South Australian Consolidated Acts South Australian Consolidated Acts10—Review of medical agent's decision
(1) The Supreme Court
may, on the application of—
(a) the
medical practitioner responsible for the treatment of the grantor of a medical
power of attorney; or
(b) any
person who has in the opinion of the Court a proper interest in the exercise
of powers conferred by a medical power of attorney,
review the decision of a medical agent.
(2) The Court may not
review a decision by a medical agent to discontinue treatment if—
(a) the
grantor is in the terminal phase of a terminal illness; and
(b) the
effect of the treatment would be merely to prolong life in a moribund state
without any real prospect of recovery.
(3) The purpose of the
review is—
(a) to
ensure that the medical agent's decision is in accordance with lawful
conditions and directions contained in the medical power of attorney and, if
the grantor of the power has also given an anticipatory direction, is
consistent with that direction; and
(b) to
ensure as far as possible that the medical agent's decision is in accordance
with what the grantor would have wished if the grantor had been able to
express his or her wishes.
(4) A decision of a
medical agent that is not contrary to lawful conditions and directions given
by the grantor will, in the absence of proof to the contrary, be presumed to
be in accordance with what the grantor would have wished if the grantor had
been able to express his or her wishes but this presumption does not apply
if—
(a) the
grantor is not in the terminal phase of a terminal illness; and
(b) the
effect of the medical agent's decision would be to expose the grantor to risk
of death or exacerbate the risk of death.
(5) The Court
may—
(a)
confirm, cancel, vary or reverse the decision of the medical agent; and
(b) give
advice and directions that may be necessary or desirable in the circumstances
of the case.
(6) The Court must
conduct a review under this section as expeditiously as possible.
(7) A person must not
publish by newspaper, radio or television a statement or representation—
(a) by
which the identity of a person who is, or has been, the subject of
proceedings under this section (the "patient") is revealed; or
(b) from
which the identity of a person who is, or has been, the subject
of proceedings under this section (the "patient") might be inferred.
Penalty: $10 000.
(8)
Subsection (7)—
(a)
ceases to apply if or when the patient recovers and then gives his or her
consent to the publication of the information; or
(b)
ceases to apply after the death of the patient.
(9) In
subsection (7)—
"newspaper" includes any journal, magazine or other publication that is
published daily or at periodic intervals.