6Relevant medical condition

6 Relevant medical condition

(1)  For the purposes of this Act –

relevant medical condition, in relation to a person, means a disease, illness, injury, or medical condition, of the person that –

(a) is advanced, incurable and irreversible; and

(b) is expected to cause the death of the person; and

(c) except if the person is exempted from this requirement under subsection (3) , is expected to cause the death of the person –

(i) within 6 months; or

(ii) if the disease is neurodegenerative – within 12 months.

(2)  For the purposes of this Act, a disease, illness, injury, or medical condition, of a person is incurable and irreversible and is expected to cause the death of the person if there is no reasonably available treatment that –

(a) is acceptable to the person; and

(b) can cure or reverse the disease, illness, injury or medical condition and prevent the expected death of the person from the disease, illness, injury or medical condition.

(3)  The Commission, on the application of a person, may determine that the person is exempted from the requirement of paragraph (c) of the definition of relevant medical condition in subsection (1) .

(4)  The Commission may only determine that a person is exempted from the requirement of paragraph (c) of the definition of relevant medical condition in subsection (1) if the Commission is satisfied that the prognosis of the person’s relevant medical condition is such that the paragraph should not apply in relation to the person.

(5)  The Commission must, so as to assist the Commission to decide whether or not to make a determination under subsection (3) in relation to the person –