15When person’s communication under Act may be made by another person

### 15 When person’s communication under Act may be made by another person > > (1)  In this section – > > > > > ***relevant communication*** means any of the following: > > > > > > > > (a) a first request; > > > > > > > > > (b) a statement to a relevant practitioner under [section 16](#GS16@EN) ; > > > > > > > > > (c) the designation of a person, under [section 18(4)](#GS18@Gs4@EN) , [section 30(3)(a)(ii)](#GS30@Gs3@Hpa@Hqii@EN) , [section 53(3)(b)](#GS53@Gs3@Hpb@EN) , [section 82(1)(b)](#GS82@Gs1@Hpb@EN) or [(4)](#GS82@Gs4@EN) , [section 83(2)(b)(ii)](#GS83@Gs2@Hpb@Hqii@EN) or [section 85(2)(b)](#GS85@Gs2@Hpb@EN) , to complete and sign, or complete or sign, a document on another person’s behalf; > > > > > > > > > (d) a permission given by a person for the purposes of [section 38(2)(b)](#GS38@Gs2@Hpb@EN) ; > > > > > > > > > (e) any other communication made to a relevant practitioner, in relation to a communication referred to in another paragraph of this definition; > > > > > > > > > (f) any other communication made as part of, or in relation to, the voluntary assisted dying process; > > > > > ***relevant practitioner***, in relation to a person, means the PMP, CMP or AHP in relation to the person. > > > (2)  A relevant communication that may be made or given by a person (the ***VAD person***) to a relevant practitioner under this Act may, if – > > > > > > (a) the VAD person is unable to communicate to a person who is unfamiliar with the VAD person’s method of communication; and > > > > > > > (b) the VAD person’s means of communication is comprehensible to another person who is familiar with the VAD person or the method of communication – > > > > be made to the relevant practitioner by the other person, if the relevant practitioner is satisfied as to the relevant matters in relation to the VAD person and the other person. > > > (3)  A relevant communication that may be made or given by a person (the ***VAD person***) to a relevant practitioner under this Act may, if the VAD person is unable to communicate to the relevant practitioner in a language in which both the VAD person and the relevant practitioner are fluent, be made by another person who is fluent in that language, if the relevant practitioner is satisfied as to the relevant matters in relation to the VAD person and the other person. > > > (4)  For the purposes of this section, the relevant practitioner is satisfied as to the relevant matters in relation to a VAD person and the other person if the relevant practitioner is satisfied that – > > > > > > (a) the VAD person has decision-making capacity; and > > > > > > > (b) the VAD person wishes the other person to make relevant communications on behalf of the VAD person; and > > > > > > > (c) the other person – > > > > > > > > > > (i) is not a member of the family of the VAD person; and > > > > > > > > > > > (ii) where [subsection (3)](#GS15@Gs3@EN) applies in relation to the other person – is a person who is accredited by a prescribed body as a translator in the relevant language; and > > > > > > > > > > > (iii) does not know or believe that he or she is likely to directly or indirectly benefit from, or receive a financial benefit, directly or indirectly, as a result of the death of, the VAD person; and > > > > > > > > > > > (iv) is not a residential care provider in relation to the VAD person; and > > > > > > > > > > > (v) is not directly involved in providing health services or professional care services to the VAD person; and > > > > > > > (d) the VAD person is acting voluntarily in wishing the other person to make relevant communications on behalf of the VAD person. > > > (5)  Despite [subsection (4)(c)](#GS15@Gs4@Hpc@EN) , a subparagraph of that subsection does not apply in relation to a person if the Commission is satisfied that there are reasonable grounds why the subparagraph ought not to apply in relation to the person. > > > (6)  If a relevant communication that may be made or given by a person under this Act may, under this section, be made or given by another person, the relevant communication may be made or given orally or in writing by the other person. > > > (7)  A person may not be designated under [section 18(4)](#GS18@Gs4@EN) , [section 30(3)(a)(ii)](#GS30@Gs3@Hpa@Hqii@EN) , [section 53(3)(b)](#GS53@Gs3@Hpb@EN) , [section 82(1)(b)](#GS82@Gs1@Hpb@EN) or [(4)](#GS82@Gs4@EN) , [section 83(2)(b)(ii)](#GS83@Gs2@Hpb@Hqii@EN) or [section 85(2)(b)](#GS85@Gs2@Hpb@EN) to complete and sign, or complete or sign, a document on another person’s behalf, if the person so designated is the person who makes a relevant communication under this section designating the person.