103Determination of application

103 Determination of application

(1)  The Commission may determine an application made under section 95(1) in relation to a relevant decision by determining that the person who is the subject of the decision –

(a) meets, or does not meet, the residency requirements; or

(b) has or does not have decision-making capacity; or

(c) is, or is not, acting voluntarily.

(2)  The Commission must notify of a determination under subsection (1) in relation to a relevant decision –

(a) the person who is the subject of the decision; and

(b) the applicant for the review of the decision; and

(c) the person who made the decision; and

(d) the PMP in relation to the person who is the subject of the decision.

(3)  If the Commission determines under subsection (1) that a person –

(a) does not meet the residency requirements; or

(b) does not have decision-making capacity; or

(c) is not acting voluntarily –

the voluntary assisted dying process ends and no further action that forms part of the voluntary assisted dying process may be taken in relation to the person.

(4)  Nothing in subsection (3) is to be taken to prevent a person from commencing the voluntary assisted dying process again by making a new first request.

(5)  Despite subsection (4) , a person may not, except with the written approval of the Commission and subject to the conditions included in the approval, commence the voluntary assisted dying process again by making a new first request if the Commission determined under subsection (1) that the person is not acting voluntarily.

(6)  If the Commission determines under subsection (1) an application, contrary to the decision of the person’s PMP, CMP or AHP (the ) to which the application relates, by determining that the person has decision-making capacity or is acting voluntarily –