South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"administration order" means a full or limited administration order under this
Act appointing an administrator of the whole or a part of a person's estate;
"administrator" means a person appointed as an administrator under an
administration order;
"authorised witness" means—
(a) a
justice of the peace for this State or any other State or Territory of the
Commonwealth; or
(b) a
commissioner for taking affidavits in the Supreme Court; or
(c) a
notary public;
"dental treatment" means treatment or procedures carried out by a dentist in
the course of dental practice;
"dentist" means a person who is registered as a dental practitioner under the
law of this State;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"enduring guardian" means a person appointed as an enduring guardian under
Part 3;
"guardian" means a person appointed as a guardian under a guardianship order;
"guardian appointed under this Act" means an enduring guardian or a guardian
appointed under a guardianship order;
"guardianship order" means an order under this Act placing a person under full
or limited guardianship;
"health professional" means a person who is authorised under the law of this
State to practise any of the following professions:
(a)
chiropractic or osteopathy;
(b)
nursing;
(c)
occupational therapy;
(d)
optometry;
(e)
pharmacy;
(f)
physiotherapy;
(g)
podiatry;
(h)
psychology;
"medical agent" means a person appointed under a medical power of attorney
under the Consent to Medical Treatment and Palliative Care Act 1995 to be
the medical agent of another;
"medical practitioner" means a person who is registered as a
medical practitioner under the law of this State;
"medical treatment" means treatment or procedures administered or carried out
by a medical practitioner or other health professional in the course of
professional practice and includes the prescription or supply of drugs;
"mental incapacity" means the inability of a person to look after his or her
own health, safety or welfare or to manage his or her own affairs, as a result
of—
(a) any
damage to, or any illness, disorder, imperfect or delayed development,
impairment or deterioration, of the brain or mind; or
(b) any
physical illness or condition that renders the person unable to communicate
his or her intentions or wishes in any manner whatsoever;
"mentally incapacitated person" means a person with a mental incapacity;
"person to whom the proceedings relate", in relation to any proceedings before
the Board or a court, means the person who has or is alleged to have a
mental incapacity or mental illness, or the protected person, as the case may
be;
"prescribed treatment" means—
(a)
termination of pregnancy;
(b)
sterilisation;
(c) any
other medical treatment prescribed by the regulations;
"property" means any legal or equitable interest in real or personal property;
"protected person" means the person the subject of a guardianship or
administration order (or both) under this Act;
"the Public Advocate" means the person holding or acting in the office of
Public Advocate under this Act;
"recognised advocate" means a person who is, by instrument in writing,
recognised by the Board as a person who is qualified to act as an advocate in
proceedings before the Board for the person to whom the proceedings relate;
"relative" of a person means—
(a) a
spouse or domestic partner;
(b) a
parent;
(c)
someone (not being a guardian appointed under this Act) who—
(i)
if the person is under 18 years of age—acts in loco
parentis in relation to the person; or
(ii)
in any other case—is charged with overseeing the
ongoing day-to-day supervision, care and well-being of the person;
(d) a
brother or sister of or over 18 years of age;
(e) a
son or daughter of or over 18 years of age;
"spouse"—a person is the spouse of another if they are legally married;
"sterilisation" means any treatment given to a person that results in, or is
likely to result in, the person being infertile.
(2) For the purposes
of this Act, a woman who has ceased to menstruate will be regarded as being
infertile.