South Australian Consolidated Acts

CONSENT TO MEDICAL TREATMENT AND PALLIATIVE CARE ACT 1995 - SECT 4

4—Interpretation

In this Act, unless the contrary intention appears—

"administration" of medical treatment includes the prescription or supply of drugs;

"anticipatory direction"—See section 7;

"authorised witness" means—

            (a)         a justice of the peace; ¹ or

            (b)         a commissioner for taking affidavits in the Supreme Court; or

            (c)         a member of the clergy; or

            (d)         a registered pharmacist;

"available"—For availability of medical agent to act under medical power of attorney, see section 9(2) ;

"child" means a person under 16 years of age;

"dentist" means a person who is registered on the register of dentists or register of specialists under the Dental Practice Act 2001 ;

"guardian" means a person acting or appointed under any Act or law as the guardian of another;

"life 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;

"medical agent" means a person empowered to consent or refuse consent to medical treatment under a medical power of attorney;

"medical practitioner" means a person who is registered on the general register under the Medical Practitioners Act 1983 and includes a dentist;

"medical treatment" means treatment or procedures administered or carried out by a medical practitioner in the course of medical or surgical practice or by a dentist in the course of dental practice and includes the prescription or supply of drugs;

"palliative care" means measures directed at maintaining or improving the comfort of a patient who is, or would otherwise be, in pain or distress;

"parent" includes a person in loco parentis;

"representative" means a person who is empowered by medical power of attorney or some other lawful authority to make decisions about the medical treatment of another when the other is incapable of making decisions for her/himself;

"terminal illness" means an illness or condition that is likely to result in death;

"terminal 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).

Note—

1         Section 34 of the Oaths Act 1936 provides that where provision is made by an Act for the attestation of an instrument by a justice, the provision is complied with if the witness is a justice, a proclaimed postmaster, a proclaimed bank manager, or a proclaimed member of the police force.