Under the Advance Care Directives Act 2013 (SA), the Office of the Public Advocate may give preliminary assistance to help resolve a dispute about an advance care directive [s 45(1)]. This might include ensuring the people involved are aware of their rights and obligations, identifying issues in dispute, canvassing options, and facilitating communication between the parties.

The Office of the Public Advocate may also mediate disputes [s 45(2)]. Information exchanged during a mediation pursuant to section 45(2) remains confidential and is not subject to an application under the Freedom of Information Act 1991 (SA) [Freedom of Information (Exempt Agency) Regulations 2023 reg 13(c)].

The Office of the Public Advocate may refer a matter it is mediating or a dispute it is assisting with to SACAT on the basis that it would be more appropriate for the matter to be dealt with by SACAT [ss 45(3), 46].

From 1 March 2024, the Office of the Public Advocate will no longer be able to make declarations about matters such as the nature and scope of a person's powers and responsibilities under an advance care directive and whether or not the person who gave the advance care directive has impaired decision-making capacity in relation to a specified decision, as was previously available under s 45(5).

The Office of the Public Advocate may refer any question of law for the opinion of the Supreme Court [s 46A].

See the Office of the Public Advocate'swebsite for more information.