South Australian Current Acts South Australian Current Acts (1) In this
Part—
"health 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;
"health practitioner" means a person who practises 1 or more of the
following:
(a) a
health profession (within the meaning of the Health Practitioner Regulation
National Law (South Australia) );
(b) any
other profession or practice declared by the regulations to be included in the
ambit of this definition;
"medical practitioner", in respect of particular health care, includes a
health practitioner practising in the relevant profession or practice;
"medical treatment" includes health care;
"patient" means a person to whom medical treatment is, or is proposed to be,
administered pursuant to this Part;
"person responsible" for a patient means—
(a) if 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
(b) if
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
(c) if
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
(d) if
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
(e) if
none of the preceding paragraphs apply, or otherwise with the permission of
the Tribunal—the Tribunal on the application of—
(i)
a prescribed relative of the patient; or
(ii)
the medical practitioner proposing to give the treatment;
or
(iii)
any other person who the Tribunal is satisfied has a
proper interest in the matter;
"prescribed relative"—the following persons are prescribed relatives of
a patient:
(a) a
person who is legally married to the patient;
(b) an
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);
(c) an
adult related to the patient by blood or marriage;
(d) an
adult related to the patient by reason of adoption;
(e) an
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).
(2) If a man and woman
are married according to Aboriginal tradition, they will be regarded as
legally married for the purposes of this Part.