5Interpretation

### 5 Interpretation > In this Act, unless the contrary intention appears – > > > ***AHP***, in relation to a person, means the person – > > > > > > (a) who is, under [section 61](#GS61@EN) , the person’s administering health practitioner; and > > > > > > > (b) who has not ceased, under [section 109](#GS109@EN) , to be the person’s AHP; > > > ***approved*** means approved by the Commission; > > > ***approved voluntary assisted dying training*** means a course of voluntary assisted dying training approved by the Commission under [section 117](#GS117@EN) ; > > > ***authorised medical practitioner***, in relation to a person, means a person who is, under [section 9](#GS9@EN) , an authorised medical practitioner in relation to the person; > > > ***CMP***, in relation to a person, means a person – > > > > > > (a) who is, under [section 42](#GS42@EN) , the person’s consulting medical practitioner; and > > > > > > > (b) who has not ceased, under [section 108](#GS108@EN) , to be the person’s CMP; > > > ***Commission*** means the Voluntary Assisted Dying Commission established by [section 110(1)](#GS110@Gs1@EN) ; > > > ***contact person***, in relation to a person, means a person who is appointed under [section 85](#GS85@EN) to be the contact person in relation to the person; > > > ***decision-making capacity*** – see [section 12](#GS12@EN) ; > > > ***Deputy Executive Commissioner*** means the Deputy Executive Commissioner appointed under [section 110(2)(b)](#GS110@Gs2@Hpb@EN) ; > > > ***driver licence*** means a licence, permit or other authorisation issued under an Act of this State, another State, or a Territory, authorising a person to drive; > > > ***eligible to access voluntary assisted dying*** – see [section 10](#GS10@EN) ; > > > ***Executive Commissioner*** means the person appointed to be the Executive Commissioner under [section 110(2)(a)](#GS110@Gs2@Hpa@EN) and includes the Deputy Executive Commissioner, when acting as the Executive Commissioner; > > > ***final permission***, in relation to a person, means a final permission given by the person under [section 82](#GS82@EN) as amended, if at all, in accordance with [section 82(4)](#GS82@Gs4@EN) ; > > > ***final request***, in relation to a person, means a final request made by the person under [section 53](#GS53@EN) ; > > > ***first request***, in relation to a person, means a first request made by the person under [section 18(2)](#GS18@Gs2@EN) ; > > > ***health service*** has the same meaning as in the [Tasmanian Health Service Act 2018](/view/html/inforce/2026-04-12/act-2018-001) ; > > > ***in person***, in relation to a person, means while physically present before the person and does not include by means of a telephone, or by audio-visual link or another means of electronic communication; > > > ***medical practitioner*** means a person who is registered under the Health Practitioner Regulation National Law (Tasmania) in the medical profession (other than a student); > > > ***member of the Commission*** means a person appointed to the Commission under [section 110](#GS110@EN) , including the Executive Commissioner and the Deputy Executive Commissioner; > > > ***member of the family***, in relation to a person, means a person who is – > > > > > > (a) the father, mother, grandfather or grandmother of the person; or > > > > > > > (b) the spouse of the person; or > > > > > > > (c) a brother, sister, niece or nephew of the person; or > > > > > > > (d) a person in a family relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with the person; or > > > > > > > (e) a person in a caring relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with the person; or > > > > > > > (f) a child, or grandchild, of the person; > > > ***nurse practitioner*** means a person who is registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession and who is endorsed by the Nursing and Midwifery Board of Australia to practise as a nurse practitioner; > > > ***officer of the Ambulance Service*** has the same meaning as in the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; > > [*\[Section 5 Amended by No. 23 of 2022, s. 13, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS13@EN) > > > ***patient transport officer*** means – > > > > > > (a) a volunteer ambulance officer within the meaning of the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; and > > > > > > > (b) a person who is providing non-emergency patient transport services within the meaning of the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; and > > > > > > > (c) a person who is providing ambulance services under [section 38A of the](/view/html/inforce/2026-04-12/act-1982-105#GS38A@EN) [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; > > > ***pharmacist*** means a person who holds general registration under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession (other than a student); > > > ***PMP***, in relation to a person, means a person – > > > > > > (a) who becomes, under [section 22](#GS22@EN) or [section 59(5)](#GS59@Gs5@EN) , the person’s primary medical practitioner; and > > > > > > > (b) who has not ceased, under [section 106](#GS106@EN) , to be the person’s PMP; > > > ***private self-administration certificate***, in relation to a person, means a private self-administration certificate completed and signed under [section 84](#GS84@EN) by the person’s AHP; > > > ***private self-administration request***, in relation to a person, means a private self-administration request given by the person under [section 83(1)](#GS83@Gs1@EN) ; > > > ***professional care service*** means any of the following services provided to another person under a contract of employment or contract for services: > > > > > > (a) assistance or support, including the following: > > > > > > > > > > (i) assistance with bathing, showering, personal hygiene, toileting, dressing, undressing or preparing or eating meals; > > > > > > > > > > > (ii) assistance for persons with mobility problems; > > > > > > > > > > > (iii) assistance for persons who are mobile but required some form of assistance or supervision; > > > > > > > > > > > (iv) assistance or supervision in administering medicine; > > > > > > > > > > > (v) the provision of substantial emotional support; > > > > > > > (b) [*\[Section 5 Amended by No. 6 of 2025, s. 22, Applied:01 Jul 2025\]*](/view/html/inforce/2025-07-01/act-2025-006#GS22@EN) a disability service within the meaning of the [Disability Rights, Inclusion and Safeguarding Act 2024](/view/html/inforce/2026-04-12/act-2024-021) ; > > > ***psychiatrist*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) as a medical practitioner in the speciality of psychiatry (other than as a student); > > > ***psychologist*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) to practise psychology (other than as a student); > > > ***reasonably available treatment***, in relation to a person, means treatment available to the person in Australia within a reasonable time and at a cost to the person that is not prohibitive; > > > ***registered health practitioner*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) to practise a health profession (other than as a student); > > > ***registered nurse*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the nursing profession whose name is entered on Division 1 of the Register of Nurses, kept under that Law, as a registered nurse; > > > ***relevant facts in relation to accessing voluntary assisted dying*** – see [section 8](#GS8@EN) ; > > > ***relevant information about eligibility***, in relation to a person, means the relevant information about eligibility, specified in [section 7](#GS7@EN) , in relation to the person; > > > ***relevant medical condition*** – see [section 6](#GS6@EN) ; > > > ***request***, in relation to a person, means – > > > > > > (a) a first request from the person; or > > > > > > > (b) a second request from the person; or > > > > > > > (c) a final request from the person; > > > ***residency requirements*** – see [section 11](#GS11@EN) ; > > > ***residential care provider***, in relation to a person, means a person who owns or operates premises at which – > > > > > > (a) the first-mentioned person resides; and > > > > > > > (b) health services are, or may be, provided to the first-mentioned person by, or on behalf of, the person who owns or operates the premises; > > > ***second request***, in relation to a person, means a second request made by the person under [section 30(1)](#GS30@Gs1@EN) ; > > > ***spouse***, in relation to a person, means – > > > > > > (a) the husband or wife of the person; and > > > > > > > (b) a person in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with the person; > > > ***VAD substance*** means a substance that is determined by the Commission under [section 116](#GS116@EN) to be a VAD substance; > > > ***VAD substance authorisation***, in relation to a person, means a VAD substance authorisation, in relation to the person, that is issued under [section 67(1)(a)](#GS67@Gs1@Hpa@EN) ; > > > ***VAD substance prescription*** means a prescription, issued in accordance with the [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) , that is a VAD substance prescription issued by a PMP under [section 70(1)(a)](#GS70@Gs1@Hpa@EN) ; > > > ***voluntary assisted dying*** means the administration to a person, or the self-administration by a person, of a VAD substance under this Act; > > > ***voluntary assisted dying process***, in relation to a person, means the following: > > > > > > (a) the making of a first request by the person under [section 18](#GS18@EN) ; > > > > > > > (b) the acceptance of, or refusal to accept, under [section 19](#GS19@EN) , a first request made by the person under [section 18](#GS18@EN) ; > > > > > > > (c) a determination under [section 26](#GS26@EN) of a first request made by the person; > > > > > > > (d) the making of a second request by the person under [section 30](#GS30@EN) ; > > > > > > > (e) a determination under [section 33](#GS33@EN) of a second request by the person; > > > > > > > (f) a referral of the person, under [section 37](#GS37@EN) , by the person’s PMP; > > > > > > > (g) the giving by the person of permission for the purposes of [section 38(2)](#GS38@Gs2@EN) ; > > > > > > > (h) the acceptance of, or the refusal to accept, under [section 39](#GS39@EN) , a referral of the person; > > > > > > > (i) a determination under [section 47](#GS47@EN) in relation to the person; > > > > > > > (j) the making by the person of a final request under [section 53](#GS53@EN) ; > > > > > > > (k) a determination under [section 55](#GS55@EN) of a final request made by the person; > > > > > > > (l) the giving of advice to the person under [section 60](#GS60@EN) ; > > > > > > > (m) a request to the Commission under [section 66(1)](#GS66@Gs1@EN) for a VAD substance authorisation in relation to the person; > > > > > > > (n) the determination under [section 67](#GS67@EN) by the Commission of a request for a VAD substance authorisation in relation to the person; > > > > > > > (o) the issue under [section 70](#GS70@EN) of a VAD substance prescription, in relation to the person; > > > > > > > (p) the supply under [section 71](#GS71@EN) , to the PMP in relation to the person, of a VAD substance; > > > > > > > (q) the supply, to the person’s AHP, under [section 74](#GS74@EN) , of a VAD substance by the person’s PMP; > > > > > > > (r) the making of a determination under [section 78](#GS78@EN) in relation to the person and the giving to the person of a notice or advice under [section 80](#GS80@EN) or [81](#GS81@EN) by the person’s AHP; > > > > > > > (s) the giving by the person of a final permission under [section 82](#GS82@EN) and the amending of the final permission under [section 82(4)](#GS82@Gs4@EN) ; > > > > > > > (t) the giving by the person of a private self-administration request under [section 83(1)](#GS83@Gs1@EN) ; > > > > > > > (u) the completion of a private self-administration certificate in relation to the person under [section 84](#GS84@EN) ; > > > > > > > (v) the appointment by the person under [section 85](#GS85@EN) of the contact person in relation to the person; > > > > > > > (w) the supply of a VAD substance under [section 86](#GS86@EN) or [section 89](#GS89@EN) by the person’s AHP; > > > > > > > (x) the administration under [section 86](#GS86@EN) , by the person’s AHP, of a VAD substance to the person or the self-administration by the person of a VAD substance in accordance with [section 91(3)](#GS91@Gs3@EN) .