The Supreme Court may make an urgent review of the decision of a substitute decision-maker appointed under an advance care directive, on the application of:
- a health practitioner responsible (whether solely or with others) for the health care of a person who has given an advance care directiver
- any person who has, in the opinion of the Court, a proper interest in the exercise of powers by the substitute decision-maker.
The review is limited to ensuring that the substitute decision-maker's decision is in accordance with the advance care directive and the Advance Care Directives Act 2013 (SA) [s 52(2)(a)]. The review cannot be undertaken in respect of a decision to withdraw or withhold health care if the person who gave the advance care directive is in the advanced stages of an illness without any real prospect of recovery and the effect of the health care would be merely to prolong the person's life [s 52(2)(b)].
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