South Australia
	Advanced Care Directives Bill 2012
			        
				
    
		What follows are the parts of  the
		
		Advanced Care Directives Bill 2012 that 
	pertain to protection of freedom of conscience.  Note the following:
		
		
			- Section 3 defines health care and medical treatment in such a 
			way that the terms include nutrition and hydration.
- Section 6 limits patients to refusing health care and medical 
			treatment (as defined).  They are not permitted to demand 
			health care or medical treatment (as defined), which is provided 
			solely at the discretion of the health care provider.
- Section 12 prevents patients from making demands for actions 
			that would be illegal or contrary to a professional standards or 
			code of conduct.
- Section 1
				- Section 12(3) excludes institutional or denominational 
				standards or ethical codes from this saving, so that they can be 
				overridden by patient demands.
 
- Section 37 requires conscientious objectors to facilitate the 
			provision of the services to which they object.   
As ov 30 November, 2012, the bill had passed the House of Assembly 
		and was before the Legislative Council, the upper house in the South 
		Australian Parliament.
	 
		37-Conscientious objection
		(1) Despite any other provision of this Act, a health practitioner 
		may refuse to comply with a provision of an advance care directive 
		(whether binding or non-binding) on conscientious grounds.
		(2) However, if a health practitioner refuses to comply with a 
		provision of an advance
		care directive under subsection (1), he or she must take reasonable 
		steps to-
		(a) provide the person who gave the advance care 
		directive, or a substitute
		decision-maker appointed under the advance care directive, the name and
		contact information of another health practitioner practising in the 
		relevant
		field who the health practitioner reasonably believes will not refuse to 
		comply
		with the provision on conscientious grounds; and
		(b) if the person or the substitute decision-maker 
		so requires, provide a referral to that health practitioner.