{"id":"a-2024-24","name":"Voluntary Assisted Dying Act 2024","slug":"voluntary-assisted-dying-act-2024","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"24 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24473,"registerId":"act-a-2024-24-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions—coordinating","content":"Schedule 1 Reviewable decisions—coordinating\npractitioner, consulting practitioner and\nadministering practitioner decisions 118\nSchedule 2 Reviewable decisions—other decisions 121\nDictionary 122\n1 About the endnotes 127\n2 Abbreviation key 127\n3 Legislation history 128\n4 Amendment history 129\n5 Earlier republications 131\n\nAn Act to regulate access to voluntary assisted dying, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Voluntary Assisted Dying Act 2024.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘health record—see the Health\nRecords (Privacy and Access) Act 1997, dictionary.’ means that the term\n‘health record’ is defined in that dictionary and the definition applies to\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects, principles and important","content":"Part 2 Objects, principles and important\nconcepts\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are to—\n(a) give individuals who are suffering and dying the option of\nrequesting assistance to end their lives; and\n(b) establish a process for individuals to exercise the option to\nrequest assistance to end their lives if they have been assessed\nas meeting the requirements to access voluntary assisted dying\nunder this Act; and\n(c) establish mechanisms to—\n(i) ensure that voluntary assisted dying is accessed only by\nindividuals who—\n(A) want to exercise the option to request assistance to\nend their lives; and\n(B) have been assessed as meeting the requirements to\naccess voluntary assisted dying under this Act; and\n(ii) protect individuals from coercion and exploitation; and\n(d) provide protection for health practitioners who choose to assist,\nor not assist, individuals to exercise the option of ending their\nlives in accordance with this Act; and\n(e) provide for the monitoring and enforcement of compliance with\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Principles of Act","content":"7 Principles of Act\nThe following principles are to be taken into account by a person in\nexercising a function under this Act:\n(a) human life is of fundamental importance;\n(b) every individual has inherent dignity and should be treated with\ncompassion and respect;\n(c) an individual’s autonomy, including autonomy in relation to end\nof life choices, should be respected;\n(d) every individual approaching the end of their life should be\nprovided with high quality, person-centred care and treatment,\nincluding palliative care, to minimise their suffering and\nmaximise their quality of life;\n(e) an individual should be supported in making informed decisions\nabout treatment and end of life choices;\n(f) individuals should be protected from coercion and exploitation;\n(g) an individual’s personal, cultural and religious beliefs and\nvalues should be respected.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Voluntary assisted dying not suicide","content":"8 Voluntary assisted dying not suicide\nFor the purposes of a territory law, and for the purposes of a contract,\ndeed or other instrument entered into in the ACT or governed by a\nterritory law, an individual who dies as the result of the administration\nof an approved substance by or to the individual in accordance with\nthis Act—\n(a) does not die by suicide; and\n(b) is taken to have died from the condition mentioned in\nsection 11 (1) (b).\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"No obligation to continue with request to access","content":"9 No obligation to continue with request to access\n(1) If an individual starts a request to access voluntary assisted dying, the\nindividual may, at any time, decide not to take any further steps in\nrelation to the request.\n(2) However, the individual does not need to start a new request if the\nindividual later decides to take further steps in relation to the request.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"When individual may access voluntary assisted dying","content":"10 When individual may access voluntary assisted dying\nAn individual may access voluntary assisted dying only if—\n(a) the individual has made a first request; and\n(b) the individual’s coordinating practitioner has decided that the\nindividual meets the eligibility requirements; and\n(c) the individual’s consulting practitioner has decided that the\nindividual meets the eligibility requirements; and\n(d) the individual has made a second request; and\n(e) the individual has made a final request; and\n(f) the individual’s coordinating practitioner has decided that the\nindividual meets the final assessment requirements; and\n(g) the individual has made an administration decision; and\n(h) if the individual has a self-administration decision in effect—a\ncontact person appointment is in effect for the individual.\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of eligibility requirements","content":"11 Meaning of eligibility requirements\n(1) For this Act, an individual meets the eligibility requirements if—\n(a) they are an adult; and\n(b) they have been diagnosed with a condition that, either on its own\nor in combination with 1 or more other diagnosed conditions, is\nadvanced, progressive and expected to cause death (the relevant\nconditions); and\n(c) they are suffering intolerably in relation to the relevant\nconditions; and\n(d) they have decision-making capacity in relation to voluntary\nassisted dying; and\n(e) their decision to access voluntary assisted dying is made\nvoluntarily and without coercion; and\n(f) they have—\n(i) lived in the ACT for at least the previous 12 months; or\n(ii) been granted an exemption under section 154.\n(2) For subsection (1) (b), an individual—\n(a) may meet the requirement mentioned in that subsection if they\nhave a disability, mental disorder or mental illness; but\n(b) does not meet the requirement mentioned in that subsection only\nbecause they have—\n(i) a disability that—\n(A) substantially impairs their communication, learning\nor mobility; and\n(B) results in the individual needing services to support\nthem to live with the disability; or\n(ii) a mental disorder or mental illness.\n\n(3) For subsection (1) (b), an individual’s relevant conditions are\nadvanced if—\n(a) the individual’s functioning and quality of life—\n(i) have declined or are declining; and\n(ii) are not expected to improve; and\n(b) any treatments for the conditions that are reasonably available\nand acceptable to the individual have lost any beneficial impact;\nand\n(c) the individual is approaching the end of their life.\n(4) For subsection (1) (c), an individual is suffering intolerably in\nrelation to their relevant conditions if—\n(a) persistent suffering (whether physical, mental or both) is being\ncaused to them by—\n(i) 1 or more of the following matters:\n(A) the relevant conditions;\n(B) the combination of the relevant conditions and any\nother condition or conditions they have been\ndiagnosed with (the other conditions);\n(C) treatment they have received for the relevant\nconditions;\n(D) the combination of treatments they have received for\nthe relevant conditions and the other conditions; or\n(ii) the anticipation or expectation, based on medical advice,\nof suffering that will or might be caused by a matter\nmentioned in subparagraph (i); or\n(iii) a medical complication that will or might result from, or be\nrelated to, a matter mentioned in subparagraph (i); and\n(b) the persistent suffering is, in their opinion, intolerable.\n\n(5) For subsection (3) (b), treatment, for an individual’s relevant\nconditions, does not include treatment that is primarily for the\npurpose of relieving a symptom of the conditions or any pain or\ndistress caused by the conditions.\n(6) For subsection (3) (c), an individual may be approaching the end of\ntheir life even if it is uncertain whether their relevant conditions will\ncause death within the next 12 months.\n(7) In this section:\ncondition means a disease, illness or other medical condition.\ndisability—see the Disability Services Act 1991, dictionary.\nmental disorder—see the Mental Health Act 2015, section 9.\nmental illness—see the Mental Health Act 2015, section 10.\nprogressive—an individual’s condition is progressive if their\ncondition is deteriorating and will continue to deteriorate.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of decision-making capacity","content":"12 Meaning of decision-making capacity\n(1) For this Act, an individual has decision-making capacity in relation\nto voluntary assisted dying if they can—\n(a) understand the facts that relate to a decision about accessing\n(b) understand the main choices available to them in relation to the\ndecision; and\n(c) weigh up the consequences of the main choices; and\n(d) understand how the consequences affect them; and\n(e) on the basis of paragraphs (a) to (d), make the decision; and\n(f) communicate the decision in whatever way they can.\n\n(2) An individual must be assumed to have decision-making capacity in\nrelation to voluntary assisted dying unless it is established that they\ndo not have decision-making capacity in relation to voluntary assisted\ndying.\n(3) In deciding whether an individual has decision-making capacity in\nrelation to voluntary assisted dying, the following must be taken into\naccount:\n(a) an individual’s decision-making capacity is particular to the\ndecision they are to make;\n(b) an individual is capable of making a decision if they are capable\nof making the decision with adequate and appropriate support;\n(c) an individual must not be treated as not having decision-making\ncapacity unless all practicable steps to support them to make\ndecisions have been taken;\n(d) an individual must not be treated as not having decision-making\ncapacity only because they—\n(i) make an unwise decision; or\n(ii) have impaired decision-making capacity under another\nAct, or in relation to another decision;\n(e) an individual who moves between having and not having\ndecision‑making capacity must, if practicable, be given the\nopportunity to consider matters requiring a decision at a time\nwhen they have decision-making capacity.\n\n","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Request and assessment","content":"Part 3 Request and assessment\nprocess for access to voluntary\nassisted dying\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 First request, coordinating","content":"Division 3.1 First request, coordinating\npractitioner and first assessment\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Making first request","content":"13 Making first request\n(1) An individual may make a request for access to voluntary assisted\ndying to a health practitioner (a first request).\n(2) The request must be—\n(a) clear and unambiguous; and\n(b) made personally by the individual.\n(3) The request may be made in writing or orally, or by communicating\nin any other way the individual can.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Health practitioner must accept or refuse to accept first","content":"14 Health practitioner must accept or refuse to accept first\nrequest\n(1) Within 4 business days after the day an individual makes a first\nrequest, the health practitioner must—\n(a) decide to accept or refuse to accept the request; and\n(b) tell the individual about the decision.\n(2) The health practitioner—\n(a) must refuse to accept the first request if they do not meet the\n\nFirst request, coordinating practitioner and first assessment Division 3.1\n(b) may refuse to accept the first request if they are unable or\nNote A health practitioner may refuse to accept a first request if they have a\nconscientious objection (see s 99).\n(3) When telling the individual about the health practitioner’s decision,\nthe health practitioner must—\n(a) if the health practitioner accepts the first request—give the\nindividual any information prescribed by regulation; and\n(b) if the health practitioner refuses to accept the first request—\n(i) tell the individual that other health practitioners may be\nable to assist the individual with their request; and\n(ii) give the individual information about—\n(A) another health practitioner who they believe is likely\nto be able to assist the individual with their request;\nor\n(B) the approved care navigator service.\n(4) If the health practitioner accepts the first request, they become the\ncoordinating practitioner for the individual.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Recording first request in individual’s health record","content":"15 Recording first request in individual’s health record\nIf an individual makes a first request, the health practitioner must\nrecord the following information in the individual’s health record:\n(a) that the first request was made;\n(b) the health practitioner’s decision to accept or refuse to accept\nthe first request;\n(c) if the health practitioner refused to accept the first request—the\nsteps taken by the health practitioner to comply with\nsection 14 (3) (b).\n\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Coordinating practitioner to undertake first assessment","content":"16 Coordinating practitioner to undertake first assessment\n(1) An individual’s coordinating practitioner must undertake an\nassessment (a first assessment) to decide whether the individual—\n(b) if the coordinating practitioner decides that the individual meets\nthe eligibility requirements—understands the information given\nto them under subsection (3).\n(2) For subsection (1) (b), in deciding whether an individual understands\ninformation given to them, the following must be taken into account:\n(a) an individual is capable of understanding the information if they\nare capable of understanding the information with adequate and\nappropriate support;\n(b) an individual must not be treated as not understanding the\ninformation unless all practicable steps to support them to\nunderstand the information have been taken;\n(c) an individual must not be treated as not understanding the\ninformation only because they have impaired decision-making\ncapacity under another Act or in relation to another matter;\n(d) an individual who moves between understanding and not\nunderstanding information must, if practicable, be given the\nopportunity to consider the information at a time when they are\nmost likely to understand it.\n(3) If the coordinating practitioner decides that the individual meets the\neligibility requirements, the coordinating practitioner must give the\n\nFirst request, coordinating practitioner and first assessment Division 3.1\n(4) The coordinating practitioner may take the following into account\nwhen undertaking the first assessment:\n(a) any relevant information about the individual that has been\nprepared by another person who, in the opinion of the\ncoordinating practitioner, has the appropriate skills and training\nto provide the information;\n(b) if the coordinating practitioner refers the individual to another\nperson for advice under section 17—any advice given by the\nother person.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Referral for advice about eligibility requirements","content":"17 Referral for advice about eligibility requirements\n(1) If an individual’s coordinating practitioner is unable to decide\nwhether the individual meets an eligibility requirement, the\ncoordinating practitioner must refer the individual to another person\nwho, in the opinion of the coordinating practitioner, has the\nappropriate skills and training to provide advice about whether the\nindividual meets the eligibility requirement.\n(2) The coordinating practitioner must not refer the individual to a person\nwho the coordinating practitioner knows or believes—\n(b) is a beneficiary under the will of the individual; or\n(c) may otherwise benefit financially or in any other material way\n(other than by receiving reasonable fees for the provision of\nservices relating to the referral) from—\nor\n\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Notifying individual and board about outcome of first","content":"18 Notifying individual and board about outcome of first\n(1) Within 4 business days after the day the coordinating practitioner\nmakes their decision on the first assessment, the coordinating\n(a) prepare a written report of the first assessment (a first\nassessment report) that includes—\n(i) the coordinating practitioner’s decision in relation to the\nfirst assessment; and\n(ii) any other information prescribed by regulation; and\n(b) give the board a copy of the first assessment report; and\n(c) tell the individual about their decision and give the individual a\ncopy of the first assessment report.\n(2) The coordinating practitioner may attach a copy of any document\nrelevant to their decision to the first assessment report.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Referral for consulting assessment","content":"19 Referral for consulting assessment\n(1) An individual’s coordinating practitioner must refer the individual to\nanother health practitioner (the first referral practitioner) for a\nconsulting assessment if, after undertaking a first assessment, the\ncoordinating practitioner decides that the individual—\n(b) understands the information given to the individual under\nsection 16 (3).\n(2) The referral must be made within 4 business days after the day the\ncoordinating practitioner decides that the individual understands the\ninformation given to the individual under section 16 (3).\n\nConsulting referral, consulting practitioner and consulting assessment Division 3.2\n(3) If the first referral practitioner refuses to accept the referral, the\ncoordinating practitioner must—\n(a) take reasonable steps to find another health practitioner who will\naccept a referral under subsection (1); and\n(b) if the coordinating practitioner is unable to find another health\npractitioner—refer the individual to the approved care navigator\nservice.\nDivision 3.2 Consulting referral, consulting\npractitioner and consulting\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Health practitioner must accept or refuse to accept","content":"20 Health practitioner must accept or refuse to accept\nconsulting assessment referral\n(1) Within 4 business days after the day a health practitioner receives a\nreferral under section 19 or section 26, the health practitioner must—\n(a) decide to accept or refuse to accept the referral; and\n(b) tell the individual’s coordinating practitioner about the decision.\n(2) The health practitioner—\n(a) must refuse to accept the referral if they do not meet the\nconsulting practitioner requirements under section 97\n(b) may refuse to accept the referral if they are unable or unwilling\nto exercise the functions of a consulting practitioner.\nNote A health practitioner may refuse to accept a referral if they have a\nconscientious objection (see s 99).\n(3) As soon as practicable after the health practitioner tells the\ncoordinating practitioner about their decision, the coordinating\npractitioner must tell the individual about the decision.\n\nDivision 3.2 Consulting referral, consulting practitioner and consulting assessment\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Recording referral in individual’s health record","content":"21 Recording referral in individual’s health record\nIf an individual is referred to a health practitioner under section 19 or\nsection 26, the health practitioner must record the following\ninformation in the individual’s health record:\n(a) the referral;\n(b) the health practitioner’s decision to accept or refuse to accept\nthe referral.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Notifying board about decision to accept or refuse to","content":"22 Notifying board about decision to accept or refuse to\naccept referral\n(1) This section applies if an individual is referred to a health practitioner\nunder section 19 or section 26.\n(2) The health practitioner must give the board written notice of their\ndecision within 4 business days after the day they tell the coordinating\n(4) If the health practitioner accepts the referral, they become the\nconsulting practitioner for the individual when they give the board\nnotice under subsection (2).\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Consulting practitioner to undertake consulting","content":"23 Consulting practitioner to undertake consulting\n(1) An individual’s consulting practitioner must undertake an assessment\n(a consulting assessment) to decide whether the individual—\n(b) if the consulting practitioner decides that the individual meets\nthe eligibility requirements—understands the information given\nto them under subsection (3).\n\nConsulting referral, consulting practitioner and consulting assessment Division 3.2\n(2) For subsection (1) (b), in deciding whether an individual understands\ninformation given to them, the following must be taken into account:\n(a) an individual is capable of understanding the information if they\nare capable of understanding the information with adequate and\nappropriate support;\n(b) an individual must not be treated as not understanding the\ninformation unless all practicable steps to support them to\nunderstand the information have been taken;\n(c) an individual must not be treated as not understanding the\ninformation only because they have impaired decision-making\ncapacity under another Act or in relation to another matter;\n(d) an individual who moves between understanding and not\nunderstanding information must, if practicable, be given the\nopportunity to consider the information at a time when they are\nmost likely to understand it.\n(3) If the consulting practitioner decides that the individual meets the\neligibility requirements, the consulting practitioner must give the\n(4) The consulting practitioner’s consulting assessment and decision in\nrelation to the consulting assessment must be undertaken and made\nindependently of the individual’s coordinating practitioner.\n(5) The consulting practitioner may take the following into account when\nundertaking the consulting assessment:\n(a) any relevant information about the individual that has been\nprepared by another person who, in the opinion of the\ncoordinating practitioner, has the appropriate skills and training\nto provide the information;\n(b) if the consulting practitioner refers the individual to another\nperson for advice under section 24—any advice given by the\nother person.\n\nDivision 3.2 Consulting referral, consulting practitioner and consulting assessment\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Referral for advice about eligibility requirements","content":"24 Referral for advice about eligibility requirements\n(1) If an individual’s consulting practitioner is unable to decide whether\nthe individual meets an eligibility requirement, the consulting\npractitioner must refer the individual to another person who, in the\nopinion of the consulting practitioner, has the appropriate skills and\ntraining to provide advice about whether the individual meets the\neligibility requirement.\n(2) The consulting practitioner must not refer the individual to a person\nwho the consulting practitioner knows or believes—\n(b) is a beneficiary under the will of the individual; or\n(c) may otherwise benefit financially or in any other material way\n(other than by receiving reasonable fees for the provision of\nservices relating to the referral) from—\nor\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Notifying individual, coordinating practitioner and board","content":"25 Notifying individual, coordinating practitioner and board\nabout outcome of consulting assessment\n(1) Within 4 business days after the day the consulting practitioner makes\ntheir decision on the consulting assessment, the consulting\n(a) prepare a written report of the assessment (a consulting\nassessment report) that includes—\n(i) the consulting practitioner’s decision in relation to the\nconsulting assessment; and\n(ii) any other information prescribed by regulation; and\n\nSecond request Division 3.3\n(b) tell the individual about their decision and give the individual a\ncopy of the consulting assessment report; and\n(c) give a copy of the consulting assessment report to—\n(ii) the individual’s coordinating practitioner.\nMaximum penalty (paragraph (c) (i)): 20 penalty units.\n(2) The consulting practitioner may attach a copy of any document\nrelevant to their decision to the consulting assessment report.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Referral for further consulting assessment","content":"26 Referral for further consulting assessment\n(1) If an individual’s consulting practitioner (the original consulting\npractitioner) decides that the individual does not meet the eligibility\nrequirements, the individual’s coordinating practitioner may refer the\nindividual to another health practitioner for a further consulting\nassessment.\n(2) If the other health practitioner accepts the referral, the original\nconsulting practitioner stops being the consulting practitioner for the\nindividual when the other health practitioner gives the board notice\nunder section 22 (2).\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Making second request","content":"27 Making second request\n(a) an individual’s coordinating practitioner decides that the\nindividual—\n(i) meets the eligibility requirements; and\n\n(ii) understands the information given to them under\nsection 16 (3); and\n(b) the individual’s consulting practitioner decides that the\nindividual—\n(i) meets the eligibility requirements; and\n(ii) understands the information given to them under\nsection 23 (3).\n(2) The individual may make another request for access to voluntary\nassisted dying (a second request).\n(3) The request must—\n(b) state that—\n(i) the request is made voluntarily and without coercion; and\n(ii) the individual understands the nature and effect of the\nrequest; and\n(c) be signed by the individual, or another individual on their behalf\n(an agent), in the presence of 2 eligible witnesses; and\n(d) be given to the individual’s coordinating practitioner.\n(4) However, an agent may sign the second request on behalf of the\nindividual only if—\n(a) the individual—\n(i) is unable to sign the request; and\n(ii) asks the agent to sign the request; and\n(b) the agent—\n(i) is an adult; and\n(ii) is not a witness to the signing of the request; and\n\nSecond request Division 3.3\n(iii) is not the individual’s coordinating practitioner or\nconsulting practitioner; and\n(iv) signs the request in the presence of the individual.\n(5) If an individual makes a second request with the assistance of an\ninterpreter, the interpreter must certify on the second request that the\ninterpreter provided a true and correct translation of any material\ntranslated.\neligible witness means someone who is not an ineligible witness.\nfacility—see section 101 (1).\nineligible witness means someone who—\n(a) is not an adult; or\n(b) knows or believes they are a beneficiary under the will of the\n(c) knows or believes they may otherwise benefit financially or in\nany other material way (other than by receiving reasonable fees\nfor the provision of services as a witness) from—\nor\n(ii) the death of the individual; or\n(d) is an owner, or is responsible for the management, of a facility\nwhere the individual is a resident; or\n(e) is the individual’s coordinating practitioner or consulting\nresident, of a facility—see section 101 (1).\n\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Certification of witness","content":"28 Certification of witness\n(1) Each witness to the signing of an individual’s second request must\ncertify in writing that—\n(a) if the request was signed by the individual making the request—\n(i) the request was signed by the individual in the presence of\nthe witness; and\n(ii) the individual appeared to sign the request voluntarily and\nwithout coercion; and\n(b) if the request was signed by an agent in the presence of the\nwitness—\n(i) the individual appeared to ask, voluntarily and without\ncoercion, the agent to sign the request; and\n(ii) the request was signed by the agent; and\n(c) the witness is not knowingly an ineligible witness.\nagent—see section 27 (3) (c).\nineligible witness—see section 27 (6).\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Recording second request in individual’s health record","content":"29 Recording second request in individual’s health record\nIf an individual gives their coordinating practitioner a second request,\nthe coordinating practitioner must record the following information\nin the individual’s health record:\n(a) the day the second request was made;\n(b) the day the second request was given to the coordinating\n\nFinal request and final assessment Division 3.4\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Notifying board about second request","content":"30 Notifying board about second request\n(1) Within 4 business days after the day an individual’s coordinating\npractitioner receives a second request, the coordinating practitioner\nmust give the board a copy of the request.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Meaning of final assessment requirements","content":"31 Meaning of final assessment requirements\nFor this Act, an individual meets the final assessment requirements\nif—\n(a) the individual has decision-making capacity in relation to\n(b) the individual’s decision to access voluntary assisted dying is\nmade voluntarily and without coercion.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Making final request","content":"32 Making final request\n(1) An individual who has made a second request may make a further\nrequest to their coordinating practitioner for access to voluntary\nassisted dying (a final request).\n(2) The request must be—\n(a) clear and unambiguous; and\n(b) made personally by the individual.\n(3) The request may be made in writing or orally, or by communicating\nin any other way the individual can.\n\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Recording final request in individual’s health record","content":"33 Recording final request in individual’s health record\nIf an individual makes a final request, the individual’s coordinating\npractitioner must record the day the final request was made in the\nindividual’s health record.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Notifying board about final request","content":"34 Notifying board about final request\n(1) Within 4 business days after the day an individual makes a final\nrequest, the individual’s coordinating practitioner must—\n(a) prepare a written report of receiving the final request (the final\nrequest report) that includes any information prescribed by\nregulation; and\n(b) give the board a copy of the final request report.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Coordinating practitioner to undertake final assessment","content":"35 Coordinating practitioner to undertake final assessment\nAs soon as practicable after an individual makes a final request, the\nindividual’s coordinating practitioner must undertake an assessment\nto decide whether the individual meets the final assessment\nrequirements (a final assessment).\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Notifying individual and board about outcome of final","content":"36 Notifying individual and board about outcome of final\n(1) As soon as practicable after deciding whether the individual meets the\nfinal assessment requirements, the coordinating practitioner must tell\nthe individual about the decision.\n\nTransfer of coordinating practitioner functions Division 3.5\n(2) After the coordinating practitioner decides whether the individual\nmeets the final assessment requirements, the coordinating practitioner\nmust prepare a written report (a final assessment report) that\nincludes—\n(a) the coordinating practitioner’s decision in relation to the final\nassessment; and\n(b) any other information prescribed by regulation.\n(3) The coordinating practitioner may attach a copy of any document\nrelevant to their decision to the final assessment report.\n(4) The coordinating practitioner must give a copy of the final assessment\nreport to—\n(a) the board within 4 business days after the day they decide\nwhether the individual meets the final assessment requirements;\nand\n(b) the individual as soon as practicable after preparing it.\nDivision 3.5 Transfer of coordinating practitioner\nfunctions\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Transfer request made by coordinating practitioner","content":"37 Transfer request made by coordinating practitioner\n(1) This section applies if an individual’s coordinating practitioner\n(the original practitioner) is unable or unwilling to exercise their\nfunctions as coordinating practitioner.\n(2) The original practitioner must ask another health practitioner to\nbecome the individual’s coordinating practitioner (a transfer request)\nif the individual consents to the request being made.\n\n(3) Within 4 business days after the day the original practitioner makes a\ntransfer request, the other health practitioner must tell the original\npractitioner whether the other health practitioner accepts or refuses to\naccept the request.\n(5) If the other health practitioner accepts the transfer request, the\noriginal practitioner must—\n(a) tell the individual that the request has been accepted; and\nand\noriginal practitioner tells the individual that the request has been\naccepted; and\n(d) tell the other health practitioner about the notice given under\nparagraph (c) as soon as practicable after giving the notice.\n\nTransfer of coordinating practitioner functions Division 3.5\n(7) When the original practitioner gives the board notice under\ncoordinating practitioner (the new practitioner); and\n(b) the functions of the original practitioner transfer to the new\n(8) The original practitioner must refer the individual to the approved\ncare navigator service if the original practitioner is unable to transfer\ntheir functions after taking reasonable steps to do so.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Transfer request made by individual","content":"38 Transfer request made by individual\n(1) This section applies if an individual has a coordinating practitioner.\n(2) The individual may ask another health practitioner to become their\ncoordinating practitioner (a transfer request).\n(3) Within 4 business days after the day the individual makes a transfer\nrequest, the other health practitioner must—\n(a) tell the individual whether the other health practitioner accepts\nor refuses to accept the request; and\n(b) if the other health practitioner refuses to accept the request—\nrefer the individual to the approved care navigator service.\n\n(5) If the other health practitioner accepts the transfer request, the other\nhealth practitioner must—\n(a) tell the individual’s coordinating practitioner about their\nacceptance of the request; and\nand\nother health practitioner tells the individual that they accept the\nrequest.\n(7) When the other health practitioner gives the board notice under\ncoordinating practitioner (the new practitioner); and\n(b) the coordinating practitioner functions transfer to the new\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Decisions of previous coordinating practitioner remain","content":"39 Decisions of previous coordinating practitioner remain\nvalid despite transfer of coordinating practitioner\nfunctions\n(a) the functions of an individual’s coordinating practitioner are\ntransferred under this division; and\n(b) a previous coordinating practitioner made a decision when they\nwere the coordinating practitioner for the individual—\n(i) under section 16 that the individual—\n(A) met the eligibility requirements; and\n\nMiscellaneous Division 3.6\n(B) understood the information given to them under\nsection 16 (3); or\n(ii) under section 35 or section 59 (1) (f) (i) that the individual\nmet the final assessment requirements.\n(2) The decision of the previous coordinating practitioner continues to\nhave effect despite the transfer of functions.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Offence—inducing making or revocation of request for","content":"40 Offence—inducing making or revocation of request for\naccess to voluntary assisted dying\ncoercion, induces an individual into making a request for access to\n(2) A person commits an offence if the person, dishonestly or by\ncoercion, induces an individual into revoking a request for access to\n\nrequest for access to voluntary assisted dying means—\n(a) a first request; or\n(b) a second request; or\n(c) a final request.\n\n","sortOrder":42},{"sectionNumber":"Part 4","sectionType":"part","heading":"Accessing voluntary assisted","content":"Part 4 Accessing voluntary assisted\ndying and death\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Application—div 4.1","content":"41 Application—div 4.1\nThis division applies if an individual’s coordinating practitioner\nhas—\n(a) decided that the individual meets the final assessment\n(b) prepared a final assessment report for the individual.\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Making administration decision","content":"42 Making administration decision\n(1) The individual may decide that—\n(a) they will self-administer an approved substance; or\n(b) an approved substance will be administered to them by a health\n(2) The decision—\n(a) must be—\n(i) clear and unambiguous; and\n(ii) made personally by the individual; and\n(b) may be made in consultation with, and on the advice of, the\nindividual’s coordinating practitioner.\n(3) The decision—\n(a) may be made in writing or orally, or by communicating in any\nother way the individual can; and\n(b) takes effect when the individual tells their coordinating\n\n(4) The individual’s coordinating practitioner must—\n(a) record the decision in the individual’s health record; and\n(b) give the board written notice of the decision within 4 business\ndays after the day the individual tells the coordinating\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Changing administration decision","content":"43 Changing administration decision\n(1) If an individual has an administration decision in effect, the individual\nmay, at any time—\n(a) if the individual made a decision that they would self-administer\nan approved substance—decide instead that an approved\nsubstance will be administered to them by a health practitioner;\nor\n(b) if the individual made a decision that an approved substance\nwould be administered to them by a health practitioner—decide\ninstead that they will self-administer an approved substance.\n(2) The change of decision—\n(a) must be—\n(i) clear and unambiguous; and\n(ii) made personally by the individual; and\n(b) may be made in consultation with, and on the advice of, the\nindividual’s coordinating practitioner.\n(3) The change of decision—\n(a) may be made in writing or orally, or by communicating in any\nother way the individual can; and\n\n(b) takes effect when the individual tells their coordinating\npractitioner about the change of decision.\n(4) The individual’s coordinating practitioner must—\n(a) record the change of decision in the individual’s health record;\nand\n(b) give the board written notice of the change of decision within 4\nbusiness days after the day the individual tells the coordinating\npractitioner about the change of decision.\n(6) If the individual changes their administration decision under\nsubsection (1) (a), any contact person appointment in effect ends\nwhen the decision is changed.\n(7) If an individual changes their administration decision under\nsubsection (1) (b), the individual must appoint a contact person under\nsection 51.\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Administering practitioner","content":"44 Administering practitioner\n(1) An individual may ask their coordinating practitioner or another\nhealth practitioner (the requested practitioner) to act as their\nadministering practitioner if the individual—\n(a) has made a practitioner administration decision; or\n(b) has changed their administration decision to a practitioner\nadministration decision under section 43 (1) (a).\n(2) Within 4 business days after the day the individual makes a request,\nthe requested practitioner must—\n(a) decide to act or refuse to act as the individual’s administering\npractitioner; and\n(b) tell the individual about the decision.\n\n(3) The requested practitioner—\n(a) must refuse to act as the individual’s administering practitioner\nif they do not meet the administering practitioner requirements\nunder section 97 (Requirements for acting as coordinating\npractitioner, consulting practitioner or administering\npractitioner); and\n(b) may refuse to act as the individual’s administering practitioner\nif they are unable or unwilling to exercise the functions of an\nadministering practitioner.\nNote The coordinating practitioner or health practitioner may refuse to act as\nthe individual’s administering practitioner if they have a conscientious\nobjection (see s 99).\n(4) The requested practitioner becomes the administering practitioner for\nthe individual when they tell the individual that they agree to act as\nthe individual’s administering practitioner.\n(5) If the requested practitioner agrees to act as the individual’s\nadministering practitioner, the practitioner must give the board\nwritten notice of their decision within 4 business days after the day\nthey tell the individual about the decision.\n(7) If the requested practitioner refuses to act as the individual’s\nadministering practitioner, the practitioner must—\n(a) tell the individual that other health practitioners may be able to\nassist the individual with their request; and\n(b) give the individual information about—\n(i) another health practitioner who they believe is likely to be\nable to assist the individual with their request; or\n(ii) the approved care navigator service.\n\n(8) The requested practitioner must record the following information in\nthe individual’s health record—\n(a) that the request was made;\n(b) the practitioner’s decision;\n(c) if the practitioner refused to act as the individual’s administering\npractitioner—the steps taken by the practitioner to comply with\nsubsection (7).\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"Revocation of administration decision","content":"45 Revocation of administration decision\n(1) The individual may revoke an administration decision at any time\nby—\n(a) for a self-administration decision—telling their coordinating\npractitioner that they have decided not to proceed with the\nself-administration of an approved substance; or\n(b) for a practitioner administration decision—\n(i) if the individual has an administering practitioner—telling\ntheir administering practitioner that they have decided not\nto proceed with the administration of an approved\nsubstance; or\n(ii) in any other case—telling their coordinating practitioner\nthat they have decided not to proceed with the\nadministration of an approved substance.\n(2) An administration decision may be revoked in writing or orally, or by\ncommunicating in any other way the individual can.\n(3) If the individual revokes an administration decision under\nsubsection (1) (a) or (b) (ii), their coordinating practitioner must—\n(a) record the revocation in the individual’s health record; and\n\n(b) give the board written notice of the revocation within 4 business\ndays after the day the individual tells the coordinating\npractitioner about the revocation.\n(4) If the individual revokes an administration decision under\nsubsection (1) (b) (i), their administering practitioner must—\n(a) record the revocation in the individual’s health record; and\n(b) if the administering practitioner is not the individual’s\ncoordinating practitioner—give the individual’s coordinating\npractitioner written notice of the revocation within 4 business\ndays after the day the individual tells the administering\npractitioner about the revocation; and\n(c) give the board written notice of the revocation within 4 business\ndays after the day the individual tells the administering\npractitioner about the revocation.\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Transfer of administering practitioner functions—transfer","content":"46 Transfer of administering practitioner functions—transfer\nrequest made by administering practitioner\n(a) an individual has an administering practitioner; and\n(b) the administering practitioner (the original practitioner) is\nunable or unwilling to exercise their functions as administering\n(2) The original practitioner must ask another health practitioner to\nbecome the individual’s administering practitioner (a transfer\nrequest) if the individual consents to the request being made.\n\n(3) Within 4 business days after the day the original practitioner makes a\ntransfer request, the other health practitioner must tell the original\npractitioner whether the other health practitioner accepts or refuses to\naccept the request.\nadministering practitioner requirements under section 97\nunwilling to exercise the functions of an administering\n(5) If the other health practitioner accepts the transfer request, the\noriginal practitioner must—\n(a) tell the individual that the request has been accepted and give\nthe other health practitioner’s name and contact details to the\nand\noriginal practitioner does the things mentioned in paragraph (a);\nand\n(d) tell the other health practitioner about the notice given under\nparagraph (c) as soon as practicable after giving the notice.\n\n(7) When the original practitioner gives the board notice under\nadministering practitioner (the new practitioner); and\n(b) the functions of the original practitioner transfer to the new\n(8) The original practitioner must refer the individual to the approved\ncare navigator service if the original practitioner is unable to transfer\ntheir functions after taking reasonable steps to do so.\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Transfer of administering practitioner functions—transfer","content":"47 Transfer of administering practitioner functions—transfer\nrequest made by individual\n(1) This section applies if an individual has an administering practitioner.\n(2) The individual may ask another health practitioner to become their\nadministering practitioner (a transfer request).\n(3) Within 4 business days after the day the individual makes a transfer\nrequest, the other health practitioner must—\n(a) tell the individual whether the other health practitioner accepts\nor refuses to accept the request; and\n(b) if the other health practitioner refuses to accept the request—\nrefer the individual to the approved care navigator service.\nadministering practitioner requirements under section 97\n\nunwilling to exercise the functions of an administering\n(5) If the other health practitioner accepts the transfer request, the other\nhealth practitioner must—\n(a) tell the individual and the individual’s administering practitioner\nabout their acceptance of the request; and\n(b) if the individual’s coordinating practitioner is not the\nindividual’s administering practitioner—tell the coordinating\npractitioner about the request acceptance; and\n(c) record the request acceptance in the individual’s health record;\nand\n(d) give the board written notice of the transfer within 4 business\ndays after the day the other health practitioner tells the\nindividual that they accept the request; and\n(e) tell the original practitioner about the notice given under\nparagraph (d) as soon as practicable after giving the notice.\nMaximum penalty (paragraph (d)): 20 penalty units.\n(7) When the other health practitioner gives the board notice under\nsubsection (5) (d)—\nadministering practitioner (the new practitioner); and\n(b) the administering practitioner functions transfer to the new\n\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Coordinating practitioner functions do not transfer on","content":"48 Coordinating practitioner functions do not transfer on\n(a) the functions of an individual’s administering practitioner\n(the original practitioner) are transferred to another health\npractitioner under section 46 or section 47; and\n(b) the original practitioner is the individual’s coordinating\npractitioner when the administering practitioner functions are\ntransferred.\n(2) The original practitioner remains the coordinating practitioner for the\nNote The functions of a coordinating practitioner may be transferred under s 37\nor s 38.\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Offence—inducing making or revocation of","content":"49 Offence—inducing making or revocation of\nadministration decision\ncoercion, induces an individual into making an administration\ndecision.\n(2) A person commits an offence if the person, dishonestly or by\ncoercion, induces an individual into revoking an administration\ndecision.\n\nContact person Division 4.2\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Application—div 4.2","content":"50 Application—div 4.2\nThis division applies if a self-administration decision is in effect for\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Appointment of contact person","content":"51 Appointment of contact person\n(1) The individual must appoint 1 person to be the individual’s contact\nperson.\n(2) A person can be appointed as the contact person for an individual only\nif the person—\n(a) is an adult; and\n(b) consents to being appointed as the contact person for the\n(3) Without limiting who can be appointed as the contact person, the\nindividual may appoint their coordinating practitioner or consulting\n(4) The appointment must—\n(b) be prepared by—\n(i) the individual; or\n(ii) if the individual is unable to prepare the appointment—\nanother person who is an adult and is asked by the\nindividual to prepare it; and\n(c) include any information prescribed by regulation.\n\n(5) The appointment takes effect when the individual gives their\ncoordinating practitioner the appointment.\n(6) The individual’s coordinating practitioner must give the board a copy\nof the appointment within 4 business days after the day the\ncoordinating practitioner receives the appointment.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Coordinating practitioner must give information to","content":"52 Coordinating practitioner must give information to\ncontact person\nWithin 4 business days after the day the individual’s coordinating\npractitioner gives the board a copy of the appointment under\nsection 51 (6), the coordinating practitioner must give the contact\nperson information about—\n(a) the functions of a contact person under this Act; and\n(b) the support services available to assist the contact person to\ncomply with their obligations; and\n(c) any other information prescribed by regulation.\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Ending contact person appointment","content":"53 Ending contact person appointment\n(1) The appointment of a contact person may be ended by—\n(a) the individual giving the contact person written notice that they\nno longer want the person to be their contact person; or\n(b) the contact person giving the individual written notice that they\nno longer want to be the individual’s contact person.\n(2) A notice under subsection (1) (a) or (b) must include any information\n\nContact person Division 4.2\n(3) If a contact person appointment is ended under this section, the\nindividual must—\n(a) tell their coordinating practitioner that the appointment has\nended; and\n(b) make another appointment under section 51.\n(4) Within 4 business days after the day the individual tells their\ncoordinating practitioner about the appointment ending, the\ncoordinating practitioner must give the board written notice about the\nappointment ending.\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Effect of change or revocation of administration decision","content":"54 Effect of change or revocation of administration decision\non contact person appointment\n(1) This section applies if an individual—\n(a) either—\n(i) changes their administration decision under section 43 (1)\n(a); or\n(ii) revokes a self-administration decision; and\n(b) has a contact person appointment in effect when the\nadministration decision is changed or revoked.\n(2) The contact person appointment is taken to end when the\nadministration decision is changed or revoked.\n\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Definitions—div 4.3","content":"55 Definitions—div 4.3\n(1) In this division:\npossess, an approved substance—see the Medicines, Poisons and\nTherapeutic Goods Act 2008, section 24.\nprescribe, an approved substance, means issue a prescription for the\napproved substance.\nprescription, in relation to an approved substance, means a written\ndirection (other than a purchase order, requisition or standing order)\nto an approved supplier to dispense the approved substance.\nsupply, an approved substance—see the Medicines, Poisons and\nTherapeutic Goods Act 2008, section 24.\npurchase order—see the Medicines, Poisons and Therapeutic Goods\nrequisition—see the Medicines, Poisons and Therapeutic Goods\nstanding order—see the Medicines, Poisons and Therapeutic Goods\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Approved substances","content":"56 Approved substances\n(1) The director-general may approve a medicine for use under this Act\nfor the purposes of causing an individual’s death.\n\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Approved suppliers and disposers","content":"57 Approved suppliers and disposers\n(1) The director-general may approve a health practitioner to—\n(a) supply an approved substance under this Act; or\n(b) dispose of an approved substance under this Act.\n(2) However, the director-general must not approve a health practitioner\nunder subsection (1) unless the health practitioner meets the\neligibility requirements prescribed by regulation.\n(3) An approval is a notifiable instrument.\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Prescribing approved substances—first prescription","content":"58 Prescribing approved substances—first prescription\n(a) an individual has made an administration decision; and\n(b) if the individual has a self-administration decision in effect—a\ncontact person appointment is in effect for the individual; and\n(c) if the individual has a practitioner administration decision in\neffect—the individual has an administering practitioner; and\n(d) the individual’s coordinating practitioner has given the\n(2) The coordinating practitioner may prescribe 1 or more approved\nsubstances that, either alone or in combination, are of a sufficient dose\nto cause the death of the individual.\n(3) A prescription must include any information prescribed by regulation.\n(4) Within 4 business days after the day they prescribe an approved\nsubstance under subsection (2), the individual’s coordinating\npractitioner must give the board written notice of the prescription.\n\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Prescribing approved substances—subsequent","content":"59 Prescribing approved substances—subsequent\nprescription\n(a) an individual has made an administration decision; and\n(b) if the individual has a self-administration decision in effect—a\ncontact person appointment is in effect for the individual; and\n(c) if the individual has a practitioner administration decision in\neffect—the individual has an administering practitioner; and\n(d) the individual’s coordinating practitioner has issued a\nprescription under section 58, or previously under this section;\nand\n(e) the individual’s coordinating practitioner is satisfied that it is\nappropriate to issue another prescription; and\n(f) the coordinating practitioner has—\n(i) undertaken a new assessment to decide whether the\nindividual meets the final assessment requirements\n(a further final assessment); and\n(ii) decided that the individual meets the final assessment\nrequirements.\n(2) The coordinating practitioner may prescribe 1 or more approved\nsubstances that, either alone or in combination, are of a sufficient dose\nto cause the death of the individual.\n(3) A prescription must include any information prescribed by regulation.\n(4) Within 4 business days after the day they prescribe an approved\nsubstance under subsection (2), the individual’s coordinating\npractitioner must give the board written notice of the prescription.\n\n(6) Section 36 (Notifying individual and board about outcome of final\nassessment) applies to a further final assessment as if a reference to a\nfinal assessment were a reference to a further final assessment.\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Possessing, preparing and supplying approved","content":"60 Possessing, preparing and supplying approved\nsubstances—approved suppliers and couriers\n(1) An approved supplier may—\n(a) possess an approved substance; or\n(b) prepare the substance for the purpose of supplying it under this\nsection.\n(2) If an approved supplier receives a prescription for an approved\nsubstance, the supplier may supply the substance to—\n(a) for an individual who has made a self-administration decision—\nthe individual or their contact person; or\n(b) for an individual who has made a practitioner administration\ndecision—the individual’s administering practitioner.\n(3) However, an approved supplier must not supply an approved\nsubstance under subsection (2) unless—\n(a) the prescription was issued—\n(i) for any part of the prescription relating to an approved\nsubstance that is a controlled medicine—not more than\n6 months before the day the supplier supplies the\nsubstance; or\n(ii) in any other case—not more than 12 months before the day\nthe supplier supplies the substance; and\n(b) the supplier is satisfied about—\n(i) the authenticity of the prescription; and\n(ii) the identity of the coordinating practitioner who issued the\nprescription; and\n\n(iii) the identity of the individual, contact person or\nadministering practitioner to whom the approved substance\nis being supplied; and\n(c) the supplier has labelled the substance in accordance with any\nsubstance labelling requirements prescribed by regulation; and\n(d) the supplier complies with any other requirements about the\nsupply of an approved substance prescribed by regulation; and\n(e) if the prescription is a subsequent prescription issued under\nsection 59 and an approved substance was previously supplied\nfor an individual under another prescription—the supplier is\nsatisfied that the previously supplied substance has been—\n(i) given to an approved disposer; or\n(ii) reported as lost or stolen in accordance with the Medicines,\nPoisons and Therapeutic Goods Act 2008, section 39; and\n(f) the supplier supplies the substance to the person—\n(i) personally; or\n(ii) using a courier in the circumstances prescribed by\n(4) An approved supplier commits an offence if the supplier—\n(a) supplies an approved substance to a person under subsection (2);\nand\n(b) does not personally supply the substance to the person; and\n(c) does not supply the substance in accordance with\nsubsection (3) (f) (ii).\n\n(5) A courier may do any of the following in relation to an approved\nsubstance:\n(a) receive the substance from an approved supplier for a purpose\nmentioned in paragraph (b) or (c);\n(b) possess the substance for the purpose mentioned in\nparagraph (c);\n(c) deliver the substance to the person to whom it is addressed.\n(6) A courier must comply with any requirements prescribed by\nregulation when doing a thing mentioned in subsection (5).\n(7) If an approved supplier supplies an approved substance under\nsubsection (2), the supplier must, within 4 business days after the day\nthey supply the substance—\n(a) prepare a written record of the supply (a supply record) that\nincludes any information prescribed by regulation; and\n(b) give a copy of the supply record to—\n(ii) the director-general.\nMaximum penalty (paragraph (b) (i)): 20 penalty units.\n(8) An offence against subsection (7) (b) (i) is a strict liability offence.\n(9) The approved supplier must keep the supply record for at least 2 years\nafter the day they supply the approved substance.\n(10) In this section:\ncontrolled medicine—see the Medicines, Poisons and Therapeutic\nGoods Act 2008, section 11 (2).\ncourier means a person who meets the requirements prescribed by\n\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Receiving, possessing, preparing and administering","content":"61 Receiving, possessing, preparing and administering\napproved substances—individuals and other people\n(2) The individual may do the following in relation to the approved\nsubstance:\n(a) receive the substance from an approved supplier;\n(b) receive the substance from their contact person if the contact\nperson has received the substance from an approved supplier;\n(c) give the substance to another individual for a purpose mentioned\nin subsection (6);\n(d) possess the substance for a purpose mentioned in paragraph (e)\nor (f);\n(e) prepare the substance for self-administration;\n(f) self-administer the substance.\n(3) The individual’s contact person may do the following in relation to\nthe approved substance:\n(a) receive the substance from an approved supplier;\n(b) possess the substance for the purpose of giving it to the\nindividual;\n(c) give the substance to the individual.\n\n(4) Within 4 business days after the day the contact person gives an\napproved substance to the individual under subsection (3) (c), the\ncontact person must tell the board, by written notice, that they have\ngiven the substance to the individual.\n(6) If the individual asks an adult (the assisting person), to prepare the\napproved substance for the individual, the assisting person may do\nthe following:\n(a) receive the substance from the individual;\n(b) possess the substance for a purpose mentioned in paragraph (c)\nor (d);\n(c) prepare the substance for the individual to self-administer;\n(d) give the substance to the individual.\nExample\nThe individual asks their contact person to dissolve an approved substance so that\nthe individual can self-administer the substance. The contact person may receive\nthe substance from the individual, dissolve the substance and return the prepared\nmixture to the individual.\n(7) In this section:\ngive, for an approved substance, does not include administer.\nreceive, for an approved substance, does not include receive by\nadministration.\n\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Giving approved substances to administering practitioner","content":"62 Giving approved substances to administering practitioner\nafter change of administration decision—individuals\n(a) an individual changes their administration decision under\nsection 43 (1) (a); and\n(b) the individual is in possession of an approved substance when a\nhealth practitioner becomes their administering practitioner.\n(2) The individual must give the approved substance to the health\npractitioner as soon as practicable after the health practitioner\nbecomes their administering practitioner.\n(3) Within 4 business days after the day an individual gives an approved\nsubstance to their administering practitioner under subsection (2), the\nadministering practitioner must tell the board, by written notice, that\nthey have received the substance from the individual.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Receiving and possessing approved substances—","content":"63 Receiving and possessing approved substances—\n(2) The individual’s administering practitioner may—\n(a) receive the approved substance from an approved supplier for a\npurpose mentioned in section 66 (2); and\n(b) possess the approved substance for a purpose mentioned in\nsection 66 (2).\n\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Receiving and possessing approved substances after","content":"64 Receiving and possessing approved substances after\nchange of administration decision—administering\n(1) This section applies if an individual changes their administration\ndecision under section 43 (1) (a).\n(2) The individual’s administering practitioner may—\n(a) receive an approved substance from the individual for a purpose\nmentioned in section 66 (2); and\n(b) possess the approved substance for a purpose mentioned in\nsection 66 (2).\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Giving, receiving and possessing approved substances—","content":"65 Giving, receiving and possessing approved substances—\n(a) the administering practitioner functions for an individual are\ntransferred under section 46 or section 47; and\n(b) the original administering practitioner is in possession of an\napproved substance for the individual when the transfer takes\neffect.\n(2) Within 14 days after the day the administering practitioner functions\nare transferred, the new administering practitioner may ask the\noriginal administering practitioner to give the approved substance to\nthe new administering practitioner.\n(3) The original administering practitioner must comply with a request\nunder subsection (2) within 2 days after the day it is made.\n\n(4) If the original administering practitioner gives the substance to the\nnew administering practitioner, the new administering practitioner\nmay—\n(a) receive the substance for a purpose mentioned in section 66 (2);\nand\n(b) possess the substance for a purpose mentioned in section 66 (2).\n(5) Within 4 business days after the day the original administering\npractitioner gives an approved substance to the new administering\npractitioner, the original administering practitioner must—\n(a) tell the board, by written notice, that they have given the\nsubstance to the new administering practitioner; and\n(b) tell the director-general, by written notice, that—\n(i) the individual has a new administering practitioner; and\n(ii) the original administering practitioner has given the\nsubstance to the new administering practitioner.\n(6) A written notice given under subsection (5) (b) must include any\n(7) An offence against subsection (5) (a) is a strict liability offence.\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Administering approved substances—administering","content":"66 Administering approved substances—administering\n\n(2) The individual’s administering practitioner may do the following in\nrelation to the approved substance:\n(a) prepare the substance for administration to the individual;\n(b) administer the substance to the individual.\n(3) However, the individual’s administering practitioner must not\nadminister the approved substance to the individual unless the\nadministering practitioner—\n(a) is satisfied, immediately before administering the substance,\nthat the individual—\n(i) has decision-making capacity in relation to voluntary\nassisted dying; and\n(ii) is acting voluntarily and without coercion; and\n(b) administers the substance in the presence of an eligible witness.\n(4) The witness to the administration of the approved substance must\ncertify by written statement (a witness certificate) that—\n(a) the individual appeared to be acting voluntarily and without\ncoercion; and\n(b) the approved substance was administered to the individual in the\npresence of the witness.\n(5) The witness must give the administering practitioner a copy of the\nwitness certificate.\neligible witness means someone who is an adult.\n\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Giving, receiving and possessing approved substances—","content":"67 Giving, receiving and possessing approved substances—\nchange in contact person\n(b) an approved supplier has supplied an approved substance under\n(c) the appointment of the individual’s contact person ends and the\ncontact person (the original contact person) is in possession of\nthe approved substance when their appointment ends.\n(2) Within 14 days after the day the appointment ends, the individual may\nask the original contact person to give the approved substance to—\n(a) the individual; or\n(b) if the individual has appointed another contact person (a new\ncontact person)—the new contact person.\n(3) The original contact person must comply with a request under\nsubsection (2) within 2 days after the day it is made.\n(4) The new contact person may receive the approved substance from the\noriginal contact person for a purpose mentioned in section 61 (3) (b)\nor (c).\n(5) Within 4 business days after the original contact person gives an\napproved substance to another person under subsection (2), the\noriginal contact person must—\n(a) tell the board, by written notice, that they have given the\nsubstance to the individual or the new contact person; and\n(b) tell the director-general, by written notice, that—\n(i) the individual has a new contact person; and\n\n(ii) the original contact person has given the substance to the\nindividual or the new contact person.\n(6) A written notice given under subsection (5) (b) must include any\n(7) An offence against subsection (5) (a) is a strict liability offence.\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Giving approved substances to approved disposer if","content":"68 Giving approved substances to approved disposer if\nadministration decision revoked—individual or contact\nperson\n(a) an individual revokes their self-administration decision; and\n(b) the individual or their contact person is in possession of an\napproved substance when the self-administration decision is\nrevoked.\n(2) The individual or contact person must give the approved substance to\nan approved disposer as soon as practicable, but not later than 14 days\nafter the day the self-administration decision is revoked.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Giving approved substances to approved disposer if","content":"69 Giving approved substances to approved disposer if\nindividual dies or contact person appointment ends—\ncontact person\n(b) an approved supplier has supplied an approved substance under\n\n(c) either—\n(i) the appointment of the individual’s contact person ends\nand the contact person is not required to give the approved\nsubstance to the individual or a new contact person under\nsection 67; or\n(ii) the individual dies from any cause; and\n(d) the contact person is in possession of the approved substance at\nthe time of the appointment ending or the individual dying.\n(2) The contact person—\n(a) may possess any remaining approved substance for the purpose\nmentioned in paragraph (b); and\n(b) must give any remaining approved substance to an approved\ndisposer as soon as practicable, but not later than 14 days after\nthe day of whichever event mentioned in subsection (1) (c)\nhappens.\nMaximum penalty (paragraph (b)): 100 penalty units.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Giving approved substances to approved disposer—","content":"70 Giving approved substances to approved disposer—\n(b) the individual’s administering practitioner is in possession of an\napproved substance; and\n(c) any of the following happen:\n(i) the individual revokes the practitioner administration\ndecision;\n(ii) the individual dies from any cause;\n\n(iii) the administering practitioner is satisfied that the substance\nis not suitable for administration to the individual.\n(2) The administering practitioner—\nsoon as practicable, but not later than 14 days after the day of\nwhichever event mentioned in subsection (1) (c) happens.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Giving approved substances to approved disposer—","content":"71 Giving approved substances to approved disposer—\n(a) the administering practitioner functions for an individual are\ntransferred under section 46 or section 47; and\n(b) the original administering practitioner is in possession of an\napproved substance for the individual when the transfer takes\neffect; and\n(c) the original administering practitioner is not required to give the\napproved substance to the new administering practitioner under\nsection 65 (Giving, receiving and possessing approved\nsubstances—transfer of administering practitioner functions).\n(2) The original administering practitioner—\nsoon as practicable, but not later than 14 days after the day the\ntransfer takes effect.\n\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Giving expired approved substances to approved","content":"72 Giving expired approved substances to approved\ndisposer\n(a) an approved supplier has supplied an approved substance under\n(b) the approved substance is not used before it expires; and\n(c) the individual or another person is in possession of the\nsubstance.\n(2) The individual or other person—\nsoon as practicable, but not later than 14 days after the day they\nbecome aware that the substance has expired.\nMaximum penalty (paragraph (b)): 100 penalty units.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Disposal of approved substances by approved disposer","content":"73 Disposal of approved substances by approved disposer\n(1) This section applies if an approved disposer receives an approved\nsubstance from a person.\n(2) The approved disposer—\n(a) must, when they receive the approved substance, give the person\na written record of receiving the substance that includes any\ninformation prescribed by regulation; and\n(b) must, within 4 business days after the day they receive the\napproved substance, give the following entities a written notice\nof having received the substance that includes any information\nprescribed by regulation:\n(i) the board;\n\n(ii) the director-general; and\n(c) may possess the approved substance for the purpose of\ndisposing of it; and\n(d) must, as soon as practicable after receiving the approved\nsubstance, dispose of it in accordance with any disposal\nrequirements prescribed by regulation.\nMaximum penalty (paragraph (b) (i)): 20 penalty units.\n(3) Within 7 days after the day an approved disposer disposes of an\napproved substance, the disposer must—\n(a) prepare a written record of the disposal (a disposal record) that\nincludes any information prescribed by regulation; and\n(b) give the board a copy of the disposal record.\n(5) The approved disposer must keep the disposal record for at least\n2 years after the day they dispose of the approved substance.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Storage of approved substances","content":"74 Storage of approved substances\nA person who possesses an approved substance under this division\nmust store the substance in accordance with any storage requirements\n\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Offence—unauthorised administration of approved","content":"75 Offence—unauthorised administration of approved\nsubstance\n(1) A person commits an offence if the person—\n(a) administers an approved substance to an individual; and\n(b) is not authorised to administer the approved substance to the\nindividual under section 66 (Administering approved\nsubstances—administering practitioner).\n(2) This section does not apply if the person administers a medicine to\nanother person under the Medicines, Poisons and Therapeutic Goods\nAct 2008.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Offence—inducing self-administration of approved","content":"76 Offence—inducing self-administration of approved\nsubstance\ncoercion, induces an individual into self-administering an approved\nsubstance.\n\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Application—div 4.4","content":"77 Application—div 4.4\nThis division applies if an individual dies while an administration\ndecision is in effect for them.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Contact person to tell coordinating practitioner about","content":"78 Contact person to tell coordinating practitioner about\ndeath\n(a) an individual dies of any cause; and\n(b) there is a contact person appointment in effect when the\nindividual dies.\n(2) The individual’s contact person must, within 4 business days after the\nday they become aware of the individual’s death, tell the individual’s\ncoordinating practitioner about the death.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Coordinating practitioner to notify board and director-","content":"79 Coordinating practitioner to notify board and director-\ngeneral about death\n(1) This section applies if the individual dies of any cause.\n(2) Within 4 business days after the day the individual’s coordinating\npractitioner becomes aware of the individual’s death, the coordinating\npractitioner must give written notice of the death to—\n(a) the board; and\n(b) the director-general.\n\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Administering practitioner to notify board, coordinating","content":"80 Administering practitioner to notify board, coordinating\npractitioner and director-general about death\n(a) the individual dies of any cause; and\n(b) there is a practitioner administration decision in effect when the\nindividual dies; and\n(c) the individual’s administering practitioner is not—\n(i) the individual’s coordinating practitioner; or\n(ii) required to give the board an administration certificate\nunder section 81.\n(2) Within 4 business days after the day the administering practitioner\nbecomes aware of the individual’s death, the administering\n(a) give written notice of the death to—\n(ii) the director-general; and\n(b) if the administering practitioner is not the individual’s\ncoordinating practitioner—tell the coordinating practitioner\nabout the death.\nMaximum penalty (paragraph (a) (i)): 20 penalty units.\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Administration certificate","content":"81 Administration certificate\n(1) This section applies if an individual dies after their administering\npractitioner administers an approved substance to them.\n(2) The administering practitioner must give the director-general written\nnotice of the death within 4 business days after the day the individual\ndies.\n\n(3) The administering practitioner must prepare a written certificate\n(an administration certificate) certifying—\n(a) that the individual made a practitioner administration decision;\nand\n(b) that the individual did not revoke the practitioner administration\ndecision before the approved substance was administered; and\n(c) that the administering practitioner is satisfied that, immediately\nbefore administering the approved substance to the individual—\n(i) the individual had decision-making capacity in relation to\n(ii) the individual was acting voluntarily and without coercion;\nand\n(d) any other matter prescribed by regulation.\n(4) Within 4 business days after the day the administering practitioner\nadministers the approved substance to the individual, the\nadministering practitioner must give the board a copy of—\n(a) the administration certificate; and\n(b) the witness certificate.\nwitness certificate—see section 66 (4).\n\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Notice of death if individual dies following administration","content":"82 Notice of death if individual dies following administration\nof an approved substance\n(1) This section applies if a health practitioner—\n(a) is required to give the registrar-general written notice of the\ndeath and cause of death of an individual under the Births,\nDeaths and Marriages Registration Act 1997, section 35; and\n(b) knows or believes on reasonable grounds that the individual died\nafter an approved substance was administered by or to the\nindividual under this Act.\n(2) In the notice, the health practitioner—\n(a) must state that the individual’s cause of death was the condition\nmentioned in section 11 (1) (b); and\n(b) must not include any reference to voluntary assisted dying as the\ncause of death.\n(3) The health practitioner must also give the registrar-general written\nnotice that the individual’s manner of death was the administration of\nan approved substance by or to the individual under this Act.\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Health practitioner to notify board about death","content":"83 Health practitioner to notify board about death\n(1) This section applies if a health practitioner—\n(a) is required to give the registrar-general notice under section 82;\nbut\n(b) is not required to give the board notice of the individual’s death\nunder section 79, section 80 or section 81.\n(2) Within 4 business days after the day the health practitioner becomes\naware of the individual’s death, the health practitioner must give\nwritten notice of the death to—\n(a) the board; and\n\n(b) the director-general.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Board may request information from coordinating","content":"84 Board may request information from coordinating\npractitioner or contact person\n(1) This section applies if an individual’s coordinating practitioner gives\nthe board notice of the individual’s death under section 79 or\nsection 83.\n(2) The board may ask the following people to give the board information\nabout the individual’s death:\n(a) the coordinating practitioner;\n(b) if the individual had a contact person appointment in effect when\nthey died—the individual’s contact person.\n(3) A request under subsection (2) must—\n(b) state the information the board requires; and\n(c) state a reasonable period for the coordinating practitioner or\ncontact person to comply with the request; and\n(d) state that the coordinating practitioner or contact person may\nseek an extension of the period mentioned in paragraph (c)\nbefore or after the period ends.\n(4) The board may extend the period for the coordinating practitioner or\ncontact person to comply with a request under subsection (2) before\nor after the period ends.\n\n(5) The coordinating practitioner or contact person must comply with a\nrequest under subsection (2).\nNote 1 It is an offence to make a false or misleading statement, give false or\nNote 2 The Legislation Act, s 170 and s 171 deals with the application of the\nprivilege against self-incrimination and client legal privilege.\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Director-general must keep register about supply and","content":"85 Director-general must keep register about supply and\ndisposal of approved substances\n(1) The director-general must keep a register about the supply and\ndisposal of approved substances for the purpose of contacting any\nperson the director-general considers appropriate in relation to an\napproved substance that has been supplied under this Act.\n(2) The register—\n(a) must include any information prescribed by regulation; and\n(b) may include any other information the director-general\nconsiders appropriate.\n(3) The director-general may correct any mistake, error or omission in\nthe register.\n(4) The director-general may give information in the register to a relevant\nentity if—\n(a) the relevant entity requests the information; and\n(b) the director-general is satisfied that the information is relevant\nto the exercise of the relevant entity’s functions.\n\nMiscellaneous Division 4.5\nmedicines and poisons inspector—see the Medicines, Poisons and\nTherapeutic Goods Act 2008, section 99.\nrelevant entity means—\n(a) the board; or\n(b) a medicines and poisons inspector.\n\n","sortOrder":88},{"sectionNumber":"Part 5","sectionType":"part","heading":"Requirements for coordinating","content":"Part 5 Requirements for coordinating\npractitioners, consulting\npractitioners and administering\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Definitions—pt 5","content":"86 Definitions—pt 5\nauthorised administering practitioner means a health practitioner\nauthorised as an authorised administering practitioner under\nauthorised consulting practitioner means a health practitioner\nauthorised as an authorised consulting practitioner under\nauthorised coordinating practitioner means a health practitioner\nauthorised as an authorised coordinating practitioner under\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Meaning of authorised practitioner—div 5.2","content":"87 Meaning of authorised practitioner—div 5.2\nIn this division:\nauthorised practitioner means—\n(a) an authorised coordinating practitioner; or\n(b) an authorised consulting practitioner; or\n(c) an authorised administering practitioner.\n\nAuthorised practitioners Division 5.2\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Application for authorisation","content":"88 Application for authorisation\n(1) A health practitioner may apply to the director-general for\nauthorisation as 1 or more of the following:\n(a) a coordinating practitioner;\n(b) a consulting practitioner;\n(c) an administering practitioner.\n(2) An application must—\n(b) include any information prescribed by regulation.\n(3) The director-general may refuse to consider an application that does\nnot comply with subsection (2).\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Eligibility for authorisation","content":"89 Eligibility for authorisation\n(1) A health practitioner is eligible for authorisation as an authorised\ncoordinating practitioner or authorised consulting practitioner if the\nhealth practitioner—\n(a) is a doctor or nurse practitioner; and\n(b) meets any other eligibility requirements prescribed by\n(2) A health practitioner is eligible for authorisation as an authorised\nadministering practitioner if the health practitioner—\n(a) is a doctor, nurse practitioner or registered nurse; and\n(b) meets any other eligibility requirements prescribed by\n\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Director-general may require more information","content":"90 Director-general may require more information\n(1) The director-general may, in writing, require an applicant for\nauthorisation to give the director-general information that the\ndirector-general reasonably needs to decide the application.\n(2) If the applicant does not comply with a requirement under\nsubsection (1), the director-general may refuse to consider the\napplication further.\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Change of information must be provided","content":"91 Change of information must be provided\nIf the information in an application for authorisation changes before\nthe application is decided, the applicant must give the\ndirector-general written notice of the details of the change.\n","sortOrder":95},{"sectionNumber":"92","sectionType":"section","heading":"Deciding applications","content":"92 Deciding applications\nIf a health practitioner applies for authorisation, the director-general\nmust, in writing—\n(a) if the health practitioner is eligible for authorisation—authorise\nthe health practitioner; or\n(b) if the health practitioner is not eligible for authorisation—refuse\nto authorise the health practitioner.\n","sortOrder":96},{"sectionNumber":"93","sectionType":"section","heading":"Authorisation conditions","content":"93 Authorisation conditions\n(1) An authorised practitioner’s authorisation is subject to the following\nconditions:\n(a) any condition the director-general considers appropriate;\n(b) any condition prescribed by regulation.\n\nAuthorised practitioners Division 5.2\n(2) However, before imposing a condition under subsection (1) (a), the\ndirector-general must—\n(a) give the authorised practitioner a written notice that—\n(i) states the condition the director-general proposes to\nimpose; and\n(ii) states the reason the director-general proposes to impose\nthe condition; and\n(iii) tells the practitioner that the practitioner may give a written\nresponse to the director-general about the matters stated in\nthe notice not later than 28 days after the day the\npractitioner receives the notice; and\n(b) consider any response given to the director-general in\naccordance with paragraph (a) (iii).\n","sortOrder":97},{"sectionNumber":"94","sectionType":"section","heading":"Notifying director-general about change in eligibility for","content":"94 Notifying director-general about change in eligibility for\nauthorisation\nAn authorised practitioner must give the director-general written\nnotice about any of the following events or circumstances within\n14 days after the day the practitioner becomes aware of the event or\ncircumstance:\n(a) a change to the authorised practitioner’s name;\n(b) a change to the authorised practitioner’s contact details;\n(c) a change to the authorised practitioner’s eligibility to be an\nauthorised practitioner;\n(d) any other event or circumstance prescribed by regulation.\n\n","sortOrder":98},{"sectionNumber":"Div 5","sectionType":"division","heading":"3 Requirements for coordinating practitioners, consulting practitioners and","content":"Division 5.3 Requirements for coordinating practitioners, consulting practitioners and\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Revocation of authorisation","content":"95 Revocation of authorisation\nThe director-general may revoke an authorised practitioner’s\nauthorisation if—\n(a) the director-general is satisfied that the authorised practitioner is\nno longer eligible to be an authorised practitioner; or\n(b) the practitioner asks, in writing, for the authorisation to be\nrevoked.\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Register of authorised practitioners","content":"96 Register of authorised practitioners\n(1) The director-general must keep a register of authorised practitioners.\n(2) The register must include the details prescribed by regulation.\n(3) The register may also contain any other details the director-general\nconsiders appropriate.\n(4) The director-general may correct any mistake, error or omission in\nthe register.\n(5) The director-general must give a copy of the register to—\n(a) the approved care navigator service; and\n(b) the board.\nDivision 5.3 Requirements for coordinating\npractitioners, consulting practitioners\nand administering practitioners\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Requirements for acting as coordinating practitioner,","content":"97 Requirements for acting as coordinating practitioner,\nconsulting practitioner or administering practitioner\n(1) A person may act as a coordinating practitioner for an individual only\nif they—\n(a) are an authorised coordinating practitioner; and\n\nDivision 5.3\n(2) A person may act as a consulting practitioner for an individual only\nif they—\n(a) are an authorised consulting practitioner; and\n(3) A doctor must be either the coordinating practitioner or the consulting\npractitioner for an individual.\n(4) A person may act as an administering practitioner for an individual\nonly if they—\n(a) are an authorised administering practitioner; and\n(5) For this section, a person has a personal interest in relation to an\nindividual if the person—\n(b) knows or believes they are a beneficiary under the will of the\n(c) knows or believes they may otherwise benefit financially or in\nany other material way (other than by receiving reasonable fees\nfor the provision of services relating to their role as the\ncoordinating practitioner, consulting practitioner or\nadministering practitioner) from—\nor\n\nDivision 5.3 Requirements for coordinating practitioners, consulting practitioners and\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Acting as coordinating practitioner, consulting","content":"98 Acting as coordinating practitioner, consulting\npractitioner or administering practitioner when\nrequirements to act not met\nA person commits an offence if the person—\n(a) acts as the coordinating practitioner, consulting practitioner or\nadministering practitioner for an individual; and\n(b) does not meet the requirements in section 97 (Requirements for\nacting as coordinating practitioner, consulting practitioner or\nadministering practitioner).\nMaximum penalty: 100 penalty units, imprisonment for 12 months\nor both.\n\nConscientious objections—health practitioners and health service providers Part 6\n","sortOrder":103},{"sectionNumber":"Part 6","sectionType":"part","heading":"Conscientious objections—","content":"Part 6 Conscientious objections—\nhealth practitioners and health\nservice providers\n","sortOrder":104},{"sectionNumber":"99","sectionType":"section","heading":"Conscientious objection by health practitioner or health","content":"99 Conscientious objection by health practitioner or health\nservice provider\n(1) A health practitioner who has a conscientious objection to voluntary\nassisted dying may refuse to do any of the following:\n(a) act as a coordinating practitioner, consulting practitioner or\nadministering practitioner for an individual;\n(b) provide advice to a coordinating practitioner in relation to a\nreferral made under section 17 (Referral for advice about\neligibility requirements);\n(c) provide advice to a consulting practitioner in relation to a\nreferral made under section 24 (Referral for advice about\neligibility requirements);\n(d) supply an approved substance;\n(e) be present when an approved substance is administered by or to\n(2) A health service provider who has a conscientious objection to\nvoluntary assisted dying may refuse to do any of the following:\n(a) participate in a request and assessment process;\n(b) participate in an administration decision;\n(c) be present when an approved substance is administered by or to\n\nPart 6 Conscientious objections—health practitioners and health service providers\nhealth service provider—see the Health Act 1993, section 7.\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Giving individual contact details for approved care","content":"100 Giving individual contact details for approved care\nnavigator service\n(1) This section applies if a health practitioner or relevant health service\nprovider refuses to do a thing mentioned in section 99 in relation to\n(2) Within 2 business days after the day the health practitioner or health\nservice provider refuses to do the thing, they must give the individual,\nin writing, the contact details for the approved care navigator service.\nhealth service provider—see the Health Act 1993, section 7.\nrelevant health service provider means a health service provider\n\nGeneral Division 7.1\n","sortOrder":106},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 General","content":"Division 7.1 General\n","sortOrder":107},{"sectionNumber":"101","sectionType":"section","heading":"Definitions—pt 7","content":"101 Definitions—pt 7\n(1) In this part:\ncare service means a health service, aged care service or personal care\nservice.\nfacility means a place (other than an individual’s private residence)\nwhere a care service is provided to a resident of the facility,\nincluding—\n(a) a hospital; and\n(b) a hospice; and\n(c) a nursing home, hostel, respite facility or other facility where\naccommodation, nursing or personal care is provided to\nindividuals who, because of infirmity, illness, disease,\nincapacity or disability, have a need for accommodation, nursing\nor personal care; and\n(d) a residential care home within the meaning of the Aged Care\nAct 2024 (Cwlth), section 10.\nfacility operator means the entity that is responsible for the\nmanagement of a facility.\nresident, of a facility, means an individual who is staying at the\nfacility on a temporary or permanent basis to receive accommodation,\nnursing or personal care.\nExamples—resident\na permanent or temporary resident of a residential care home, an in-patient of a\nhospital, a resident of a hospice\n\ndisability—see the Disability Services Act 1991, dictionary.\npersonal care service means assistance or support of a personal\nnature that is provided to an individual under a contract, agreement\nor other arrangement, and includes—\n(a) assistance with bathing, showering, personal hygiene, toileting,\ndressing, undressing or meals; and\n(b) assistance with mobility problems; and\n(c) assistance or supervision in administering medicine; and\n(d) the provision of substantial emotional support.\n","sortOrder":108},{"sectionNumber":"102","sectionType":"section","heading":"Application—div 7.2","content":"102 Application—div 7.2\n(1) This division applies if—\n(a) an individual is a resident of a facility; and\n(b) the facility operator does not provide residents of the facility\nwith access to a relevant service.\nrelevant service means a service in relation to—\n(a) the provision of information about voluntary assisted dying; or\n(b) the exercise of a function under part 3 (Request and assessment\nprocess for access to voluntary assisted dying) or part 4\n(Accessing voluntary assisted dying and death) in relation to an\nindividual’s request for access to voluntary assisted dying.\n\nInformation and access obligations Division 7.2\n","sortOrder":109},{"sectionNumber":"103","sectionType":"section","heading":"Definitions—div 7.2","content":"103 Definitions—div 7.2\n(1) In this division:\ndeciding practitioner, for a decision about the transfer of an\nindividual, means—\n(a) if the individual has a coordinating practitioner—the\ncoordinating practitioner; or\n(b) if the individual does not have a coordinating practitioner—a\ntreating doctor of the individual.\nrelevant person means—\n(a) for information about voluntary assisted dying—any person\nwho can provide the information; and\n(b) for a request to access voluntary assisted dying—a person who\nis necessary for the exercise of a function under part 3 (Request\nand assessment process for access to voluntary assisted dying)\nor part 4 (Accessing voluntary assisted dying and death) in\nrelation to an individual’s request for access to voluntary\n","sortOrder":110},{"sectionNumber":"104","sectionType":"section","heading":"Obligation to allow relevant person to have reasonable","content":"104 Obligation to allow relevant person to have reasonable\naccess to individual who wants information about or\naccess to voluntary assisted dying\n(1) This section applies if the individual, or their agent, tells the facility\noperator, orally or in writing, that the individual wants—\n(a) information about voluntary assisted dying; or\n(b) to access voluntary assisted dying.\n\n(2) If the individual consents to seeing a relevant person, the facility\noperator must allow the relevant person to have reasonable access to\nthe individual at the facility at a time that is acceptable to the\n","sortOrder":111},{"sectionNumber":"105","sectionType":"section","heading":"Obligation to consider and facilitate transfer of individual","content":"105 Obligation to consider and facilitate transfer of individual\nwho wants to access voluntary assisted dying\n(a) section 104 applies; and\n(b) either—\n(i) the relevant person is unable to attend the facility at a time\nthat is acceptable to the individual; or\n(ii) the facility operator does not allow the relevant person to\nhave reasonable access to the individual at the facility in\naccordance with section 104.\n(2) The facility operator must ask the individual if they want to be\ntransferred to and from a place to see—\n(a) the relevant person (the first relevant person); or\n(b) another relevant person if—\n(i) the first relevant person is unable to see the individual at a\ntime or place that is acceptable to the individual; or\n(ii) the individual’s deciding practitioner decides that\ntransferring the individual to and from a place to see the\nfirst relevant person is unreasonable in the circumstances.\n\nInformation and access obligations Division 7.2\n(3) If the individual, or their agent, tells the facility operator that the\nindividual wants to be transferred to and from a place to see the first\nrelevant person or another relevant person, the operator must ask the\nindividual’s deciding practitioner to decide whether it is reasonable\nin the circumstances to transfer the individual to and from a place to\nsee the person.\n(4) The individual’s deciding practitioner must take the following into\naccount when deciding whether a transfer is reasonable in the\ncircumstances:\n(a) whether the transfer would be likely to cause serious harm to the\nindividual;\nExamples—serious harm\nsignificant pain, a significant deterioration in the individual’s condition\n(b) whether the transfer would be likely to adversely affect the\nindividual’s access to voluntary assisted dying;\nExample—adverse effect\nthe transfer would likely result in a loss of decision-making capacity,\nincluding because of the effects of any pain relief or medication that would\nbe required for the transfer\n(c) whether the transfer would be likely to cause undue delay or\nprolonged suffering in accessing voluntary assisted dying;\n(d) whether the place where it is proposed the individual would be\ntransferred to is available to receive the individual;\n(e) whether the individual would incur a financial loss or cost\nbecause of the transfer.\n\n(5) The facility operator must, as soon as reasonably practicable,\nfacilitate the transfer of the individual if—\n(a) the deciding practitioner decides that the transfer is reasonable\nin the circumstances; and\n(b) the individual consents to the transfer.\n(6) If the facility operator does not facilitate the transfer in accordance\nwith subsection (5), the operator must give the board written notice\nstating—\n(a) the reasons why the transfer did not happen; and\n(b) the steps taken by the operator to try to facilitate the transfer.\n(7) An offence against subsection (6) is a strict liability offence.\n","sortOrder":112},{"sectionNumber":"106","sectionType":"section","heading":"Obligation to make access to relevant person reasonably","content":"106 Obligation to make access to relevant person reasonably\npracticable\n(1) This section applies if the facility operator does not transfer the\nindividual under section 105 because the individual’s deciding\npractitioner decides that the transfer is unreasonable in the\ncircumstances.\n(2) If the individual consents to seeing the relevant person, the facility\noperator must take reasonable steps to allow the relevant person to\nhave access to the individual at the facility at a time that is acceptable\nto the individual.\n(3) If the relevant person is unable to attend the facility to see the\nindividual at a time that is acceptable to the individual, the facility\noperator must take reasonable steps to allow another relevant person\nto have access to the individual at the facility at a time that is\nacceptable to the individual if the individual consents to seeing the\nother relevant person.\n\nOther obligations Division 7.3\n(4) A facility operator commits an offence if the operator—\n(a) is required to take reasonable steps to allow a relevant person to\nhave reasonable access to an individual at the facility under\nsubsection (2) or (3); and\n(b) fails to take reasonable steps to allow a person to have\nreasonable access to the individual at the facility.\n","sortOrder":113},{"sectionNumber":"107","sectionType":"section","heading":"Obligations if individual wants information about","content":"107 Obligations if individual wants information about\n(1) This section applies if an individual, or their agent, tells the facility\noperator, orally or in writing, that the individual wants information\nabout voluntary assisted dying.\n(2) Within 2 business days after the day the request is made, the facility\noperator must give the individual, in writing, the contact details for\nthe approved care navigator service.\nMaximum penalty: 30 penalty units.\n(3) An offence against subsection (2) is a strict liability offence.\n(4) The facility operator must allow an employee or other official of the\napproved care navigator service to have reasonable access to the\nindividual at the facility at a time that is acceptable to the individual\nif—\n(a) the individual consents to seeing the employee or other official;\nand\n(b) the employee or other official is seeking the access for the\npurpose of giving the individual the requested information.\n\n","sortOrder":114},{"sectionNumber":"108","sectionType":"section","heading":"Facility operator must have policy","content":"108 Facility operator must have policy\n(1) A facility operator must have a policy that—\n(a) sets out how the operator will comply with its obligations under\ndivision 7.2; and\n(b) complies with any requirements prescribed by regulation.\n(2) The facility operator must publish its policy in a way that is likely to\ncome to the attention of the following people:\n(a) a resident of the facility;\n(b) an individual who accesses the website for the facility;\n(c) an individual who tells the facility operator that the individual\nor a family member of the individual is interested in becoming\na resident of the facility.\nExamples—publishing information in way likely to come to individual’s\nattention\n1 including the policy in a brochure about the facility operator\n2 displaying the policy on signs at the facility\n(3) If a person asks the facility operator for its policy, the operator must\nmake the policy available to the person within 2 business days after\nthe day the person asks for it.\n\nOther obligations Division 7.3\n","sortOrder":115},{"sectionNumber":"109","sectionType":"section","heading":"Facility operator must not withdraw or refuse to provide","content":"109 Facility operator must not withdraw or refuse to provide\ncare service\nA facility operator must not withdraw a care service from an\nindividual, or refuse to provide a care service to an individual, only\nbecause the operator knows that—\n(a) the individual or their agent has asked, or is likely to ask, for\ninformation about voluntary assisted dying; or\n(b) the individual has made, or is likely to make, a request to access\n\nPart 8 Voluntary assisted dying\noversight board\n110 Establishment of board\nThe Voluntary Assisted Dying Oversight Board is established.\n111 Members of board\nThe board consists of at least 4, but not more than 7 members,\nincluding the chair and deputy chair (if one is appointed).\n","sortOrder":116},{"sectionNumber":"112","sectionType":"section","heading":"Appointment of members","content":"112 Appointment of members\n(1) The Minister may appoint a person as a member of the board if\nsatisfied the person—\n(a) either—\n(i) has knowledge and expertise in 1 or more relevant area; or\n(ii) is likely to make a valuable contribution to the board\nbecause of the individual’s experience, knowledge and\nskills; and\n(b) is not, and has not been, bankrupt or personally insolvent; and\n(c) has not been convicted or found guilty of an indictable offence.\nNote 1 A conviction does not include a spent conviction or an\nextinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and\ns 19H (1) (c) (i)).\nNote 2 For laws about appointments, see the Legislation Act, pt 19.3.\n\nMembership of board Division 8.2\n(2) The Minister must ensure the membership of the board—\n(a) includes people with a range of experience, knowledge and\nskills relevant to the work of the board; and\n(b) takes into account the social, cultural and geographic\ncharacteristics of the ACT community and people who work or\nreceive medical treatment in the ACT; and\n(c) is not made up by a majority of members who are public\nemployees.\n(3) A member must be appointed for not longer than 3 years.\n(4) The conditions of appointment of a member (other than a member\nwho is a public servant) are the conditions stated in the appointment,\nsubject to any determination under the Remuneration Tribunal\nAct 1995.\ncarer—see the Carers Recognition Act 2021, section 6 (1).\nrelevant area means any of the following areas:\n(a) medicine;\n(b) nursing;\n(c) pharmacy;\n(d) psychology;\n(e) social work;\n(f) ethics;\n(g) law;\n(h) health care consumer representation or advocacy;\n\n(i) disability or carer representation or advocacy;\n(j) another area the Minister considers relevant to the performance\nof the board’s functions.\n","sortOrder":117},{"sectionNumber":"113","sectionType":"section","heading":"Appointment of chair","content":"113 Appointment of chair\n(1) The Minister must appoint a member of the board to be the chair of\nthe board.\n(2) The chair must be appointed for not longer than 3 years.\n(3) The conditions of appointment of the chair (other than a chair who is\na public servant) are the conditions stated in the appointment, subject\nto any determination under the Remuneration Tribunal Act 1995.\n","sortOrder":118},{"sectionNumber":"114","sectionType":"section","heading":"Appointment of deputy chair","content":"114 Appointment of deputy chair\n(1) The Minister may appoint a member of the board to be the deputy\nchair of the board.\n(2) The deputy chair must be appointed for not longer than 3 years.\n(3) The conditions of appointment of the deputy chair (other than a\ndeputy chair who is a public servant) are the conditions stated in the\nappointment, subject to any determination under the Remuneration\nTribunal Act 1995.\n","sortOrder":119},{"sectionNumber":"115","sectionType":"section","heading":"Ending member appointments","content":"115 Ending member appointments\nThe Minister may end the appointment of a member of the board\n(including the chair and any deputy chair) if the member—\n(a) contravenes a territory law; or\n(b) is absent from 3 consecutive meetings of the board, otherwise\nthan on approved leave; or\n(c) exercises the member’s functions other than in accordance with\nsection 116; or\n(d) fails to comply with section 117 without reasonable excuse; or\n\nMembership of board Division 8.2\n(e) has a physical or mental incapacity that substantially affects the\nexercise of the member’s functions; or\n(f) is not eligible for appointment as a member.\n","sortOrder":120},{"sectionNumber":"116","sectionType":"section","heading":"Honesty, care and diligence of board members","content":"116 Honesty, care and diligence of board members\nIn exercising the functions of a board member, a member must\nexercise the degree of honesty, care and diligence required to be\nexercised by a director of a corporation in relation to the affairs of the\ncorporation.\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Conflicts of interest by board members","content":"117 Conflicts of interest by board members\nA board member must take all reasonable steps to avoid being placed\nin a position where a conflict of interest arises during the exercise of\nthe member’s functions.\n","sortOrder":122},{"sectionNumber":"118","sectionType":"section","heading":"Disclosure of interests by board members","content":"118 Disclosure of interests by board members\n(1) This section applies to a member of the board if—\n(a) the member has a direct or indirect interest in an issue being\nconsidered, or about to be considered, by the board; and\n(b) the interest could conflict with the proper exercise of the\nmember’s functions in relation to the board’s consideration of\nthe issue.\n(2) As soon as practicable after the relevant facts come to the member’s\nknowledge, the member must disclose the nature of the interest to a\nmeeting of the board.\n(3) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\n\n","sortOrder":123},{"sectionNumber":"119","sectionType":"section","heading":"Functions of board","content":"119 Functions of board\n(1) The board has the following functions:\n(a) to monitor the operation of this Act;\n(b) to monitor requests for voluntary assisted dying;\n(c) to refer issues identified by the board in relation to voluntary\nassisted dying to the following people if those issues are relevant\nto the person:\n(i) the chief police officer;\n(ii) the coroner;\n(iii) the director-general;\n(iv) the human rights commission;\n(v) the national agency;\n(vi) the registrar-general;\n(d) to record and keep any information prescribed by regulation in\nrelation to a request for, or access to, voluntary assisted dying;\n(e) to analyse information given to the board under this Act and\nresearch matters relating to the operation of this Act;\n(f) to give the Minister advice in relation to—\n(i) the operation of this Act; or\n(ii) the board’s functions; or\n(iii) the improvement of the processes and safeguards for\nvoluntary assisted dying;\n(g) any other function given to the board under this Act or another\nterritory law.\n\nFunctions of board and members Division 8.3\n(2) In exercising its functions, the board—\n(a) must act independently and in the public interest; and\n(b) except as provided by this Act or another territory law, is not\nsubject to the direction and control of any person.\n(3) If the board refers an issue to a person under subsection (1) (c), the\nboard may give information to the person if satisfied that the\ninformation is relevant to the exercise of the person’s functions.\nnational agency means the national agency established under the\nHealth Practitioner Regulation National Law (ACT), section 23.\nNote The Health Practitioner Regulation National Law (ACT) Act 2010, s 6\napplies the Health Practitioner Regulation National Law set out in the\nHealth Practitioner Regulation National Law Act 2009 (Qld), schedule\nas if it were an ACT law called the Health Practitioner Regulation\nNational Law (ACT).\n","sortOrder":124},{"sectionNumber":"120","sectionType":"section","heading":"Functions of chair and deputy chair","content":"120 Functions of chair and deputy chair\n(1) The chair has the following functions:\n(a) to lead and direct the work of the board;\n(b) to ensure the board exercises its functions appropriately;\n(c) any other function given to the chair under this Act or another\nterritory law.\n(2) The deputy chair has the following functions:\n(a) to act as the chair—\n(i) during a vacancy in the office of the chair; and\n(ii) during all periods when the chair is absent from duty or\ncannot exercise the functions of the chair for any other\nreason;\n\n(b) any other function given to the deputy chair under this Act or\nanother territory law.\n","sortOrder":125},{"sectionNumber":"121","sectionType":"section","heading":"Ministerial directions","content":"121 Ministerial directions\n(1) The Minister may give directions to the board about the exercise of\nits functions under this Act.\n(2) However, a direction cannot be about the exercise of a function in\nrelation to a particular person.\n(3) The board must comply with a direction.\n(4) A direction is a notifiable instrument.\n","sortOrder":126},{"sectionNumber":"122","sectionType":"section","heading":"Decisions of board","content":"122 Decisions of board\n(1) A decision of the board on a question is valid if—\n(a) at least the number of members prescribed by regulation vote on\nthe question; and\n(b) the question is decided by the number of votes prescribed by\n(2) Each member has 1 vote on each question to be decided.\n(3) However, if the votes on a question are equal, the chair has a casting\nvote.\n","sortOrder":127},{"sectionNumber":"123","sectionType":"section","heading":"Board may request information from registrar-general","content":"123 Board may request information from registrar-general\n(1) If the board is given notice about the death of an individual under this\nAct, the board may ask the registrar-general for information recorded\nin the registrable events register about the individual’s death.\n(2) If a request for information is made under subsection (1), the\nregistrar-general must give the board the requested information.\n\nMiscellaneous Division 8.4\nregistrable events register means a register maintained under the\nBirths, Deaths and Marriages Registration Act 1997, section 39.\n","sortOrder":128},{"sectionNumber":"124","sectionType":"section","heading":"Delegation by board","content":"124 Delegation by board\nThe board may delegate its functions under this Act or another\nterritory law to a public servant.\n","sortOrder":129},{"sectionNumber":"125","sectionType":"section","heading":"Director-general to give support to board","content":"125 Director-general to give support to board\nThe director-general must provide administrative support and\nfacilities to the board.\n","sortOrder":130},{"sectionNumber":"126","sectionType":"section","heading":"Arrangements for board staff and facilities","content":"126 Arrangements for board staff and facilities\nThe board may arrange with the head of service to use—\n(a) the services of a public servant; or\n(b) territory facilities.\nNote The head of service may delegate powers in relation to the management\nof public servants to a public servant or another person (see Public Sector\nManagement Act 1994, s 18).\n","sortOrder":131},{"sectionNumber":"127","sectionType":"section","heading":"Annual reporting of board","content":"127 Annual reporting of board\nThe board must prepare an annual report under the Annual Reports\n(Government Agencies) Act 2004.\n\n","sortOrder":132},{"sectionNumber":"128","sectionType":"section","heading":"Meaning of conduct—pt 9","content":"128 Meaning of conduct—pt 9\nFor this part, conduct means an act or omission to do an act.\n","sortOrder":133},{"sectionNumber":"129","sectionType":"section","heading":"Board members and people assisting board","content":"129 Board members and people assisting board\n(1) A relevant person is not civilly liable for conduct engaged in honestly\nand without recklessness—\n(a) in the exercise of a function of the board under this Act or\nanother territory law; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction of the board under this Act or another territory law.\n(2) Any liability that would, apart from this section, attach to the relevant\nperson attaches instead to the Territory.\nrelevant person means—\n(a) a member of the board; or\n(b) a person assisting the board to exercise its functions.\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"People engaging in conduct under Act","content":"130 People engaging in conduct under Act\nA person is not civilly or criminally liable for conduct engaged in\nunder this Act if the person engages in the conduct honestly and on\nreasonable grounds.\n\nProtection from liability Part 9\n","sortOrder":135},{"sectionNumber":"131","sectionType":"section","heading":"Health practitioners and ambulance service members","content":"131 Health practitioners and ambulance service members\n(1) A health practitioner or ambulance service member is not civilly or\ncriminally liable for not administering life sustaining treatment to an\nindividual if the health practitioner or ambulance service member\nbelieves on reasonable grounds that the individual—\n(a) is dying after self-administering or being administered with an\napproved substance in accordance with this Act; and\n(b) has not requested the administration of life sustaining treatment.\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law (ACT) to practise a health\nprofession, including a student.\nNote The Health Practitioner Regulation National Law (ACT) Act 2010, s 6\napplies the Health Practitioner Regulation National Law set out in the\nHealth Practitioner Regulation National Law Act 2009 (Qld), schedule\nas if it were an ACT law called the Health Practitioner Regulation\nNational Law (ACT).\nmember, of the ambulance service—see the Emergencies Act 2004,\ndictionary.\n","sortOrder":136},{"sectionNumber":"132","sectionType":"section","heading":"Engaging in conduct under Act not breach of","content":"132 Engaging in conduct under Act not breach of\nprofessional standards etc\n(1) This section applies if a person, honestly and on reasonable grounds,\nengages in conduct under this Act.\n(2) The conduct is not, in itself—\n(a) a breach of professional ethics or standards or any principles of\nconduct applicable to the person’s employment; or\n(b) professional misconduct or unprofessional conduct.\n\n","sortOrder":137},{"sectionNumber":"133","sectionType":"section","heading":"Provisions of part do not affect complaints or referrals","content":"133 Provisions of part do not affect complaints or referrals\nTo remove any doubt, nothing in this part prevents—\n(a) the making of a notification about a person under the Health\nPractitioner Regulation National Law (ACT); or\nNote The Health Practitioner Regulation National Law (ACT) Act 2010,\ns 6 applies the Health Practitioner Regulation National Law set out\nin the Health Practitioner Regulation National Law\nAct 2009 (Qld), schedule as if it were an ACT law called the Health\nPractitioner Regulation National Law (ACT).\n(b) the making of a complaint under the Human Rights Commission\nAct 2005; or\n(c) the making of a corruption complaint under the Integrity\nCommission Act 2018; or\n(d) the referral of an issue under section 119 (1) (c) (Functions of\nboard); or\n(e) any other referral (however described) under a law applying in\nthe ACT; or\n(f) the making of any other complaint (however described) under a\nlaw applying in the ACT.\n\nGeneral Division 10.1\n","sortOrder":138},{"sectionNumber":"Part 10","sectionType":"part","heading":"Review of coordinating","content":"Part 10 Review of coordinating\npractitioner, consulting\npractitioner and administering\n","sortOrder":139},{"sectionNumber":"Div 10","sectionType":"division","heading":"1 General","content":"Division 10.1 General\n","sortOrder":140},{"sectionNumber":"134","sectionType":"section","heading":"Definitions—pt 10","content":"134 Definitions—pt 10\naffected person, for a reviewable decision, means—\n(a) the individual about whom the reviewable decision was made;\nor\n(b) any other person who has a sufficient and genuine interest in the\nrights of the individual mentioned in paragraph (a) in relation to\ndecision-maker, for a reviewable decision, means the person\nmentioned in schedule 1, column 4 in relation to the decision.\nregistrar—see the ACT Civil and Administrative Tribunal Act 2008,\ndictionary.\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n\nDivision 10.2 Reviewable decision notices and applications for review of reviewable\nDivision 10.2 Reviewable decision notices and\napplications for review of reviewable\n135 Reviewable decision notices\n(1) If a decision-maker makes a reviewable decision about an individual,\nthe decision-maker must give the individual a notice that includes any\n(2) A failure to comply with subsection (1) does not affect the validity of\nthe decision.\n","sortOrder":141},{"sectionNumber":"136","sectionType":"section","heading":"Making application for review of reviewable decision","content":"136 Making application for review of reviewable decision\n(1) An affected person for a reviewable decision may apply to the ACAT\nfor review of the decision.\n(2) If the reviewable decision is a decision mentioned in schedule 1,\nitems 1, 3, 5, 7, 9, 11, 13, 15, 17 or 19, an application must be made\nnot later than 5 days after the later of—\n(a) the day the individual is given a copy of the relevant report; and\n(b) the day the affected person making the application for review\nbecomes aware of the reviewable decision.\n(3) If the reviewable decision is a decision mentioned in schedule 1,\nitems 2, 4, 6, 8, 10, 12, 14, 16, 18 or 20, an application must be made\nnot later than 28 days after the later of—\n(a) the day the individual is given a copy of the relevant report; and\n(b) the day the affected person making the application for review\nbecomes aware of the reviewable decision.\n\nReviewable decision notices and applications for review of reviewable\nDivision 10.2\nrelevant report means—\n(a) for a decision mentioned in schedule 1, items 1 to 6—the first\nassessment report for the individual; or\n(b) for a decision mentioned in schedule 1, items 7 to 12—the\nconsulting assessment report for the individual; or\n(c) for a decision mentioned in schedule 1, items 13 to 20—the final\nassessment report for the individual.\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Parties to application for review","content":"137 Parties to application for review\nThe following people are parties to an application for review:\n(a) if the individual about whom the reviewable decision was made\nis not the applicant—the individual;\n(b) if the decision-maker is not the individual’s coordinating\npractitioner—the coordinating practitioner.\nNote The applicant and the decision-maker are also parties to an application\n(see ACT Civil and Administrative Tribunal Act 2008, s 29 (1)).\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Application for review suspends process for accessing","content":"138 Application for review suspends process for accessing\n(1) This section applies if an affected person applies to the ACAT for\nreview of a reviewable decision.\n(2) If the request and assessment process for the individual is not\ncomplete, the request and assessment process is suspended until the\nearlier of—\n(a) the day the application for review is withdrawn; and\n(b) the day the application for review (including any appeal) is\nfinalised.\n\nDivision 10.2 Reviewable decision notices and applications for review of reviewable\n(3) If the request and assessment process for the individual is complete,\nthe application of part 4 (Accessing voluntary assisted dying and\ndeath) is suspended until the earlier of—\n(a) the day the application for review is withdrawn; and\n(b) the day the application for review (including any appeal) is\nfinalised.\n(4) For this section, a request and assessment process for an individual is\ncomplete if the individual’s coordinating practitioner has prepared a\nfinal assessment report for the individual under section 36 (2).\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Registrar must give notice of application for review","content":"139 Registrar must give notice of application for review\nWithin 2 days after the day an affected person applies for review of a\nreviewable decision, the registrar must give a copy of the application\nto—\n(a) each party to the application; and\n(b) if the individual has a consulting practitioner and the consulting\npractitioner is not a party to the application—the consulting\npractitioner; and\n(c) the board; and\n(d) any other person the ACAT directs a copy of the application be\ngiven to.\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Application for review taken to be withdrawn if individual","content":"140 Application for review taken to be withdrawn if individual\ndies\n(a) an application for review of a reviewable decision is made under\nsection 136; and\n(b) the individual about whom the reviewable decision was made\ndies.\n\nProcedural matters Division 10.3\n(2) The application is taken to be withdrawn.\n(3) The registrar must, as soon as practicable after becoming aware of the\nindividual’s death, give notice of the withdrawal to—\n(a) any person who was given notice of the application under\nsection 139; and\n(b) any other person the ACAT directs a copy of the notice be given\nto.\nDivision 10.3 Procedural matters\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Coordinating practitioner and consulting practitioner","content":"141 Coordinating practitioner and consulting practitioner\nmust give documents to ACAT\n(1) If the registrar gives an individual’s coordinating practitioner or\nconsulting practitioner a copy of an application for review, the\nregistrar must also give the coordinating practitioner or consulting\npractitioner written notice requiring them to give the ACAT any\ndocuments that are—\n(a) in their possession or under their control; and\n(b) relevant to the decision being reviewed.\n(2) The coordinating practitioner or consulting practitioner must give the\nACAT the documents mentioned in subsection (1) not later than 2\ndays after the day the registrar gives them the notice.\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Hearings must take place in private","content":"142 Hearings must take place in private\n(1) The hearing of an application for review of a reviewable decision\nmust take place in private.\n(2) The ACAT may make an order allowing stated people to be present\nat the hearing if satisfied that it is appropriate to make the order.\n\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"Non-publication orders","content":"143 Non-publication orders\n(1) The ACAT may, on application by a party or on its own initiative,\nmake an order prohibiting or restricting—\n(a) the publication of—\n(i) evidence given at the hearing; or\n(ii) matters contained in documents filed with the tribunal or\nreceived in evidence by the tribunal for the hearing; or\n(b) the disclosure to some or all of the parties to the application of—\n(i) evidence given at the hearing; or\n(ii) matters contained in documents filed with the tribunal or\nreceived in evidence by the tribunal for the hearing.\n(2) A person must not contravene an order made under subsection (1).\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Members constituting ACAT","content":"144 Members constituting ACAT\nFor a proceeding under this part, the ACAT may be made up of a\npresidential member alone, but not a non-presidential member alone.\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"Orders following review of reviewable decision","content":"145 Orders following review of reviewable decision\n(1) If the ACAT reviews a reviewable decision, the ACAT must, by\norder, decide that the individual—\n(a) for a reviewable decision mentioned in schedule 1, items 1, 2, 7,\n8, 13, 14, 17 or 18—\n(i) has decision-making capacity in relation to voluntary\nassisted dying; or\n\nDecisions of ACAT Division 10.4\n(ii) does not have decision-making capacity in relation to\n(b) for a reviewable decision mentioned in schedule 1, items 3, 4, 9,\n10, 15, 16, 19 or 20—\n(i) is acting voluntarily and without coercion; or\n(ii) is not acting voluntarily and without coercion; and\n(c) for a reviewable decision mentioned in schedule 1, items 5, 6,\n11 or 12—\n(i) has lived in the ACT for at least the previous 12 months;\nor\n(ii) has not lived in the ACT for at least the previous\n12 months.\n(2) An order made under subsection (1) takes effect—\n(a) on the day the order is made; or\n(b) if a later date is stated in the order—on the stated date.\n","sortOrder":151},{"sectionNumber":"146","sectionType":"section","heading":"Effect of ACAT decision that individual meets relevant","content":"146 Effect of ACAT decision that individual meets relevant\nrequirement\n(1) This section applies if the ACAT—\n(a) makes any of the following orders under section 145:\n(i) an order that the individual has decision-making capacity\nin relation to voluntary assisted dying;\n(ii) an order that the individual is acting voluntarily and\nwithout coercion;\n(iii) an order that the individual has lived in the ACT for at least\nthe previous 12 months; and\n\n(b) does not also make any of the following orders under\nsection 145 in the same proceeding:\n(i) an order that the individual does not have decision-making\ncapacity in relation to voluntary assisted dying;\n(ii) an order that the individual is not acting voluntarily and\nwithout coercion;\n(iii) an order that the individual has not lived in the ACT for at\nleast the previous 12 months.\n(2) The order is taken to be the decision of the decision-maker for the\nreviewable decision.\n","sortOrder":152},{"sectionNumber":"147","sectionType":"section","heading":"Effect of ACAT decision that individual does not meet","content":"147 Effect of ACAT decision that individual does not meet\nrelevant requirement\n(1) This section applies if the ACAT makes any of the following orders\nunder section 145:\n(a) an order that the individual does not have decision-making\ncapacity in relation to voluntary assisted dying;\n(b) an order that the individual is not acting voluntarily and without\ncoercion;\n(c) an order that the individual has not lived in the ACT for at least\nthe previous 12 months.\n(2) If the order relates to a reviewable decision mentioned in schedule 1,\nitems 1 to 12—\n(a) the individual is taken not to have met the eligibility\n(b) the request and assessment process for the individual ends.\n\nDecisions of ACAT Division 10.4\n(3) If the order relates to a reviewable decision mentioned in schedule 1,\nitems 13 to 20—\n(a) the individual is taken not to have met the final assessment\n(b) the request and assessment process for the individual ends; and\n(c) part 4 (Accessing voluntary assisted dying and death) does not\napply to the individual.\n","sortOrder":153},{"sectionNumber":"148","sectionType":"section","heading":"Registrar must give decision to consulting practitioner if","content":"148 Registrar must give decision to consulting practitioner if\nconsulting practitioner not party\n(a) an individual about whom a reviewable decision was made has\na consulting practitioner; and\n(b) an application for review of the decision is made and the\nconsulting practitioner is not a party to the application; and\n(c) a final order is made in relation to the application (including any\nappeal).\n(2) The registrar must give the consulting practitioner a copy of the final\norder as soon as practicable after the ACAT makes the order.\n","sortOrder":154},{"sectionNumber":"149","sectionType":"section","heading":"Coordinating practitioner must give copy of ACAT","content":"149 Coordinating practitioner must give copy of ACAT\ndecision to board\n(a) the ACAT makes a final order in relation to the application for\nreview (including any appeal); and\n(b) the registrar gives the individual’s coordinating practitioner a\ncopy of the final order.\n\n(2) Within 4 business days after the day the registrar gives the\ncoordinating practitioner a copy of the final order, the coordinating\npractitioner must give the board a copy of the order.\n\nReview of other decisions Part 11\n","sortOrder":155},{"sectionNumber":"Part 11","sectionType":"part","heading":"Review of other decisions","content":"Part 11 Review of other decisions\n","sortOrder":156},{"sectionNumber":"150","sectionType":"section","heading":"Definitions—pt 11","content":"150 Definitions—pt 11\naffected person, for a reviewable decision, means the person\nmentioned in schedule 2, column 4 in relation to the decision.\nreviewable decision means a decision mentioned in schedule 2,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":157},{"sectionNumber":"151","sectionType":"section","heading":"Reviewable decision notices","content":"151 Reviewable decision notices\nIf the director-general makes a reviewable decision, the\ndirector-general must give a reviewable decision notice to each\naffected person.\nNote The director-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":158},{"sectionNumber":"152","sectionType":"section","heading":"Applications for review","content":"152 Applications for review\nAn affected person may apply to the ACAT for a review of a\nreviewable decision.\n\n","sortOrder":159},{"sectionNumber":"153","sectionType":"section","heading":"Exercise of enforcement powers under Medicines,","content":"153 Exercise of enforcement powers under Medicines,\nPoisons and Therapeutic Goods Act 2008\n(1) A medicines and poisons inspector may exercise their powers under\nthe Medicines, Poisons and Therapeutic Goods Act 2008, chapter 7\n(Enforcement) for the purpose of investigating, monitoring and\nenforcing compliance with this Act.\n(2) For subsection (1), a reference in that chapter to an offence against\nthat Act is taken to be a reference to an offence against this Act.\nmedicines and poisons inspector—see the Medicines, Poisons and\nTherapeutic Goods Act 2008, section 99.\n","sortOrder":160},{"sectionNumber":"154","sectionType":"section","heading":"Residency exemptions","content":"154 Residency exemptions\n(1) The director-general must, on application, grant an individual an\nexemption from the eligibility requirement mentioned in\nsection 11 (1) (f) (i) if satisfied that the individual has a substantial\nconnection to the ACT.\nExamples—substantial connection to the ACT\n1 an individual who has lived in a place close to the ACT border for at least the\nprevious 12 months and who works in the ACT or receives medical treatment\nin the ACT\n2 an individual who has moved to the ACT so that family, friends or carers who\nlive in the ACT can provide care and support to the individual\n3 an individual who previously lived in the ACT and whose family, friends or\ncarers live in the ACT\n4 an Aboriginal or Torres Strait Islander individual who has substantial\nconnections with the ACT community and wishes to die on Country\n5 an individual who has lived in the ACT for less than 12 months but who was\ndiagnosed with a condition mentioned in s 11 (1) (b) after moving to the ACT\n\n(2) An application must—\n(b) include details about the individual’s substantial connection to\nthe ACT; and\n(c) include any information prescribed by regulation.\n","sortOrder":161},{"sectionNumber":"155","sectionType":"section","heading":"Requirements for health professionals when raising","content":"155 Requirements for health professionals when raising\nvoluntary assisted dying as an end of life choice\n(1) A doctor or nurse practitioner with the necessary expertise may raise\nvoluntary assisted dying with an individual for the individual to\nconsider their end of life choices only if the doctor or nurse\npractitioner—\n(a) knows or believes on reasonable grounds that the individual has\nbeen diagnosed with a condition or conditions mentioned in\nsection 11 (1) (b); and\n(b) takes reasonable steps to ensure the individual knows of—\n(i) the treatment options available for the condition or\nconditions; and\n(ii) the likely outcome of the treatment options; and\n(iii) the palliative care options available to the individual; and\n(iv) the likely outcome of the palliative care options.\n(2) A relevant health professional may raise voluntary assisted dying\nwith an individual for the individual to consider their end of life\nchoices only if the relevant health professional—\n(a) knows or believes on reasonable grounds that the individual has\nbeen diagnosed with a condition or conditions mentioned in\nsection 11 (1) (b); and\n\n(b) takes reasonable steps to ensure the individual knows that—\n(i) treatment and palliative care options are available to the\n(ii) the individual should discuss the options with their treating\ndoctor.\nnecessary expertise—a doctor or nurse practitioner has the necessary\nexpertise if they are satisfied that they have the expertise to\nappropriately discuss treatment and palliative care options with an\nrelevant health professional means—\n(a) a counsellor who meets the requirements prescribed by\nregulation; or\n(b) a health practitioner other than a doctor or nurse practitioner\nwith the necessary expertise; or\n(c) a social worker who meets the requirements prescribed by\nregulation; or\n(d) any other health professional prescribed by regulation.\n","sortOrder":162},{"sectionNumber":"156","sectionType":"section","heading":"Interpreters","content":"156 Interpreters\n(1) An interpreter for an individual who is accessing voluntary assisted\ndying or requesting access to voluntary assisted dying must not—\n(a) be a family member of the individual; or\n(b) know or believe they are a beneficiary under the will of the\n\n(c) know or believe they may otherwise benefit financially or in any\nother material way (other than by receiving reasonable fees for\nthe provision of interpreting services) from—\nor\n(ii) the death of the individual; or\n(d) be an owner, or be responsible for the management, of a facility\nwhere the individual is a resident; or\n(e) be directly involved in providing a health service, aged care\nservice or personal care service to the individual.\n(2) Despite subsection (1), the director-general may authorise an\ninterpreter to provide interpretation services for an individual\nrequesting access to voluntary assisted dying if the director-general is\nsatisfied that—\n(a) no other interpreter is reasonably available; or\n(b) there are exceptional circumstances for the authorisation.\nfacility—see section 101 (1).\npersonal care service—see section 101 (2).\nresident, of a facility—see section 101 (1).\n\n","sortOrder":163},{"sectionNumber":"157","sectionType":"section","heading":"Technical error does not invalidate processes","content":"157 Technical error does not invalidate processes\n(1) The following errors and failures do not affect the validity of a request\nand assessment process or administration process:\n(a) a formal error in, or in relation to—\n(i) a report, record or other notice given to the board by a\nrelevant practitioner under part 3 (Request and assessment\nprocess for access to voluntary assisted dying) or part 4\n(Accessing voluntary assisted dying and death); or\n(ii) a relevant practitioner telling a person about a decision\nunder part 3 or part 4;\n(b) a failure by a relevant practitioner to do a thing mentioned in\nparagraph (a) (i) or (ii) within the stated time.\nadministration process means the process that consists of the\nfollowing steps:\n(a) an administration decision;\n(b) a contact person appointment;\n(c) administration of an approved substance by or to an individual.\nformal error means—\n(a) a minor or technical error; or\n(b) a clerical error; or\n(c) a defect of form.\nrelevant practitioner means a coordinating practitioner, consulting\npractitioner, administering practitioner or other health practitioner\nwho exercises a function under part 3 or part 4.\n\n","sortOrder":164},{"sectionNumber":"158","sectionType":"section","heading":"Approved care navigator service","content":"158 Approved care navigator service\n(1) The director-general may approve 1 entity to be the voluntary assisted\ndying care navigator service for this Act.\n(2) An approval is a notifiable instrument.\n(3) The purpose of the approved care navigator service is to provide\nsupport, assistance and information to people relating to voluntary\n","sortOrder":165},{"sectionNumber":"159","sectionType":"section","heading":"Director-general may make guidelines","content":"159 Director-general may make guidelines\n(1) The director-general may make guidelines for this Act.\n(2) The guidelines must be consistent with the objects and principles of\n(3) A guideline is a disallowable instrument.\n(4) A person must comply with a guideline applying to the person.\n","sortOrder":166},{"sectionNumber":"160","sectionType":"section","heading":"Use or divulge protected information","content":"160 Use or divulge protected information\n(1) A person commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\n(2) A person commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\n(3) Subsections (1) and (2) do not apply—\n(a) if the information is used or divulged—\n(i) under this Act or another law applying in the ACT; or\n(ii) in relation to the exercise of a function by a person under\nthis Act or another law applying in the ACT; or\n(iii) in a court proceeding; or\n(b) to the using or divulging of protected information about a person\nwith the person’s consent.\n(4) A person need not divulge protected information to a court, or\nproduce a document containing protected information to a court,\nunless it is necessary to do so for this Act or another law applying in\nthe ACT.\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish.\nproduce includes allow access to.\n\nprotected information means information about a person that is\ndisclosed to, or obtained by another person because of the exercise,\nor the purported exercise, of a function under this Act by the other\nperson or someone else.\nuse, in relation to information, includes make a record of the\ninformation.\n","sortOrder":167},{"sectionNumber":"161","sectionType":"section","heading":"Regulation-making power","content":"161 Regulation-making power\nThe Executive may make regulations for this Act.\n","sortOrder":168},{"sectionNumber":"162","sectionType":"section","heading":"Review of Act","content":"162 Review of Act\n(1) The Minister must review the operation and effectiveness of this Act\nas soon as practicable—\n(a) 3 years after the day this section commences; and\n(b) every 5 years after the first review of this Act is presented to the\nLegislative Assembly.\n(2) The first review must include a review in relation to the following\nmatters:\n(a) section 11 (3), definition of advanced;\n(b) whether an individual should be allowed access to voluntary\nassisted dying under this Act if the individual—\n(i) has lived in the ACT for less than 12 months and is not\neligible for an exemption under section 154; or\n(ii) is a child with decision-making capacity in relation to\nvoluntary assisted dying; or\n(iii) seeks to access voluntary assisted dying through advanced\ncare planning.\n(3) The Minister must present a report of each review to the Legislative\nAssembly.\n\nSchedule 1 Reviewable decisions—coordinating practitioner, consulting practitioner\nSchedule 1 Reviewable decisions—\ncoordinating practitioner,\nconsulting practitioner and\n(see pt 10)\nitem\n1 16 (1) (a) individual meets the eligibility\ns 11 (1) (d)\n2 16 (1) (a) individual does not meet the\nin s 11 (1) (d)\n3 16 (1) (a) individual meets the eligibility\ns 11 (1) (e)\n4 16 (1) (a) individual does not meet the\nin s 11 (1) (e)\n5 16 (1) (a) individual meets the eligibility\ns 11 (1) (f) (i)\n6 16 (1) (a) individual does not meet the\nin s 11 (1) (f) (i)\n7 23 (1) (a) individual meets the eligibility\ns 11 (1) (d)\n\nReviewable decisions—coordinating practitioner, consulting practitioner\nSchedule 1\nitem\n8 23 (1) (a) individual does not meet the\nin s 11 (1) (d)\n9 23 (1) (a) individual meets the eligibility\ns 11 (1) (e)\n10 23 (1) (a) individual does not meet the\nin s 11 (1) (e)\n11 23 (1) (a) individual meets the eligibility\ns 11 (1) (f) (i)\n12 23 (1) (a) individual does not meet the\nin s 11 (1) (f) (i)\n13 35 individual meets the final\n14 35 individual does not meet the final\n15 35 individual meets the final\n16 35 individual does not meet the final\n17 59 (1) (f) (i) individual meets the final\n18 59 (1) (f) (i) individual does not meet the final\n\nSchedule 1 Reviewable decisions—coordinating practitioner, consulting practitioner\nitem\n19 59 (1) (f) (i) individual meets the final\n20 59 (1) (f) (i) individual does not meet the final\n\nReviewable decisions—other decisions Schedule 2\n","sortOrder":169},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions—other","content":"Schedule 2 Reviewable decisions—other\n(see pt 11)\nitem\ndecision\naffected person\n1 92 (b) refuse to authorise person to be\ncoordinating practitioner,\nconsulting practitioner or\napplicant for\nauthorisation\n2 95 (a) revoke authorisation because\nauthorised practitioner no longer\neligible for authorisation\nauthorised practitioner\n3 154 (1) refuse to grant residency\nexemption\napplicant for exemption\n\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act. For\nexample:\n• ACAT\n• adult\n• ambulance service\n• bankrupt or personally insolvent\n• business day\n• child\n• doctor\n• health practitioner\n• individual\n• nurse\n• nurse practitioner\n• public employee\n• the Territory.\nadminister, for an approved substance, means to introduce the\nsubstance into the body of an individual by any means.\nadministering practitioner, for an individual, means—\n(a) the individual mentioned in section 44 (4); or\n(b) if the functions of the administering practitioner are transferred\nto another health practitioner under section 46 or section 47—\nthat health practitioner.\nadministration decision means a practitioner administration decision\nor a self-administration decision.\naffected person, for a reviewable decision—\n(a) for part 10 (Review of coordinating practitioner, consulting\npractitioner and administering practitioner decisions)—see\nsection 134; and\n\n(b) for part 11 (Review of other decisions)—see section 150.\napproved care navigator service means the entity approved under\nsection 158.\napproved disposer means a health practitioner approved under\nsection 57 (1) (b).\napproved substance means a medicine approved under section 56.\napproved supplier means a health practitioner approved under\nsection 57 (1) (a).\nauthorised administering practitioner, for part 5 (Requirements for\nauthorised consulting practitioner, for part 5 (Requirements for\nauthorised coordinating practitioner, for part 5 (Requirements for\nauthorised practitioner, for division 5.2 (Authorised practitioners)—\nsee section 87.\nboard means the Voluntary Assisted Dying Oversight Board\nestablished under section 110.\ncare service, for part 7 (Obligations of facility operators)—see\nconduct, for part 9 (Protection from liability)—see section 128.\nconscientious objection, in relation to voluntary assisted dying,\nmeans a religious or other conscientious objection to voluntary\nconsulting assessment—see section 23 (1).\nconsulting assessment report—see section 25 (1) (a).\n\nconsulting practitioner, for an individual, means the person\nmentioned in section 22 (4).\ncontact person, for an individual, means the person appointed by the\nindividual as a contact person under section 51.\ncoordinating practitioner, for an individual, means—\n(a) the person mentioned in section 14 (4); or\n(b) if the functions of the coordinating practitioner are transferred\nto another health practitioner under section 37 or section 38—\nthat health practitioner.\ndeciding practitioner, for a decision about the transfer of an\nindividual, for division 7.2 (Information and access obligations)—see\nsection 103 (1).\ndecision-maker, for a reviewable decision, for part 10 (Review of\ncoordinating practitioner, consulting practitioner and administering\npractitioner decisions)—see section 134.\ndecision-making capacity, in relation to voluntary assisted dying—\nsee section 12.\neligibility requirements—see section 11.\nfacility, for part 7 (Obligations of facility operators)—see\nfacility operator, for part 7 (Obligations of facility operators)—see\nfinal assessment—see section 35.\nfinal assessment report—see section 36 (2).\nfinal assessment requirements—see section 31.\nfinal request—see section 32 (1).\nfirst assessment—see section 16 (1).\nfirst assessment report—see section 18 (1) (a).\n\nfirst request—see section 13 (1).\nhealth record—see the Health Records (Privacy and Access)\nAct 1997, dictionary.\npossess, an approved substance, for division 4.3 (Dealing with\napproved substances)—see the Medicines, Poisons and Therapeutic\nGoods Act 2008, section 24.\npractitioner administration decision means a decision made by an\nindividual under section 42 (1) (b) or section 43 (1) (a).\nprescribe, an approved substance, for division 4.3 (Dealing with\napproved substances)—see section 55 (1).\nprescription, in relation to an approved substance, for division 4.3\n(Dealing with approved substances)—see section 55 (1).\nregistrar, for part 10 (Review of coordinating practitioner, consulting\npractitioner and administering practitioner decisions)—see the ACT\nCivil and Administrative Tribunal Act 2008, dictionary.\nrelevant person, for division 7.2 (Information and access\nobligations)—see section 103 (2).\nrequest and assessment process means the process that consists of\nthe following:\n(a) a first request;\n(b) a first assessment;\n(c) a consulting assessment;\n(d) a second request;\n(e) a final request;\n(f) a final assessment.\nresident, of a facility, for part 7 (Obligations of facility operators)—\nsee section 101 (1).\n\nreviewable decision—\n(a) for part 10 (Review of coordinating practitioner, consulting\npractitioner and administering practitioner decisions)—see\nsection 134; and\n(b) for part 11 (Review of other decisions)—see section 150.\nsecond request—see section 27 (2).\nself-administration decision means a decision made by an individual\nunder section 42 (1) (a) or section 43 (1) (b).\nsupply, an approved substance, for division 4.3 (Dealing with\napproved substances)—see the Medicines, Poisons and Therapeutic\nGoods Act 2008, section 24.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":170},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nVoluntary Assisted Dying Act 2024 A2024-24\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\nremainder commenced 3 November 2024 (s 2)\nas amended by\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.101\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.101 commenced 7 November 2025 (s 2 (4), LA s 73 (1) (a)\nand see LA s 75B)\nHealth Legislation Amendment Act 2025 (No 2) A2025-33 pt 6\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\nss 44-46 commenced 26 November 2025 (s 2 (1) (a))\npt 6 remainder commenced 13 November 2025 (s 2 (2) (a))\n\nAmendment history 4\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nHealth practitioner must accept or refuse to accept consulting assessment\nreferral\ns 20 am R1 LA\nNotifying individual and board about outcome of final assessment\ns 36 am A2025-33 s 37, s 38\nTransfer request made by individual\ns 38 am A2025-33 s 39; pars renum R3 LA\nApplication—div 4.1\ns 41 sub A2025-33 s 40\nTransfer of administering practitioner functions—transfer request made by\nindividual\ns 47 am A2025-33 s 41; pars renum R3 LA\nGiving, receiving and possessing approved substances—change in contact\nperson\ns 67 am A2025-33 s 42\nContact person to tell coordinating practitioner about death\ns 78 am A2025-33 s 43\nDefinitions—pt 7\ns 101 def facility am A2025-33 s 44\ndef resident am A2025-33 s 45\nam A2025-33 s 46\nObligation to consider and facilitate transfer of individual who wants to\naccess voluntary assisted dying\ns 105 am R1 LA (see also A2025-29 amdt 3.360)\nRequirements for health professionals when raising voluntary assisted dying\nas an end of life choice\ns 155 am A2025-33 ss 47-49; pars renum R3 LA\nConsequential amendments\npt 13 om LA s 89 (3)\nLegislation amended—sch 3\ns 163 om LA s 89 (3)\nConsequential amendments\nsch 3 om LA s 89 (3)\nBirths, Deaths and Marriages Registration Act 1997\nsch 3 pt 3.1 om LA s 89 (3)\n\n4 Amendment history\nBirths, Deaths and Marriages Registration Regulation 1998\nsch 3 pt 3.2 om LA s 89 (3)\nCoroners Act 1997\nsch 3 pt 3.3 om LA s 89 (3)\nGuardianship and Management of Property Act 1991\nsch 3 pt 3.4 om LA s 89 (3)\nMedicines, Poisons and Therapeutic Goods Act 2008\nsch 3 pt 3.5 om LA s 89 (3)\nPowers of Attorney Act 2006\nsch 3 pt 3.6 om LA s 89 (3)\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n3 Nov 2025\n3 Nov 2025–\n6 Nov 2025\nnot amended new Act\n7 Nov 2025\n7 Nov 2025–\n12 Nov 2025\nA2025-29 amendments by\nA2025-29\n13 Nov 2025\n13 Nov 2025–\n25 Nov 2025\nA2025-33 amendments by\nA2025-33","sortOrder":171}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":797},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as enacted. The 2025 amendments (A2025-29 and A2025-33) made technical and operational refinements including updates to transfer processes, contact person arrangements, and health professional requirements, but did not expand beyond the core VAD framework established in the original 2024 Act."},"complexity_factors":["162 sections across 12 Parts with multiple Divisions","47 defined terms in Dictionary plus signpost definitions to other Acts","Extensive cross-referencing to Medicines, Poisons and Therapeutic Goods Act 2008, Health Act 1993, Mental Health Act 2015, and other ACT legislation","Multiple sequential processes with strict timeframes (4 business days, 14 days) and notification requirements","Nested eligibility criteria with exceptions (e.g., disability/mental illness exclusions in s 11(2))","20 reviewable decisions listed in Schedule 1 with different appeal timeframes (5 days vs 28 days)","Conditional logic for self-administration vs practitioner administration with different contact person and disposal requirements","Strict liability offences throughout (20 penalty units common) with higher penalties for inducing requests (7 years imprisonment)","Residency exemptions with 5 specific examples in s 154","Technical error provisions (s 157) that preserve validity despite formal defects"],"plain_english_summary":"This Act creates a legal framework for **voluntary assisted dying (VAD)** in the ACT, allowing terminally ill adults to choose medical assistance to end their lives with dignity.\n\n**Who can access it?**\n- Adults (18+) with an **advanced, progressive condition expected to cause death**\n- Must be **suffering intolerably** (physical or mental)\n- Must have **decision-making capacity** — able to understand, weigh up consequences, and communicate their choice\n- Must be acting **voluntarily and without coercion**\n- Must have **lived in the ACT for 12 months** (or granted an exemption)\n- **Not eligible** solely because of disability, mental illness, or mental disorder\n\n**The process — multiple safeguards:**\n1. **First request** — made to a health practitioner, who becomes the *coordinating practitioner* if they accept\n2. **First assessment** — coordinating practitioner assesses eligibility\n3. **Consulting assessment** — independent second doctor (*consulting practitioner*) confirms eligibility\n4. **Second request** — written request, signed with 2 witnesses (who can't benefit from the death)\n5. **Final request** — after a cooling-off period, final check of capacity and voluntariness\n6. **Administration decision** — choose to **self-administer** the medication or have a practitioner administer it\n\n**Key protections:**\n- **Oversight Board** monitors all requests and can refer concerns to police, coroner, or human rights commission\n- **Conscientious objection** — doctors and health services can refuse to participate\n- **Criminal offences** for inducing requests through dishonesty or coercion (up to 7 years prison)\n- **Facility operators** (hospitals, nursing homes) must allow access to VAD information and can't withdraw care for someone seeking VAD\n- **Review by ACAT** (tribunal) available if someone disputes a practitioner's decision about eligibility\n\n**Important notes:**\n- Death through VAD is **not considered suicide** — affects insurance, contracts, and death certificates\n- A **contact person** must be appointed for self-administration (to return unused medication if the person dies)\n- Strict rules for **prescribing, storing, and disposing** of lethal medications\n- **Palliative care** must always be discussed as an alternative"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The republished Act and endnotes record amendments made after enactment: amendments in 2025 (A2025‑29 and A2025‑33) altered several operational provisions and commencement timing. The amendment history (endnotes 3–4) shows changes to sections governing transfer of administering/coordinating practitioner functions (ss 37–47 as amended), notification and assessment timing (s36 amended), contact person and death notification provisions (ss 67, 78 amended), definitions in part 7 (s101), and the requirements for health professionals raising voluntary assisted dying (s155). These are changes to implementation detail, authorisation/transfer mechanics and some definitions rather than a repeal of the Act’s stated objects (s6). The text of the amendments and commencement notes in the endnotes are the source for these observed scope adjustments."},"complexity_factors":["Multi‑stage, interdependent clinical and legal process with strict sequencing (first request, coordinating assessment, independent consulting assessment, second request, final request, final assessment, administration decision) (see s10, s13–36).","Short mandatory timelines and many compulsory notifications with strict liability penalties (multiple sections: s14(1), s18(1)(b), s22(2), s30(1), s34(4), s42(4), s44(5), s58(4), s59(4), s60(7)(b), s73(2)(b)).","Layered authorisation and approval regimes requiring director‑general decisions (authorised practitioners s88–96; approved substances/suppliers/disposers s56–57) that create administrative gatekeeping and discretion.","Detailed regulated supply chain for approved substances including labelling, courier rules, storage, disposal and registries (s56–60, s72–74, s85) that intersect with other medicines/poisons laws.","Multiple review and oversight pathways (board, ACAT review of practitioner decisions, director‑general review powers), producing legal complexity and suspension effects (Part 8; Part 10, especially s119 and s138).","Interfacing with other statutes and professional regulation (Medicines, Poisons & Therapeutic Goods Act; Births/Deaths registration; national health practitioner law) increasing cross‑agency coordination needs (see s55 note, s82).","Significant compliance burden on a wide range of actors (practitioners, suppliers, facility operators, disposers), including recordkeeping and reporting obligations of varying timeframes and formats (see many reporting sections in Parts 3–4).","Penalties scheme mixing criminal offences (serious coercion/unauthorised administration) with administrative fines and strict liability offences for procedural breaches (see s40, s49, s75, s160 and many reporting sections)."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a regulated, step-by-step process by which an adult who meets defined medical and residency criteria can request and obtain voluntary assisted dying in the Australian Capital Territory. Key eligibility rules are in section 11 (adult; diagnosed with an advanced, progressive, life‑ending condition; intolerable suffering; decision‑making capacity; voluntary decision; 12 months’ residency or exemption (s154)).\n\n- Sets out a multi-stage decision pathway that must be completed before an individual may access voluntary assisted dying (summary of stages in s10):\n  - First request to a health practitioner (s13) and a first assessment by a coordinating practitioner to decide eligibility (s16) with referral options if the coordinating practitioner cannot decide (s17).\n  - Independent consulting assessment by a second practitioner (s23) after referral (s19).\n  - Written second request witnessed and certified (s27–28).\n  - Final request and final assessment (s31–36).\n  - Administration decision (self‑administration or practitioner administration) and associated appointment of a contact person for self‑administration (s41–51).\n\n- Regulates the approved medicines and how they are prescribed, supplied, stored, transferred and disposed of: the director‑general approves medicines and approves suppliers/disposers (s56–57); prescriptions are issued by the coordinating practitioner after required assessments (s58–59); approved suppliers must verify prescriptions and keep supply records (s60); approved disposers must log and report disposal (s73); storage, courier, labelling and reporting requirements are regulated (s60(3), s60(5)–(9), s74).\n\n- Creates an oversight and information architecture: a Voluntary Assisted Dying Oversight Board is established to monitor operation, keep records, analyse data and refer matters to other authorities (s110, s119); the director‑general keeps a register about supply and disposal (s85); the board and director‑general have reporting and information powers (e.g. s18, s22, s30, s34, s58(4), s60(7), s73(2)(b)).\n\n- Provides criminal offences and penalties for coercion, inducement, unauthorised administration and misuse of protected information (examples: inducing a request or revocation s40; inducing an administration decision s49; unauthorised administration s75; inducing self‑administration s76; misuse of protected information s160). Many reporting and notification breaches are strict liability offences with monetary penalties (see s18(1)(b), s22(2), s30(1), s34(1)(b), s42(4), s44(5), s58(4), s59(4), s60(7)(b), etc).\n\nWho is affected and who decides\n\n- Individuals who may seek voluntary assisted dying: adults who meet the eligibility and final assessment requirements (s11, s31).\n- Health practitioners: a coordinating practitioner, an independent consulting practitioner and (where chosen) an administering practitioner must be authorised and meet role requirements (authorisation and role rules s86–97). A doctor must occupy either coordinating or consulting practitioner role (s97(3)).\n- Director‑general: approves medicines, suppliers and disposers (s56–57), authorises practitioners (s88–96), maintains registers (s85, s96) and may make guidelines (s159).\n- Voluntary Assisted Dying Oversight Board: monitors, receives reports, analyses data and can refer matters to police, the coroner and other entities (s119).\n- Facility operators: must permit reasonable access to relevant persons, consider and facilitate transfers where appropriate, maintain policies and not withdraw care solely for requesting information or making a request (s102–109).\n- Facility residents, contact persons, suppliers and disposers: have duties to receive, transfer and/or dispose of approved substances and to notify the board in specified timeframes (see s51–54; s60–74).\n\nWho pays and compliance costs (practical incentives)\n\n- Individuals: will bear typical costs for medical consultations, transfers and any transport or accommodation to see practitioners; the Act itself does not specify funding mechanisms for individual care, but the process requires additional practitioner time for multiple assessments and reporting (see s16, s23, s35, s58–59).\n- Health practitioners and approved suppliers/disposers/facility operators: incur compliance obligations—authorisation, documentation, reporting to the board, storage and disposal procedures, and possible transfers of duties (see s88–96, s18, s22, s60(7), s73). Failures can attract monetary penalties or (for serious breaches such as coercion or unauthorised administration) criminal penalties (s40, s49, s75, s76).\n- Territory executive: administrative costs to run authorisations, maintain registers, run the board and the approved care navigator service, and to investigate and enforce compliance (s85, s110, s125, s158). The director‑general has discretion to approve medicines/suppliers and to issue guidelines (s56–57, s159), which carries implementation and resourcing effects.\n\nCompliance burden, timelines and reporting (examples)\n\n- Numerous mandatory time limits and notification duties create predictable administrative flows but also impose time pressures: decisions to accept/refuse first or consulting referrals within 4 business days (s14(1), s20(1)); report copies to the board within 4 business days after assessments or requests (s18(1)(b), s22(2), s30(1), s34(4), s42(4), s44(5), s58(4), s59(4), s60(7)(b), s73(2)(b)). Many of these are strict liability offences. These create concrete compliance costs for recordkeeping and prompt reporting (see cited sections).\n\nAreas of administrative discretion and gatekeeping\n\n- The director‑general determines authorised practitioners and may impose conditions and revoke authorisations (s88–96). The director‑general also approves medicines and suppliers/disposers (s56–57) and keeps registers (s85) — these points of approval shape who can participate in the system.\n- The board has investigatory and referral powers (s119) and must act independently but may receive ministerial directions (limited by s121). Practitioners must exercise clinical judgment on eligibility and capacity (s16, s23, s35; decision‑making capacity defined at s12).\n\nProtections and exemptions\n\n- Conscientious objection: health practitioners or health service providers can refuse participation on conscientious grounds, but must provide the individual with approved care navigator contact details within 2 business days (s99–100).\n- Protections from liability for persons acting honestly and reasonably under the Act (s129–133). The Act also sets privacy and protected‑information offences (s160).\n\nAppeals and reviews\n\n- Decisions by practitioners and the director‑general are reviewable by the ACT Civil and Administrative Tribunal (ACAT) under the review pathways in Parts 10 and 11 (s134–152). Review applications trigger suspension of the request/administration process while the review is pending (s138).\n\nImplementation features and review\n\n- The Act ties into other laws (Medicines, Poisons and Therapeutic Goods Act 2008; Births, Deaths and Marriages Registration Act 1997; Health Practitioner Regulation National Law) for medicines, registries and professional regulation (see s55, s82 and notes throughout).\n- The Minister must review the Act’s operation (first review in s162), with the first review required to examine particular issues including the definition of “advanced” (s11(3)) and residency, access for children, and advanced care planning (s162(2)).\n\nTrade‑offs, incentives and risks (source‑grounded)\n\n- The Act concentrates benefit on individuals who meet strict criteria (s6, s11) while imposing recurring administrative and compliance costs on practitioners, facility operators and approved suppliers/disposers (recordkeeping and notifications, various sections throughout Part 3 and Part 4, plus s60, s73). These are concrete costs of participation.\n- The director‑general and the Board hold approval and monitoring powers (s56–57, s119, s125), giving administrative levers that shape availability and supply; these levers create discretional bottlenecks (approval, authorisation, guidelines) rather than guaranteed market provision.\n- The Act builds multiple procedural safeguards (independent consulting assessment s23; witness/certification rules s27–28, s66(4); offences for coercion s40, s49) and review rights (Part 10) to reduce risk of coercion or error, while creating obligations and timelines that must be met by practitioners and facilities.\n\nPractical points for participants (where to look in the Act)\n\n- Eligibility and capacity: s11 and s12.\n- Stepwise process and practitioner roles: Parts 3 and 4 (notably s13–37 and s41–76).\n- Medicines, supply and disposal rules: s56–74.\n- Authorisation and role requirements for participating practitioners: s86–98.\n- Conscientious objection and navigation support: s99–100 and s158.\n- Facility operator duties to permit access/transfers and to keep a policy: s102–109.\n- Oversight, reporting and review: s85, s110–127 and s134–162.\n\nThis summary describes the Act’s operational mechanics, the parties who decide or pay, the reporting and compliance obligations, and the points of administrative discretion. It attributes stated purposes in the Act (see s6) and then identifies the concrete mechanisms, costs and safeguards created by the statutory scheme (with section references shown above)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/voluntary-assisted-dying-act-2024","history":"/api/acts/voluntary-assisted-dying-act-2024/history","analysis":"/api/acts/voluntary-assisted-dying-act-2024/analysis","conflicts":"/api/acts/voluntary-assisted-dying-act-2024/conflicts","importantCases":"/api/acts/voluntary-assisted-dying-act-2024/important-cases","documents":"/api/acts/voluntary-assisted-dying-act-2024/documents"}}