30Person may make second request

30 Person may make second request

(1)  A person may, if the person’s PMP has determined a first request from the person by determining under section 26(1)(a) that the person is eligible to access voluntary assisted dying, make a second request to the PMP to determine whether the person is eligible to access voluntary assisted dying (a second request).

(2)  A person must not make a second request to the person’s PMP within 48 hours of the person having made a first request to the PMP, unless, in the opinion of the PMP –

(a) the person is likely to die within 7 days; or

(b) the person is likely to cease to have decision-making capacity within 48 hours.

(3)  A person makes under subsection (1) a second request to the person’s PMP by providing to the PMP an instrument in writing in the approved form –

(a) completed, and signed, by –

(i) the person; or

(ii) if the person is unable to complete or sign the instrument – an adult designated by the person to complete or sign, or to complete and sign, the instrument on the person’s behalf; and

(b) witnessed, in the presence of the person, by at least 2 adults, or by a commissioner for declarations, within the meaning of the Oaths Act 2001 , who have observed the instrument being completed and signed in accordance with paragraph (a) .

(4)  A person must not designate, under subsection (3)(a)(ii) , the person’s PMP to complete or sign, or complete and sign, a second request on the person’s behalf.