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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-07-01 Daily Xml
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ADVANCE DIRECTIVES

The Hon. S.W. KEY (Ashford) (15:51): I rise today to speak about the issue of advance directives. Advance directives are directives that people can make to appoint others to make decisions for them in the event that they lose the capacity to make those decisions themselves, and to express their wishes over decisions in respect of their health, residential and other lifestyle issues, and the management of their finances.

At present in South Australia there are four types of advance directives that a person may make, and these are provided for in three different acts. First, the Consent to Medical Treatment and Palliative Care Act 1995 contains provisions for medical powers of attorney for anticipatory directions through which people can make advance directives for health and medical treatment decisions. There are also provisions in the Guardianship and Administration Act 1993 for people to create enduring powers of guardianship in respect of health and lifestyle decisions. The third act is the Powers of Attorney and Agency Act 1984, which contains provisions for people to appoint enduring powers of attorney for financial decisions to be made.

As members of this house would be aware, our electorate offices and ourselves are often asked to assist constituents to witness forms needed for them to make advance directives. As members would also be aware, many people need help in completing advance directive forms. They often find the forms confusing and complicated. People are also confused as to what type of advance directive or directives they should be completing for different purposes. This is an issue that is particularly important to me because people need to have some assistance when they are making end-of-life decisions or decisions for their future. It seems to me that we need to bring back the campaign for plain English and plain process so that people can understand and have some choice over the decisions they make.

However, I am pleased to report that the Rann government has been looking into this issue of improving the process and simplifying the South Australian advance directives regime through an excellent review committee it appointed. This committee was chaired by the Hon. Martyn Evans, and included Public Advocate John Harley, former public trustee Judith Worrall, and the Executive Director of Aboriginal Health April Lawrie-Smith, as well as people with extensive experience in palliative care, legal and medical nursing, and the risk management professions.

It was supported by an expert advisory panel that gave the committee access to expertise from a wide range of relevant sources. In October last year, the government released two reports. The first report makes recommendations for changes to law and policy and, in particular, recommends four different types of advance directives to be consolidated in one advance directives act. It proposes that the Powers of Attorney and Agency Act 1984 be renamed the Advance Directive Act and that the provisions for advance directives contained in the guardianship act and the Consent to Medical Treatment and Palliative Care Act be removed and transferred to a new advance directives act.

The review committee also recommended that health and personal advance directives be amended so that they are better aligned with the advance directive provisions in the guardianship act. There was also a second report in relation to implementation and communication strategies. It was recommended that forms be simplified and the guidelines be easy to read for their completion. Certainly something that I really endorse.

The committee made extensive use of international research and conducted wide community consultations in South Australia that found that the success of a new advance directive regime will require an integrated and ongoing campaign to better explain to the community—and I would say probably members of this house—how this new advance directives process will work. There is also a recommendation that ongoing professional education be available to ensure that health, aged care, financial and community care professionals understand the new scheme for advance directives. I commend the government for initiating and supporting the work of the Advance Directives Review Committee and look forward to a speedy introduction of relevant legislative amendments.

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