\tInterpretation\n14A\tApplication of Part\n14B\tConsent of person responsible for patient effective in certain circumstances\n14C\tPerson responsible for patient to make substituted decision\n14D\tPerson must not give consent unless authorised to do so\nPart 3—Provisions governing medical practice\nDivision 1—Medical practice generally\n15\tMedical practitioner's duty to explain\n16\tProtection for medical practitioners etc\nDivision 2—The care of people who are dying\n17\tThe care of people who are dying\n18\tSaving provision\nPart 3A—Dispute resolution, reviews and appeals\nDivision 1—Preliminary\n18A\tInterpretation\n18B\tApplication of Part\nDivision 2—Resolution of disputes by Public Advocate\n18C\tResolution of disputes by Public Advocate\n18D\tPublic Advocate may refer matter to Tribunal\n18DA\tPublic Advocate may refer question of law to Supreme Court\nDivision 3—Resolution of disputes by Tribunal\n18E\tResolution of disputes by Tribunal\n18F\tTribunal may refer matter to Public Advocate\n18G\tFailing to comply with direction of Tribunal\nDivision 4—Reviews and appeals\n18H\tReviews and appeals\nPart 3B—Special provisions relating to Tribunal\n18I\tTribunal must give notice of proceedings\n18J\tReasons for decisions\n18K\tRepresentation of person who is subject of proceedings\nPart 4—Regulations\n19\tRegulations\nSchedule 3—Transitional provisions\n2\tTransitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Consent to Medical Treatment and Palliative Care Act 1995.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto make certain reforms to the law relating to consent to medical treatment—\n\t(i)\tto allow persons of or over the age of 16 years to decide freely for themselves on an informed basis whether or not to undergo medical treatment; and\n\t(iii)\tto provide for the administration of emergency medical treatment in certain circumstances without consent; and\n\t(b)\tto provide for the medical treatment of people who have impaired decision‑making capacity; and\n\t(c)\tto allow for the provision of palliative care, in accordance with proper standards, to people who are dying and to protect them from medical treatment that is intrusive, burdensome and futile.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadministration of medical treatment includes the prescription or supply of drugs;\nadvance care directive means an advance care directive under the Advance Care Directives Act 2013 that is in force;\nchild means a person under 16 years of age;\ndecision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013;\ndentist means a person registered under the Health Practitioner Regulation National Law—\n\t(a)\tto practise in the dental profession as a dentist (other than as a student); and\n\t(b)\tin the dentists division of that profession;\nguardian means a person acting or appointed under any Act or law as the guardian of another;\nimpaired decision‑making capacity, in respect of a particular decision—see subsection (2);\ninternal review means a review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013;\nlife sustaining measures means medical treatment that supplants or maintains the operation of vital bodily functions that are temporarily or permanently incapable of independent operation, and includes assisted ventilation, artificial nutrition and hydration and cardiopulmonary resuscitation;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and includes a dentist;\nmedical treatment means the provision by a medical practitioner of physical, surgical or psychological therapy to a person (including the provision of such therapy for the purposes of preventing disease, restoring or replacing bodily function in the face of disease or injury or improving comfort and quality of life) and includes the prescription or supply of drugs;\nNote—\nSee also section 14, which extends this definition for the purposes of Part 2A to include other forms of health care.\npalliative care means measures directed at maintaining or improving the comfort of a patient who is, or would otherwise be, in pain or distress;\nparent, of a child, includes—\n\t(a)\ta step‑parent; and\n\t(b)\tan adult who acts in loco parentis in relation to the child;\npersistent vegetative state includes post‑coma unresponsiveness and a minimally responsive state;\nPublic Advocate means the person holding or acting in the office of Public Advocate under the Guardianship and Administration Act 1993;\nrepresentative, of a patient, means a person authorised under this or any other Act or law to make decisions about the administration of medical treatment of the relevant kind to the patient;\nsubstitute decision‑maker has the same meaning as in the Advance Care Directives Act 2013;\nterminal illness means an illness or condition that is likely to result in death;\nterminal phase of a terminal illness means the phase of the illness reached when there is no real prospect of recovery or remission of symptoms (on either a permanent or temporary basis);\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tFor the purposes of this Act, a person will be taken to have impaired decision‑making capacity in respect of a particular decision if—\n\t(a)\tthe person is not capable of—\n\t(i)\tunderstanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or\n\t(ii)\tretaining such information; or\n\t(iii)\tusing such information in the course of making the decision; or\n\t(iv)\tcommunicating his or her decision in any manner; or\n\t(b)\tthe person is, by reason of being comatose or otherwise unconscious, unable to make a particular decision about his or her medical treatment.\n\t(3)\tFor the purposes of this Act—\n\t(a)\ta person will not be taken to be incapable of understanding information merely because the person is not able to understand matters of a technical or trivial nature;\n\t(b)\ta person will not be taken to be incapable of retaining information merely because the person can only retain the information for a limited time;\n\t(c)\ta person may fluctuate between having impaired decision‑making capacity and full decision‑making capacity;\n\t(d)\ta person's decision‑making capacity will not be taken to be impaired merely because a decision made by the person results, or may result, in an adverse outcome for the person.\n\t(4)\tFor the purposes of this Act, a medical practitioner is entitled to presume that a person who purports to be in a close and continuing relationship with another person is in such a relationship unless the medical practitioner knew, or ought reasonably to have known, that the 2 persons were not in such a relationship.\n\t(5)\tFor the purposes of this Act, a medical practitioner is entitled to presume that a person who purports to have a particular relationship to another person (whether the relationship is based on affinity or consanguinity or otherwise) does have such a relationship unless the medical practitioner knew, or ought reasonably to have known, that the person did not have such a relationship to the other person.\n4A—References to provision of medical treatment etc to include withdrawal etc of medical treatment\nUnless the contrary intention appears, a reference in this Act to the administration of medical treatment to a person will be taken to include a reference to the withdrawal, or withholding, of medical treatment to the person (including, to avoid doubt, the withdrawal or withholding of life sustaining measures).\n4B—Consent not required for withdrawal etc of medical treatment\nNothing in this Act operates to require the consent of a person to be given before medical treatment (including, to avoid doubt, life sustaining measures) can be withdrawn or withheld.\n4C—Interaction with Voluntary Assisted Dying Act\nThis Act does not apply in relation to medical treatment consisting of, or given in the course of, the administration of a voluntary assisted dying substance, or any other medical treatment relating to voluntary assisted dying, under the Voluntary Assisted Dying Act 2021.\nPart 2—Consent to medical treatment generally\nDivision 1—Consent generally\n6—Legal competence to consent to medical treatment\nA person of or over 16 years of age may make decisions about his or her own medical treatment as validly and effectively as an adult.\nDivision 4—Medical treatment of children\n12—Administration of medical treatment to a child\nA medical practitioner may administer medical treatment to a child if—\n\t(a)\tthe parent or guardian consents; or\n\t(b)\tthe child consents and—\n\t(i)\tthe medical practitioner who is to administer the treatment is of the opinion that the child is capable of understanding the nature, consequences and risks of the treatment and that the treatment is in the best interest of the child's health and well-being; and\n\t(ii)\tthat opinion is supported by the written opinion of at least one other medical practitioner who personally examines the child before the treatment is commenced.\nDivision 5—Emergency medical treatment\n13—Emergency medical treatment\n\t(1)\tSubject to this section, a medical practitioner may lawfully administer medical treatment to a person (the patient) if—\n\t(a)\tthe patient is incapable of consenting (whether or not the person has impaired decision‑making capacity in respect of a particular decision); and\n\t(b)\tthe medical practitioner who administers the treatment is of the opinion that the treatment is necessary to meet an imminent risk to life or health and that opinion is supported by the written opinion of another medical practitioner who has personally examined the patient; and\n\t(c)\tthe patient (if of or over 16 years of age) has not, to the best of the medical practitioner's knowledge, refused to consent to the treatment; and\n\t(d)\tthe medical practitioner proposing to administer the treatment has made, or has caused to be made, reasonable inquiries to ascertain whether the patient (if the patient is 18 or more years of age) has given an advance care directive.\n\t(1a)\tSubject to this section, a medical practitioner may lawfully administer medical treatment to a person (the patient) despite a provision of an advance care directive given by the patient comprising a refusal of medical treatment if—\n\t(a)\tthe patient is incapable of consenting (whether or not the patient has impaired decision‑making capacity in respect of a particular decision); and\n\t(b)\tthe medical practitioner who administers the treatment is of the opinion that the treatment is necessary to meet an imminent risk to life or health and that opinion is supported by the written opinion of another medical practitioner who has personally examined the patient; and\n\t(c)\tthe medical practitioner who administers the treatment reasonably believes that the provision of the advance care directive is not intended to apply—\n\t(i)\tto treatment of the kind proposed; or\n\t(ii)\tin the circumstances in which the proposed medical treatment is to be administered; and\n\t(d)\tit is not reasonably practicable in the circumstances of the case to have the matter dealt with under Part 7 of the Advance Care Directives Act 2013.\n\t(2)\tA supporting opinion is not necessary under subsection (1)(b) or (1a)(b) if in the circumstances of the case it is not practicable to obtain such an opinion.\n\t(2a)\tInquiries under subsection (1)(d) need not be made if in the circumstances of the case it is not reasonably practicable to do so.\n\t(3)\tIf—\n\t(a)\tthe patient has given an advance care directive; and\n\t(b)\tthe medical practitioner proposing to administer the treatment is aware of that fact (whether on the basis of inquiries made under this section or otherwise); and\n\t(c)\ta substitute decision‑maker appointed under the advance care directive is empowered or authorised to make decisions relating to the administration of such treatment and is reasonably available to make such a decision,\nthe medical treatment must not be administered without the consent of the substitute decision‑maker.\nNote—\nThis provision simply requires the substitute decision‑maker to be given the opportunity to make the decision about consent if he or she is available—there may also be other provisions of the advance care directive in relation to the treatment that are relevant, and need to be complied with, in the circumstances.\n\t(4)\tIf no such substitute decision‑maker is available and a guardian of the patient is available, the medical treatment may not be administered without the guardian's consent.\n\t(4a)\tIf neither a substitute decision‑maker nor a guardian of the patient is available, but a person responsible for the patient (within the meaning of Part 2A) is reasonably available and willing to consent to the administration of the medical treatment, the medical treatment may not be administered without the consent of the person responsible for the patient (given in accordance with Part 2A).\n\t(5)\tIf the patient is a child, and a parent or guardian of the child is available to decide whether the medical treatment should be administered, the parent's or guardian's consent to the treatment must be sought but the child's health and well-being are paramount and if the parent or guardian refuses consent, the treatment may be administered despite the refusal if it is in the best interests of the child's health and well-being.\nPart 2A—Consent to medical treatment if person has impaired decision‑making capacity\n14—Interpretation\n\t(1)\tIn this Part—\nhealth care means any care, service, procedure or treatment provided by, or under the supervision of, a health practitioner for the purpose of diagnosing, maintaining or treating a physical or mental condition of a person;\nhealth practitioner means a person who practises 1 or more of the following:\n\t(a)\ta health profession (within the meaning of the Health Practitioner Regulation National Law (South Australia));\n\t(b)\tany other profession or practice declared by the regulations to be included in the ambit of this definition;\nmedical practitioner, in respect of particular health care, includes a health practitioner practising in the relevant profession or practice;\nmedical treatment includes health care;\npatient means a person to whom medical treatment is, or is proposed to be, administered pursuant to this Part;\nperson responsible for a patient means—\n\t(a)\tif a guardian has been appointed in respect of the patient, and his or her powers as guardian have not been limited so as to exclude the giving of a consent contemplated by this Part and he or she is available and willing to make a decision as to such consent—that guardian; or\n\t(b)\tif paragraph (a) does not apply, but a prescribed relative of the patient who has a close and continuing relationship with the patient is available and willing to make a decision as to a consent contemplated by this Part—that prescribed relative; or\n\t(c)\tif paragraphs (a) or (b) do not apply, but an adult friend of the patient who has a close and continuing relationship with the patient is available and willing to make a decision as to a consent contemplated by this Part—that friend; or\n\t(d)\tif paragraphs (a), (b) or (c) do not apply, but an adult who is charged with overseeing the ongoing day‑to‑day supervision, care and well‑being of the patient is available and willing to make a decision as to a consent contemplated by this Part—that person; or\n\t(e)\tif none of the preceding paragraphs apply, or otherwise with the permission of the Tribunal—the Tribunal on the application of—\n\t(i)\ta prescribed relative of the patient; or\n\t(ii)\tthe medical practitioner proposing to give the treatment; or\n\t(iii)\tany other person who the Tribunal is satisfied has a proper interest in the matter;\nprescribed relative—the following persons are prescribed relatives of a patient:\n\t(a)\ta person who is legally married to the patient;\n\t(b)\tan adult domestic partner of the patient (within the meaning of the Family Relationships Act 1975 and whether declared as such under that Act or not);\n\t(c)\tan adult related to the patient by blood or marriage;\n\t(d)\tan adult related to the patient by reason of adoption;\n\t(e)\tan adult of Aboriginal or Torres Strait Islander descent who is related to the patient according to Aboriginal kinship rules or Torres Strait Islander kinship rules (as the case requires).\n\t(2)\tIf a man and woman are married according to Aboriginal tradition, they will be regarded as legally married for the purposes of this Part.\n14A—Application of Part\n\t(1)\tThis Part does not apply to, or in relation to, a child.\nNote—\nSection 12 sets out who can consent to the administration of medical treatment (other than prescribed treatment) to a child.\n\t(2)\tThis Part does not apply to, or in relation to, a person who has given an advance care directive to the extent that—\n\t(a)\ta substitute decision‑maker has been appointed under the advance care directive who is authorised to make decisions relating to the administration of medical treatment of the relevant kind to the patient; or\n\t(b)\tthe advance care directive makes specific provision in respect of the administration of medical treatment of the relevant kind to the patient.\n\t(3)\tThis Part does not apply to, or in relation to, prescribed treatment (within the meaning of the Guardianship and Administration Act 1993).\nNote—\nUnder the Guardianship and Administration Act 1993, prescribed treatments include terminations of pregnancy and sterilisations.\n\t(4)\tNothing in this Part limits the operation of section 13.\n14B—Consent of person responsible for patient effective in certain circumstances\n\t(1)\tWhere it is proposed to administer medical treatment to a patient with impaired decision‑making capacity in respect of a decision that is required in relation to the medical treatment, a consent given by a person responsible for the patient to the administration of the proposed medical treatment—\n\t(a)\twill be taken to be a consent given by the patient; and\n\t(b)\twill be taken to have the same effect for all purposes as if the patient gave the consent.\n\t(2)\tThe regulations may make further provision in relation to the giving of consent by a person responsible for a patient for the purposes of this Act (including by limiting the kinds of medical treatment to which a specified class of person responsible can consent).\n\t(3)\tThe effectiveness of a consent given by a person responsible for a patient is not affected merely because insufficient inquiries were made to locate a person with higher responsibility for the patient before the consent was given (as contemplated by the hierarchy in the definition of person responsible in section 14).\n\t(4)\tConsent to the administration of particular medical treatment will, for all purposes, be taken to have been given by the patient if—\n\t(a)\tthe medical treatment was administered with the purported consent of a person who represented to the medical practitioner that he or she was a person responsible for the patient; and\n\t(b)\tthe medical practitioner did not know and could not reasonably be expected to have known that the person was not, in fact, a person responsible for the patient.\n14C—Person responsible for patient to make substituted decision\nA decision of a person responsible for a patient to give, or to refuse to give, consent under this Part must, as far as is reasonably practicable, reflect the decision that the patient would have made in the circumstances had his or her decision‑making capacity not been impaired.\nNote—\nIn cases where the patient has given an advance care directive under which no substitute decision‑maker is appointed, but the patient's wishes or instructions in relation to treatment of the relevant kind is recorded, it may nevertheless be necessary to give effect to those wishes or instructions—see Part 5 of the Advance Care Directives Act 2013.\n14D—Person must not give consent unless authorised to do so\nA person who is not a person responsible for a particular patient is guilty of an offence if he or she, knowing that he or she is not a person responsible for the patient or being recklessly indifferent as to whether or not he or she is a person responsible for the patient—\n\t(a)\tpurports to give a consent under this Part in respect of the patient; or\n\t(b)\trepresents to a medical practitioner that he or she is a person responsible for the patient.\nMaximum penalty: Imprisonment for 2 years.\nPart 3—Provisions governing medical practice\nDivision 1—Medical practice generally\n15—Medical practitioner's duty to explain\nA medical practitioner has a duty to explain to a patient (or the patient's representative), so far as may be practicable and reasonable in the circumstances—\n\t(a)\tthe nature, consequences and risks of proposed medical treatment; and\n\t(b)\tthe likely consequences of not undertaking the treatment; and\n\t(c)\tany alternative treatment or courses of action that might be reasonably considered in the circumstances of the particular case.\n16—Protection for medical practitioners etc\nA medical practitioner responsible for the treatment or care of a patient, or a person participating in the treatment or care of the patient under the medical practitioner's supervision, incurs no civil or criminal liability for an act or omission done or made—\n\t(a)\twith the consent of the patient or the patient's representative or without consent but in accordance with an authority conferred by this Act or any other Act; and\n\t(b)\tin good faith and without negligence; and\n\t(c)\tin accordance with proper professional standards of medical practice; and\n\t(d)\tin order to preserve or improve the quality of life.\nDivision 2—The care of people who are dying\n17—The care of people who are dying\n\t(1)\tA medical practitioner responsible for the treatment or care of a patient in the terminal phase of a terminal illness, or a person participating in the treatment or care of the patient under the medical practitioner's supervision, incurs no civil or criminal liability by administering medical treatment with the intention of relieving pain or distress—\n\t(a)\twith the consent of the patient or the patient's representative; and\n\t(b)\tin good faith and without negligence; and\n\t(c)\tin accordance with proper professional standards of palliative care,\neven though an incidental effect of the treatment is to hasten the death of the patient.\n\t(2)\tA medical practitioner responsible for the treatment or care of a patient in the terminal phase of a terminal illness, or a person participating in the treatment or care of the patient under the medical practitioner's supervision—\n\t(a)\tis under no duty to use, or to continue to use, life sustaining measures in treating the patient if the effect of doing so would be merely to prolong life in a moribund state without any real prospect of recovery or in a persistent vegetative state (whether or not the patient or the patient's representative has requested that such measures be used or continued); and\n\t(b)\tmust, if the patient or the patient's representative so directs, withdraw life sustaining measures from the patient.\n\t(3)\tFor the purposes of the law of the State—\n\t(a)\tthe administration of medical treatment for the relief of pain or distress in accordance with subsection (1) does not constitute an intervening cause1 of death; and\n\t(b)\tthe non-application or discontinuance of life sustaining measures in accordance with subsection (2) does not constitute an intervening cause1 of death.\nNote—\n1\tA novus actus interveniens ie a cause that breaks a pre-existing chain of causation.\n18—Saving provision\n\t(1)\tThis Act does not authorise the administration of medical treatment for the purpose of causing the death of the person to whom the treatment is administered.\n\t(2)\tThis Act does not authorise a person to assist the suicide of another.\nPart 3A—Dispute resolution, reviews and appeals\nDivision 1—Preliminary\n18A—Interpretation\nIn this Part—\neligible person, in relation to a matter, means—\n\t(a)\tif the matter relates to a child—a parent or guardian of the child; and\n\t(b)\tif the matter relates to a patient with impaired decision‑making capacity in respect of a particular decision—a person responsible for the patient; and\n\t(c)\ta medical practitioner who is providing, or is to provide, the medical treatment to which the matter relates; and\n\t(d)\tany other person who satisfies the Public Advocate or Tribunal (as the case requires) that he or she has a proper interest in the matter;\nmedical practitioner and medical treatment, in relation to the administration, or proposed administration, of medical treatment to a patient pursuant to Part 2A, have the same meanings as in that Part;\npatient means a patient within the meaning of Part 2A;\nperson responsible for a patient has the same meaning as in Part 2A.\n18B—Application of Part\nThis Part applies to the following matters:\n\t(a)\ta decision of a parent or guardian of a child to consent, or to refuse to consent, to the administration of medical treatment to the child;\n\t(b)\ta decision of a medical practitioner to administer, or not administer, medical treatment to a patient pursuant to Part 2A;\n\t(c)\ta decision of a person responsible for a patient to consent, or to refuse to consent, to the administration of medical treatment to the person pursuant to Part 2A;\n\t(d)\tany other matter prescribed by the regulations for the purposes of this section.\nDivision 2—Resolution of disputes by Public Advocate\n18C—Resolution of disputes by Public Advocate\n\t(1)\tThe Public Advocate may, on application by an eligible person in relation to a matter to which this Part applies or on his or her own initiative, provide preliminary assistance in resolving the matter, including by—\n\t(a)\tensuring that the parties to the matter are fully aware of their rights and obligations; and\n\t(b)\tidentifying the issues (if any) that are in dispute between the parties; and\n\t(c)\tcanvassing options that may obviate the need for further proceedings; and\n\t(d)\twhere appropriate, facilitating full and open communication between the parties.\n\t(2)\tThe Public Advocate may mediate a matter to which this Part applies on application by an eligible person in relation to the matter.\n\t(3)\tAn application under this section—\n\t(a)\tmust be made in a manner and form determined by the Public Advocate; and\n\t(b)\tmust be accompanied by such information as the Public Advocate may reasonably require; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(4)\tBefore undertaking a mediation, the Public Advocate may, if he or she thinks it appropriate to do so, require an applicant for mediation who is not a medical practitioner to first obtain a written report from an independent medical practitioner (made after examining the relevant person) setting out—\n\t(a)\tthe potential advantages and disadvantages of—\n\t(i)\tthe medical treatment that a medical practitioner proposes to administer to the relevant person; and\n\t(ii)\tany medical treatment that the eligible person, or some other person, has requested be administered to the relevant person; and\nNote—\nThis includes where the medical treatment comprises the withdrawal or withholding of medical treatment—see section 4A.\n\t(b)\twhether, in the independent medical practitioner's opinion, the requested treatment is in the best interest of the relevant person's health and well‑being; and\n\t(c)\tany other information required by the regulations for the purposes of this subsection.\n\t(5)\tThe Public Advocate may bring a mediation to an end at any time—\n\t(a)\tif, in the opinion of the Public Advocate, it is more appropriate that the matter be dealt with by the Tribunal; or\n\t(b)\tat the request of a party to the mediation.\n\t(6)\tEvidence of anything said or done in the course of a mediation is not admissible in subsequent proceedings except by consent of all parties to the proceedings.\n\t(7)\tWithout limiting any other ways in which the Public Advocate may inform himself or herself for the purposes of a mediation, the Public Advocate may seek advice from such persons as the Public Advocate thinks fit in relation to protecting the interests of a child who is a party to, or is otherwise affected by, the matter the subject of the mediation.\n\t(8)\tThe Public Advocate has, for the purposes of this section, the same privileges and immunities as a member of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(9)\tSubject to this Act, the Public Advocate may conduct a mediation in such manner as he or she thinks fit.\n\t(10)\tThe regulations may make further provisions in relation to mediations under this section.\n18D—Public Advocate may refer matter to Tribunal\n\t(1)\tIf the Public Advocate ends a mediation under section 18C on the grounds that it is more appropriate that the matter be dealt with by the Tribunal, the Public Advocate may refer the matter to the Tribunal.\n\t(2)\tThe regulations may make further provision in respect of referrals under this section.\n18DA—Public Advocate may refer question of law to Supreme Court\nThe Public Advocate may refer any question of law for the opinion of the Supreme Court.\nDivision 3—Resolution of disputes by Tribunal\n18E—Resolution of disputes by Tribunal\n\t(1)\tAn eligible person in relation to a matter to which this Part applies may apply to the Tribunal for—\n\t(a)\ta review of a matter mediated by the Public Advocate under section 18C; or\n\t(b)\ta declaration or direction in relation to the matter (including, to avoid doubt, a matter contemplated by section 18C).\n\t(4)\tThe Tribunal may, on determining an application under this section—\n\t(a)\tin the case of a review of a matter mediated by the Public Advocate under section 18C—confirm, cancel or reverse a decision that is the subject of the review; and\n\t(b)\tin any case—\n\t(i)\tmake any declarations that the Tribunal thinks necessary or desirable in the circumstances of the case; and\n\t(ii)\tgive any directions that the Tribunal thinks necessary or desirable in the circumstances of the case (including a direction that the administration of particular medical treatment to a person be withdrawn or withheld); and\n\t(iii)\tgive any advice that the Tribunal considers necessary or desirable in the circumstances of the case.\n\t(5)\tThe Tribunal may vary or revoke a declaration or direction under this section.\n\t(6)\tThe person to whom the medical treatment is to be provided or not provided (as the case requires) is (if he or she is not the applicant) a party to the proceedings.\n\t(7)\tSection 51 of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to, or in relation to, proceedings under this section.\n\t(8)\tWithout limiting any other ways in which the Tribunal may inform itself for the purposes of this section, the Tribunal may seek advice from such persons or bodies as the Tribunal thinks fit in relation to protecting the interests of a child who is a party to, or is otherwise affected by, an application.\n\t(9)\tThe regulations may make further provisions in relation to proceedings under this section.\n\t(10)\tSubject to this Act, the Tribunal may conduct a review under this section in such manner as it thinks fit.\n18F—Tribunal may refer matter to Public Advocate\n\t(1)\tIf the Tribunal is of the opinion that it is more appropriate that a particular application under section 18E be dealt with by the Public Advocate, the Tribunal may refer the matter to the Public Advocate.\n\t(2)\tThe regulations may make further provision in respect of referrals under this section.\n18G—Failing to comply with direction of Tribunal\n\t(1)\tSubject to this Act, a person who fails to comply with a direction of the Tribunal under section 18E is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 6 months.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) if the defendant proves that he or she did not know, and could not reasonably have been expected to know, that his or her conduct amounted to a failure to comply with the relevant direction.\nDivision 4—Reviews and appeals\n18H—Reviews and appeals\nThe following provisions operate in connection with the application of Part 5 of the South Australian Civil and Administrative Tribunal Act 2013 in relation to this Act:\n\t(a)\ta decision of the Tribunal not to authorise publication of a report of proceedings before the Tribunal may not be the subject of an application for internal review;\n\t(b)\tsubject to paragraph (a), an application for internal review may be made by—\n\t(i)\tthe applicant in proceedings before the Tribunal in the exercise of its original jurisdiction (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) for the purposes of this Act; or\n\t(ii)\ta person to whom the proceedings relate (if not the applicant under paragraph (a)); or\n\t(iii)\tthe Public Advocate; or\n\t(iv)\tany person who presented evidence or material before, or made submissions to, the Tribunal in the relevant proceedings; or\n\t(v)\tany other person who satisfies the Tribunal that he or she has a proper interest in the matter;\n\t(c)\tthe person to whom an application for internal review relates (if he or she is not the applicant) will be a party to those proceedings;\n\t(d)\tthe Tribunal may make an order for costs against a party to proceedings for internal review, but only if the Tribunal is satisfied that the institution of the proceedings, or the party's conduct in relation to the proceedings, was frivolous, vexatious or calculated to cause delay;\n\t(e)\tan appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 must be instituted within 14 days—\n\t(i)\tafter the making of the decision to which the appeal relates; or\n\t(ii)\tafter being furnished with the reasons for that decision,\nwhichever is the later (but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that period (even if the time for instituting the appeal has expired));\n\t(f)\tno order for costs may be made against an applicant in an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 if he or she is the person to whom the decision appealed against relates.\nPart 3B—Special provisions relating to Tribunal\n18I—Tribunal must give notice of proceedings\n\t(1)\tThe Tribunal must give the following persons reasonable notice of the time and place of the hearings of proceedings before the Tribunal:\n\t(a)\tthe applicant;\n\t(b)\tthe person to whom the proceedings relate;\n\t(c)\tthe Public Advocate;\n\t(d)\tsuch other persons as the Tribunal considers have a proper interest in the matter.\n\t(2)\tDespite subsection (1)—\n\t(a)\tthe Tribunal is not obliged to give notice of proceedings to a person if the person's whereabouts cannot, after reasonable enquiries, be ascertained; and\n\t(b)\tthe Tribunal may, if satisfied that urgent action is required in proceedings before the Tribunal, make an order (or any other decision) as a matter of urgency without complying with subsection (1), with effect for a period not exceeding 21 days as directed by the Tribunal.\n18J—Reasons for decisions\nThe Tribunal must, on request by a person who has a right of internal review of a decision of the Tribunal or who satisfies the Tribunal that he or she has a proper interest in the matter, furnish the person with a written statement of the Tribunal's reasons for the decision, but not—\n\t(a)\tif the request is made after the period for the review has expired; or\n\t(b)\tif a review has been instituted—after the review has been decided.\n18K—Representation of person who is subject of proceedings\n\t(1)\tA person who is the subject of proceedings before the Tribunal is entitled to appear before the Tribunal by—\n\t(a)\tthe Public Advocate; or\n\t(b)\texcept in the case of an internal review—a recognised advocate.\n\t(2)\tSubsection (1) applies in addition to section 56(1) of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(3)\tIn this section—\nrecognised advocate means a person who is, by instrument in writing, recognised by the Tribunal as a person who is qualified to act as an advocate in proceedings before the Tribunal for the person to whom the proceedings relate.\nPart 4—Regulations\n19—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may make provisions of a saving or transitional nature.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified person or body.\nSchedule 3—Transitional provisions\n2—Transitional provisions\n\t(1)\tDespite the repeal of the Natural Death Act 1983, a direction made under that Act remains effective, subject to revocation or amendment by the person who made it, as a statement of that person's desire not to be subjected to extraordinary measures as defined in that Act to prolong life if suffering from a terminal illness.\n\t(2)\tIf before the commencement of this Act a person granted an enduring power of attorney and purported to confer on the agent power to decide questions about the medical treatment of the grantor of the power in the event of the grantor's incapacity to do so, that power of attorney is as valid and effective as if it had been made under this Act.\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 this Act (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.\nLegislation repealed by principal Act\nThe Consent to Medical Treatment and Palliative Care Act 1995 repealed the following:\nConsent to Medical and Dental Treatment Act 1985\nNatural Death Act 1983\nLegislation amended by principal Act\nThe Consent to Medical Treatment and Palliative Care Act 1995 amended the following:\nGuardianship and Administration Act 1993\nMental Health Act 1993\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1995\n26\n Consent to Medical Treatment and Palliative Care Act 1995\n27.4.1995\n30.11.1995 (Gazette 30.11.1995 p1500) except s 14—30.5.1996: s 2(3)\n2004\n12\n Consent to Medical Treatment and Palliative Care (Prescribed Forms) Amendment Act 2004\n13.5.2004\n1.7.2004 (Gazette 3.6.2004 p1716)\n2010\n5\n Health Practitioner Regulation National Law (South Australia) Act 2010\n1.7.2010\nSch 1 (cl 5)—1.7.2010 (Gazette 1.7.2010 p3338)\n2013\n12\n Advance Care Directives Act 2013\n18.4.2013\nSch 1 (cll 2—13, 32—34, 36 & 37)—1.7.2014 (Gazette 6.2.2014 p546)\n2014\n26\nStatutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 5 (ss 30—43)—29.3.2015 (Gazette 5.3.2015 p883)\n2021\n29\nVoluntary Assisted Dying Act 2021\n1.7.2021\nSch 1 (cl 5)—31.1.2023 (Gazette 11.8.2022 p2489)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.7.2004\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2004\ns 3\n(a)(ii) deleted by 12/2013 Sch 1 cl  2(1)\n1.7.2014\n\namended by 12/2013 Sch 1 cl 2(2)\n1.7.2014\ns 4\n\n\ns 4(1)\ns 4 redesignated as s 4(1) by 12/2013 Sch 1 cl 3(9)\n1.7.2014\nanticipatory direction\ndeleted by 12/2013 Sch 1 cl 3(1)\n1.7.2014\nadvance care directive\ninserted by 12/2013 Sch 1 cl 3(1)\n1.7.2014\nauthorised witness\ndeleted by 12/2013 Sch 1 cl 3(2)\n1.7.2014\navailable\ndeleted by 12/2013 Sch 1 cl 3(3)\n1.7.2014\ndecision\ninserted by 26/2014 s 30(1)\n29.3.2015\ndentist\nsubstituted by 12/2004 s 4\n1.7.2004\n\nsubstituted by 5/2010 Sch 1 cl 5(1)\n1.7.2010\nGuardianship Board\ninserted by 12/2013 Sch 1 cl 3(4)\n1.7.2014\n\ndeleted by 26/2014 s 30(2)\n29.3.2015\nimpaired decision-making capacity \ninserted by 12/2013 Sch 1 cl 3(4)\n1.7.2014\ninternal review\ninserted by 26/2014 s 30(3)\n29.3.2015\nmedical agent\ndeleted by 12/2013 Sch 1 cl 3(5)\n1.7.2014\nmedical practitioner\nsubstituted by 5/2010 Sch 1 cl 5(2)\n1.7.2010\nmedical treatment\nsubstituted by 12/2013 Sch 1 cl 3(6)\n1.7.2014\nparent\nsubstituted by 12/2013 Sch 1 cl 3(7)\n1.7.2014\npersistent vegetative state\ninserted by 12/2013 Sch 1 cl 3(7)\n1.7.2014\nPublic Advocate\ninserted by 12/2013 Sch 1 cl 3(7)\n1.7.2014\n\nsubstituted by 26/2014 s 30(4)\n29.3.2015\nrepresentative\nsubstituted by 12/2013 Sch 1 cl 3(8)\n1.7.2014\nsubstitute decision-maker\ninserted by 12/2013 Sch 1 cl 3(8)\n1.7.2014\nTribunal\ninserted by 26/2014 s 30(5)\n29.3.2015\ns 4(2)—(5)\ninserted by 12/2013 Sch 1 cl 3(9)\n1.7.2014\nss 4A and 4B\ninserted by 12/2013 Sch 1 cl 4\n1.7.2014\ns 4C\ninserted by 29/2021 Sch 1 cl 5\n31.1.2023\ns 5\ndeleted by 12/2013 Sch 1 cl 5\n1.7.2014\nPt 2\n\n\nheading\namended by 12/2013 Sch 1 cl 6\n1.7.2014\nPt 2 Div 2 before deletion by 12/2013\n\n\ns 7\n\n\ns 7(2)\namended by 12/2004 s 5\n1.7.2004\nPt 2 Div 2\ndeleted by 12/2013 Sch 1 cl 7\n1.7.2014\nPt 2 Div 3 before deletion by 12/2013\n\n\ns 8\n\n\ns 8(2)\namended by 12/2004 s 6\n1.7.2004\nPt 2 Div 3\ndeleted by 12/2013 Sch 1 cl 7\n1.7.2014\nPt 2 Div 5\n\n\ns 13\n\n\ns 13(1)\namended by 12/2013 Sch 1 cl 8(1)—(3)\n1.7.2014\ns 13(1a)\ninserted by 12/2013 Sch 1 cl 8(4)\n1.7.2014\ns 13(2)\namended by 12/2013 Sch 1 cl 8(5)\n1.7.2014\ns 13(2a)\ninserted by 12/2013 Sch 1 cl 8(6)\n1.7.2014\ns 13(3)\nsubstituted by 12/2013 Sch 1 cl 8(7)\n1.7.2014\ns 13(4)\namended by 12/2013 Sch 1 cl 8(8)\n1.7.2014\ns 13(4a)\ninserted by 12/2013 Sch 1 cl 8(9)\n1.7.2014\nPt 2 Div 6\ndeleted by 12/2013 Sch 1 cl 9\n1.7.2014\nPt 2A\ninserted by 12/2013 Sch 1 cl 10\n1.7.2014\ns 14\n\n\ns 14(1)\n\n\nperson responsible\namended by 26/2014 s 31(1), (2)\n29.3.2015\nPt 3\n\n\ns 17\n\n\ns 17(2)\nsubstituted by 12/2013 Sch 1 cl 11\n1.7.2014\nPt 3A\ninserted by 12/2013 Sch 1 cl 12\n1.7.2014\nheading\nsubstituted by 26/2014 s 32\n29.3.2015\nPt 3A Div 1\n\n\ns 18A\n\n\neligible person\namended by 26/2014 s 33\n29.3.2015\nPt 3A Div 2\n\n\ns 18C\n\n\ns 18C(5)\namended by 26/2014 s 34(1)\n29.3.2015\ns 18C(8)\namended by 26/2014 s 34(1), (2)\n29.3.2015\ns 18D\n\n\ns 18D(1)\namended by 26/2014 s 35\n29.3.2015\ns 18DA\ninserted by 26/2014 s 36\n29.3.2015\nPt 3A Div 3\n\n\nheading\nsubstituted by 26/2014 s 37\n29.3.2015\ns 18E\n\n\ns 18E(1)\namended by 26/2014 s 38(1)\n29.3.2015\ns 18E(2) and (3)\ndeleted by 26/2014 s 38(2)\n29.3.2015\ns 18E(4) and (5)\namended by 26/2014 s 38(1)\n29.3.2015\ns 18E(7)\nsubstituted by 26/2014 s 38(3)\n29.3.2015\ns 18E(8)\namended by 26/2014 s 38(1)\n29.3.2015\ns 18E(10)\nsubstituted by 26/2014 s 38(4)\n29.3.2015\ns 18F\n\n\ns 18F(1)\namended by 26/2014 s 39\n29.3.2015\ns 18G\n\n\ns 18G(1)\namended by 26/2014 s 40\n29.3.2015\nPt 3A Div 4\nsubstituted by 26/2014 s 41\n29.3.2015\nPt 3B\ninserted by 26/2014 s 42\n29.3.2015\nPt 4\n\n\ns 19\nsubstituted by 12/2013 Sch 1 cl 13\n1.7.2014\nSchs 1 and 2\ndeleted by 12/2004 s 7\n1.7.2004\nSch 3\n\n\ncll 2, 3 and 4\nomitted under Legislation Revision and Publication Act 2002\n1.7.2004\nTransitional etc provisions associated with Act or amendments\nAdvance Care Directives Act 2013, Sch 1 Pt 8—Transitional provisions\n32—Transitional provisions relating to anticipatory directions under Consent to Medical Treatment and Palliative Care Act 1995\n\t(1)\tA direction given by a person under section 7 of the Consent to Medical Treatment and Palliative Care Act 1995 that is in force immediately before the commencement of clause 7 of this Schedule will, on the commencement of that clause, be taken to be an advance care directive given in accordance with this Act.\nNote—\nSee also clause 36.\n\t(2)\tA provision of such a direction of a kind contemplated by section 6 or 12(1) of this Act will be taken to be void and of no effect.\n\t(3)\tAn advance care directive contemplated by this clause—\n\t(a)\twill be taken to have been given by the person who gave the direction; and\n\t(b)\twill be taken to contain such provisions as may be necessary to give effect to the direction (but no other provision); and\n\t(c)\twill be taken to contain a provision limiting the circumstances in which the advance care directive has effect to the circumstances contemplated by section 7(1) of the Consent to Medical Treatment and Palliative Care Act 1995 (as in force immediately before the commencement of clause 7 of this Schedule).\nNote—\nThose circumstances are limited to where the person is in the terminal phase of a terminal illness, or in a persistent vegetative state, and is incapable of making decisions about medical treatment when the question of administering the treatment arises.\n\t(4)\tAny relevant condition or limitation contained in the direction will be taken to apply to an advance care directive contemplated by this section.\n\t(5)\tThe prescribed form by which the direction under section 7 of the Consent to Medical Treatment and Palliative Care Act 1995 was given will, for all purposes, be taken to be an advance care directive form.\n\t(6)\tA reference in any instrument or document to a direction under section 7 of the Consent to Medical Treatment and Palliative Care Act 1995 (however described) will be taken to be a reference to the advance care directive contemplated by this clause.\n33—Transitional provisions relating to medical agents under Consent to Medical Treatment and Palliative Care Act 1995\n\t(1)\tA medical power of attorney appointing an agent under section 8 of the Consent to Medical Treatment and Palliative Care Act 1995 that is in force immediately before the commencement of clause 7 of this Schedule will, on the commencement of that clause, be taken to be an advance care directive given in accordance with this Act.\nNote—\nSee also clause 36.\n\t(2)\tA provision of such a medical power of attorney of a kind contemplated by section 6 or 12(1) of this Act will be taken to be void and of no effect.\n\t(3)\tAn advance care directive contemplated by this clause—\n\t(a)\twill be taken to have been given by the person who gave the medical power of attorney; and\n\t(b)\twill be taken to appoint each agent appointed by the medical power of attorney as a substitute decision‑maker under the advance care directive; and\n\t(c)\twill be taken to 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 agent (but no other provision).\n\t(4)\tAny relevant condition or limitation contained in the medical power of attorney will be taken to apply to an advance care directive contemplated by this section.\n\t(5)\tThe prescribed form by which the medical power of attorney was given will, for all purposes, be taken to be an advance care directive form.\n\t(6)\tA reference in any instrument or document to a medical power of attorney or agent under section 8 of the Consent to Medical Treatment and Palliative Care Act 1995 (however described) will be taken to be a reference to the advance care directive or substitute decision‑maker contemplated by this clause (as the case requires).\n34—Transitional provisions relating to other instruments continued under Consent to Medical Treatment and Palliative Care Act 1995\n\t(1)\tA direction or enduring power of attorney continued in force pursuant to Schedule 3 of the Consent to Medical Treatment and Palliative Care Act 1995 and that is in force immediately before the commencement of this clause will, on the commencement of Part 2 of this Schedule, be taken to be an advance care directive given in accordance with this Act.\nNote—\nSee also clause 36.\n\t(2)\tA provision of such a direction or enduring power of attorney of a kind contemplated by section 6 or 12(1) of this Act will be taken to be void and of no effect.\n\t(3)\tAn advance care directive contemplated by this clause—\n\t(a)\twill be taken to have been given by the person who gave the direction or enduring power of attorney (as the case requires); and\n\t(b)\tin the case of an advance care directive related to a direction—will be taken to contain such provisions as may be necessary to give effect to the direction (but no other provision); and\n\t(c)\tin the case of an advance care directive related to an enduring power of attorney—will be taken to appoint each agent appointed by the enduring power of attorney as a substitute decision‑maker under the advance care directive; and\n\t(d)\twill be taken to 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 agent under the enduring power of attorney (but no other provision).\n\t(4)\tAny condition or limitation contained in the direction or enduring power of attorney (as the case requires) will be taken to apply to an advance care directive contemplated by this section.\n\t(5)\tAny instrument by which the direction or enduring power of attorney was given will, for all purposes, be taken to be an advance care directive form.\n\t(6)\tA reference in any instrument or document to a direction or enduring power of attorney to which this clause relates (however described) will be taken to be a reference to the advance care directive contemplated by this clause.\n36—Only 1 advance care directive to be created\n\t(1)\tIf 2 or more of clauses 32, 33, 34 or 35 apply in respect of a particular person, the person will, for the purposes of this or any other Act, be taken to have given 1 advance care directive containing, or subject to, the relevant provisions (in addition to any other applicable provisions under this Act).\n\t(2)\tIn this clause—\nrelevant provisions means—\n\t(a)\tif clause 32 applies in respect of the person—clause 32(2), (3) and (4); and\n\t(b)\tif clause 33 applies in respect of the person—clause 33(2), (3) and (4); and\n\t(c)\tif clause 34 applies in respect of the person—clause 34(2), (3) and (4); and\n\t(d)\tif clause 35 applies in respect of the person—clause 35(2), (3) and (4).\n37—Disputes\nA dispute arising out of the operation of this Schedule will be taken to be a matter to which Part 7 of this Act applies.\nStatutes Amendment (SACAT) Act 2014\n43—Transitional provisions\n\t(1)\tIn this section—\nGuardianship Board means the Guardianship Board established under the Guardianship and Administration Act 1993;\nprincipal Act means the Consent to Medical Treatment and Palliative Care Act 1995;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\n\t(2)\tA right to make any application or referral, or to seek a review, under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Guardianship Board, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(3)\tAny proceedings before the Guardianship Board under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.\n\t(4)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Guardianship Board, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Guardianship Board that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a declaration), direction or order in relation to proceedings before the Guardianship Board before the relevant day (including so as to make a decision or declaration, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(5)\tNothing in this section affects a right to appeal to the Administrative and Disciplinary Division of the District Court against a decision, direction or order of the Guardianship Board made or given before the relevant day.\nHistorical versions\n1.7.2004\n\n1.7.2010\n\n1.7.2014\n\n29.3.2015\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was not available. The page returned a 404 error due to a website migration on 24 March 2026. No comparison between original intent and current provisions is possible from the available content."},"complexity_factors":["No legislative text was retrievable — analysis is based solely on a website error page","The Act title and general subject matter are known, allowing only a high-level contextual summary","No provisions, definitions, schedules, or amendments could be reviewed","Complexity of the actual Act cannot be assessed without its text"],"plain_english_summary":"**⚠️ Content Unavailable — Page Not Found**\n\nThe legislation you've attempted to retrieve — the *Consent to Medical Treatment and Palliative Care Act 1995* (SA) — could not be accessed. The source URL returned a **404 \"Page Not Found\" error**, likely because bookmarks or hyperlinks created before 24 March 2026 are no longer compatible with the updated South Australian legislation website.\n\n**What is known about this Act in general terms:**\nThis is a South Australian law that governs how adults (and in some cases, minors) can consent to — or refuse — medical treatment. It also covers **palliative care** (end-of-life comfort care focused on relieving pain rather than curing illness). Key features of this type of legislation typically include:\n\n- The right of competent adults to refuse medical treatment, even if that refusal may result in death\n- Rules around **advance care directives** (written instructions about your medical wishes if you become unable to speak for yourself)\n- Who can make medical decisions on behalf of someone who lacks the mental capacity to decide for themselves\n- Protections for medical professionals who act in good faith on a patient's stated wishes\n\n**Who it affects:** Patients, their families, doctors, nurses, hospitals, and anyone who wants to plan ahead for serious illness or end-of-life care in South Australia.\n\n**To access the actual text**, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Act by name directly."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1995 Act focused on consent to medical treatment and palliative care. However, significant amendments in 2013 (Advance Care Directives Act) and 2014 (SACAT Act) substantially expanded the scope. The 2013 amendments removed the Act's own regime for 'anticipatory directions' and 'medical agents', instead folding these into a separate Advance Care Directives Act while retaining this Act for procedural and transitional purposes. The 2014 amendments replaced the Guardianship Board with the South Australian Civil and Administrative Tribunal, adding extensive dispute resolution machinery (Parts 3A and 3B) that goes well beyond the original medical consent framework. The 2021 amendment added section 4C to explicitly exclude voluntary assisted dying, recognising the Act's scope had to be narrowed to accommodate new end-of-life legislation. The Act has evolved from a standalone medical consent statute into a complex node coordinating multiple legislative schemes."},"complexity_factors":["Multiple overlapping legislative schemes: The Act interacts with the Advance Care Directives Act 2013, Guardianship and Administration Act 1993, Voluntary Assisted Dying Act 2021, and South Australian Civil and Administrative Tribunal Act 2013, requiring cross-referencing","Hierarchical decision-making structure: Section 14 defines a 5-tier hierarchy for 'person responsible' (guardian → prescribed relative → friend → carer → Tribunal) with specific definitions for 'prescribed relative' including Aboriginal kinship rules","Conditional exceptions throughout: Emergency treatment provisions (s 13) contain nested conditions including exceptions for when supporting opinions aren't practicable, inquiries about advance care directives aren't required, and override provisions for children","Dual definitions: 'Medical treatment' has different definitions in Part 2 (general) and Part 2A (impaired capacity), with the latter expanded to include 'health care' and other practitioners","Transitional complexity: The Act contains extensive transitional provisions converting old 'anticipatory directions' and 'medical powers of attorney' into new 'advance care directives' under the 2013 Act","Dispute resolution machinery: Parts 3A and 3B establish detailed procedural rules for mediation, Tribunal hearings, reviews, and appeals with specific standing rules and limitations","Criminal offence provision: Section 14D creates a criminal offence (2 years imprisonment) for unauthorised persons purporting to give consent, requiring proof of knowledge or reckless indifference"],"plain_english_summary":"This South Australian law sets the rules for who can agree to medical treatment and how decisions are made for people who can't decide for themselves.\n\n**What it does:**\n\n*   **For adults (16+):** People aged 16 or older can make their own medical decisions just like any adult. They can say yes or no to treatment after being properly informed.\n\n*   **For children (under 16):** A parent or guardian usually decides. But if a child agrees AND two doctors think the child understands the treatment and it's in their best interests, the treatment can go ahead.\n\n*   **Emergency treatment:** Doctors can treat someone without consent if it's urgently needed to save life or health, provided they check for any advance care directive (a written instruction made beforehand) and follow specific rules.\n\n*   **People who can't make decisions:** If someone has \"impaired decision-making capacity\" (can't understand, remember, or communicate decisions about their care), a \"person responsible\" can decide for them. This person is chosen from a hierarchy: guardian first, then close relatives, then close friends, then carers. They must decide what the patient would have wanted.\n\n*   **Palliative care (comfort care for the dying):** The law protects doctors who give pain relief to dying patients, even if a side effect is that life ends sooner. It also says doctors don't have to use life support just to keep someone alive when there's no real hope of recovery, and must stop life support if the patient or their representative asks.\n\n*   **Dispute resolution:** If people disagree about treatment decisions, the Public Advocate can help mediate, or the South Australian Civil and Administrative Tribunal can make binding decisions.\n\n**Who it affects:**\n\n*   Patients and their families\n*   Doctors, dentists, and other health practitioners\n*   Guardians and substitute decision-makers\n*   The Public Advocate and the Tribunal\n\n**Why it matters:**\n\nThis law balances personal autonomy (the right to make your own choices) with protection for vulnerable people. It ensures clear rules for emergencies, protects doctors acting in good faith, and provides a pathway for resolving conflicts about medical care. It also explicitly excludes voluntary assisted dying (which is covered by a separate 2021 law)."}},"importantCases":[],"_links":{"self":"/api/acts/consent-to-medical-treatment-and-palliative-care-act-1995","history":"/api/acts/consent-to-medical-treatment-and-palliative-care-act-1995/history","analysis":"/api/acts/consent-to-medical-treatment-and-palliative-care-act-1995/analysis","conflicts":"/api/acts/consent-to-medical-treatment-and-palliative-care-act-1995/conflicts","importantCases":"/api/acts/consent-to-medical-treatment-and-palliative-care-act-1995/important-cases","documents":"/api/acts/consent-to-medical-treatment-and-palliative-care-act-1995/documents"}}