Voluntary Assisted Dying Act 2017

Eligibility: Section 9 sets the substantive eligibility criteria. A person must be at least 18, an Australian citizen or permanent resident ordinarily resident in Victoria (with a 12‑month residency before first request), have decision‑making capacity in relation to VAD (s 4), and be diagnosed with an incurable, advanced, progressive disease expected to cause death within weeks or months, generally not exceeding six months (twelve months where neurodegenerative , s 9(4)). S 9 also specifies that a diagnosis of mental illness or a disability alone does not confer eligibility (s 9(2)-(3)).

Decision‑making capacity: Section 4 defines decision‑making capacity specifically in relation to VAD and sets a presumption in favour of capacity unless evidence suggests otherwise (s 4(2)). Assessors must use practicable supports, tailor explanations, and test understanding, retention, weighing and communication of decisions (s 4(1)-(5)). The Act requires reasonable steps to test capacity in an appropriate time and environment (s 4(5)).

Request‑and‑assessment process: Access is multi‑staged. A person makes a first request to a registered medical practitioner (s 11). If the practitioner accepts, they become the co‑ordinating medical practitioner (s 13-15) and must conduct a first assessment (s 16), having completed approved assessment training (s 17). If assessed eligible, the person is referred for a consulting assessment (s 22-24). If both practitioners assess eligibility, the person may make a written declaration (s 34), appoint a contact person (ss 39-40) and, after waiting periods (normally at least nine days from the first request and at least one day after the consulting assessment, s 38), make a final request and undergo a final review (s 41). Technical or minor errors in forms do not invalidate the process (s 42). The co‑ordinating medical practitioner may then apply for a permit (s 43, Part 4).

Permits and authorisations: Two permit types: self‑administration permits authorise prescription/supply and lawful possession, storage and self‑administration (s 45); practitioner administration permits authorise prescribing/supplying and administration by the co‑ordinating medical practitioner in presence of a witness if the patient is physically incapable of self‑administration (s 46). The Secretary issues permits, may refuse if the process is incomplete, and may amend permits for administrative errors (ss 49-51). Cancellation rules for self‑administration permits follow destruction of unfilled prescription or disposal notified by a pharmacist (s 52).

Controls on health practitioners’ behaviour: Practitioners have a statutory right to conscientiously object (s 7). Simultaneously, registered health practitioners are prohibited from initiating or suggesting in substance VAD discussions in the course of providing other services (s 8), and contraventions are to be regarded as unprofessional conduct under the Health Practitioner Regulation National Law (s 8(3)). Ministries and AHPRA are notified of suspected non‑compliant conduct via mandatory notifications (ss 75-76).

Safeguards and oversight: The Board is tasked with monitoring, reviewing, reporting and referring matters to authorities where appropriate (ss 93-105). VCAT is available for reviewing certain decisions about residency and capacity (ss 68-72), and VCAT proceedings suspend the permit/process while extant (s 70). The Act includes criminal offences for coercion, falsification, inducing requests, improper administration and failure to return or dispose of substances (Part 8).

Reporting, recordkeeping and transparency: The Act mandates multiple form filings and timelines , co‑ordinating and consulting assessment report forms and final review must be given to the Board within seven days of completion (ss 21(2), 30(2), 41(2)); pharmacists must record dispensing and disposal and notify the Board within seven days (ss 60(2), 63(2)). The Board must publish de‑identified statistical data (s 117) and make annual reports (s 107).

Liability and protections: Sections 79-81 provide statutory protections from criminal, civil and professional liability for persons who act in good faith and without negligence in accordance with the Act. Section 82 excludes application of s 463B of the Crimes Act 1958 where a person knows or believes another is accessing VAD in accordance with the Act.

Patients: Adults in Victoria who meet the eligibility criteria (s 9) are the primary potential beneficiaries. Eligibility requires residency, citizenship/permanent residency, capacity, and a qualifying terminal or neurodegenerative condition (s 9(1), (4)). The Act also affects patients' families and carers because family members may be witnesses (subject to limits, s 35) and may be appointed contact persons with statutory duties (ss 39-40).

Medical practitioners: Registered medical practitioners who receive first requests become co‑ordinating medical practitioners (s 15). Both co‑ordinating and consulting medical practitioners must meet minimum qualifications (s 10), have relevant experience (s 10(3)), and complete approved assessment training before starting assessments (ss 17, 26). They decide on capacity and eligibility (ss 20, 29) and are responsible for documentation and notifications to the Board (ss 21(2), 30(2), 41(2)). They also have the statutory right to conscientiously object (s 7) and are barred from initiating VAD discussions in the course of other care (s 8).

Pharmacists and pharmacies: Pharmacists at dispensing pharmacies must attach prescribed labelling statements (s 59), record and notify dispensation (s 60), ensure secure storage arrangements are explained (s 58), and dispose of returned substances (ss 62-63) with related recordkeeping and notification duties to the Board within seven days (ss 60(2), 63(2)). Dispensing pharmacies also receive the returned unused substances from contact persons (s 45(c), s 62).

Contact persons and witnesses: Persons appointed as contact persons must accept the appointment in a prescribed form and must, if aware of unused/remaining substance after death, return it to the dispensing pharmacist within 15 days (ss 39-40, 45(c)). Witnesses to written declarations or administration have strict eligibility requirements and certification duties (ss 35-36, 65). Failure to comply with return obligations is an offence carrying penalty (s 89).

Regulators and oversight bodies: The Secretary decides on and amends permits (ss 49-51) and approves assessment training (s 114). The Board is established with monitoring, reporting and referral functions (ss 92-105, 107-111, 117). The Australian Health Practitioner Regulation Agency (AHPRA) receives mandatory notifications about practitioner conduct that may be inconsistent with the Act (ss 75-76). The Registrar and State Coroner receive notifications about cause of death and whether a person was the subject of a VAD permit (s 67).

Courts and tribunals: VCAT receives and determines specific reviews about residency and capacity decisions (ss 68-72). VCAT proceedings suspend permit processes and authorisations while extant (s 70). Criminal courts will be engaged for alleged offences under Part 8, including the most serious offences that carry life imprisonment (ss 83-84).

Employers and corporate officers: Employers of registered health practitioners have mandatory notification obligations to AHPRA in specified circumstances (s 76). Corporations and their officers may incur criminal liability for offences committed by the body corporate (s 91), subject to due diligence defences.

Community and interpreter services: The Act requires interpreters assisting in VAD matters to be accredited and to meet conflict exclusions (s 115), which affects interpreter providers and accrediting bodies. It also implicitly involves palliative care providers because assessors must inform patients of palliative options and encourage discussion with ongoing practitioners (ss 5(c), 19(1)(c), 28(1)(c)).

Core duties for health practitioners

• Assessments and training: Co‑ordinating and consulting medical practitioners must complete approved assessment training before conducting first or consulting assessments (ss 17, 26). They must meet qualification/experience minimums (s 10) and are required to record assessments and provide forms to the Board within seven days (ss 21(2), 30(2)). They must inform patients of diagnosis, prognosis, treatment and palliative care options when they assess eligibility (ss 19(1), 28(1)).
• Referral duties: If assessors cannot determine capacity or clinical aspects, they must refer to appropriate specialists (ss 18(1)-(2), 27(1)-(2)). For neurodegenerative cases where prognosis falls into the 6-12 month window, a specialist report is mandatory (s 18(4)-(6)).
• Non‑initiation prohibition: Registered health practitioners providing other services must not initiate or suggest VAD in the course of those services (s 8(1)). They can provide information at a patient's request (s 8(2)). A contravention is regarded as unprofessional conduct under the Health Practitioner Regulation National Law (s 8(3)).

Rights of health practitioners and other persons

• Conscientious objection: Registered health practitioners may refuse to provide information, participate in the process, apply for permits, prescribe, supply or administer substances, be present at administration, or dispense prescriptions if they have a conscientious objection (s 7).
• Liability protections: Persons who, in good faith, assist or facilitate VAD requests in accordance with the Act are protected from criminal liability that would otherwise apply (s 79). Registered health practitioners acting in good faith and without negligence and believing on reasonable grounds their acts comply with the Act are shielded from criminal, civil and professional liability (s 80). Section 81 provides specific protection for practitioners or paramedics who do not provide life‑saving treatment after a person has been lawfully administered a VAD substance and appears to be dying, while permitting comfort treatment (s 81(2)).

Administrative duties and timelines

• Timelines on responses: Registered practitioners must accept or refuse a first request within seven days (s 13(1)); a referred practitioner must accept or refuse a consulting referral within seven days (s 23(1)). The Secretary must determine permit applications within a prescribed period (s 49(1)). Various forms must be lodged with the Board within seven days of completion (ss 21(2), 30(2), 41(2), 60(2), 63(2), 66(2), Form instructions).
• Form filings and recordkeeping: Co‑ordinating and consulting practitioners, pharmacists and co‑ordinating medical practitioners after administration must complete prescribed forms and give copies to the Board within statutory timeframes (Part 3 forms and Schedule 1; ss 21(2), 30(2), 41(2), 60(2), 63(2), 66(2)).

Patient rights and duties

• Right to withdraw: A person may cease the request and assessment process at any time (s 12(1)-(3); s 44). They are not obliged to obtain the substance or self‑administer (ss 57(b), 57(d), 58(c)).
• Signed documents and witnesses: Written declaration, contact person appointment and administration requests have strict witnessing and signing requirements, with ineligible witness rules and certification obligations (ss 34-36, 40, 65-66). Interpreters must be accredited and meet exclusions (s 115).

Board and Secretary functions

• Permits and administrative discretion: The Secretary issues or refuses permits (s 49), may amend for administrative errors (s 51), and may delegate determination powers (s 113). The Board monitors, refers matters to authorities, collects and publishes de‑identified statistics, and must produce annual reports and other reports on request (ss 93, 104, 107, 111, 117).

Tribunal and reporting duties

• VCAT review: Eligible applicants may seek VCAT review of particular decisions on residence and capacity (s 68). While a VCAT application exists, the request and assessment process and permit applications are suspended (s 70). VCAT can determine the factual questions listed in s 72 (residence, residency period, capacity).
• Mandatory notifications: Registered health practitioners and employers have mandatory notification duties to AHPRA where another practitioner is initiating VAD discussions or offering VAD in a way not in accordance with the Act (ss 75-76). Persons who make such notifications in good faith are protected from liability (s 78).

Criminal offences and enforcement obligations

• Offences for coercion, falsification and unauthorised administration: The Act criminalises inducing requests by dishonesty or undue influence (s 85), inducing self‑administration (s 86), falsification of forms (s 87) and making false statements in forms (s 88). Unauthorised administration or administering contrary to permit terms carries severe penalties including life imprisonment for some offences (ss 83-84; penalties detailed in Part 8).

Overview of criminal sanctions: The Act includes a graded set of criminal offences addressing unauthorised administration, coercion, falsification and procedural non‑compliance.

Highest‑level penalties

• Life imprisonment offences: Section 83 criminalises administering a voluntary assisted dying substance contrary to the practitioner administration permit if the practitioner intends to cause death and knowingly administers otherwise than as authorised; the penalty is Level 1 imprisonment (life) or another term fixed by the court. Section 84 makes it a life‑imprisonment offence for a person to knowingly administer a voluntary assisted dying substance to another person that was dispensed under a self‑administration permit (s 84).

Serious offences with fixed maximums

• Inducement and falsification offences: Inducing another to request VAD by dishonesty or undue influence is a serious offence with maximum penalties for natural persons of five years imprisonment or 600 penalty units, and for bodies corporate 2400 penalty units (s 85). Inducing self‑administration carries the same maximums (s 86). Falsifying forms or records and knowingly making false statements in reports or forms carry the same maximums (ss 87-88).

Lower‑level and administrative penalties

• Failure to provide forms: A failure to give required copies of forms to the Board is a separate offence attracting a penalty of 60 penalty units (s 90(1)). Failure of a contact person to return unused or remaining substances within 15 days after death is an offence carrying up to 12 months imprisonment or 120 penalty units (s 89).

Corporate liability

• Officer liability: Section 91 applies corporate officer liability principles: if a body corporate commits certain offences (ss 85, 86, 87, 88, 90) an officer may be criminally liable if they failed to exercise due diligence to prevent the offence. The section lists factors for courts to consider (s 91(3)) and preserves defences available to the corporate officer (s 91(4)).

Professional and regulatory enforcement

• AHPRA notifications and professional conduct: Contraventions of s 8 (initiation prohibition) are to be regarded as unprofessional conduct under the Health Practitioner Regulation National Law (s 8(3)). Sections 75-76 impose mandatory notification duties to AHPRA for registered health practitioners and employers where another registered health practitioner is initiating or suggesting VAD outside the Act’s framework; failure to notify as required is itself to be regarded as unprofessional conduct (s 75(2)).

Administrative enforcement and oversight

• Secretary and Board powers: The Secretary may refuse or amend permits (ss 49-51) and the Board may refer matters to the Chief Commissioner of Police, the Registrar, the Secretary, the State Coroner or AHPRA where the Board reasonably believes the identifying information discloses a relevant matter (s 104). Notification requirements to the Board and Registrar underpin administrative oversight (ss 21(2), 30(2), 60(2), 63(2), 67).

Suspension during review

• VCAT suspensions: Where a VCAT application exists pursuant to Part 6, the VAD request-and-assessment process and permit applications are suspended, and permits may be suspended while the application is in existence (s 70). VCAT can make interim or temporary orders as necessary (s 74).

Protections for compliant action

• Good faith protections: The Act provides statutory immunities from criminal, civil and professional liability for persons who act in good faith and without negligence in accordance with the Act (ss 79-81). Section 82 specifically removes application of s 463B of the Crimes Act 1958 where a person knows or believes another is accessing VAD under this Act.

Evidence, reporting and recordkeeping: Enforcement relies on statutory records and filings: assessment forms, final review forms, dispensing and disposal forms and co‑ordinating medical practitioner administration forms must be provided to the Board in specified timeframes (Part 3, ss 21, 30, 41; Part 5, ss 60, 63, 66). Failure to supply required copies to the Board is itself an offence (s 90).

Cross‑referenced statutes and regulatory frameworks

• Health Practitioner Regulation National Law and AHPRA: The Act references AHPRA throughout. Registered health practitioner definitions, unprofessional conduct consequences and mandatory notifications are connected to the Health Practitioner Regulation National Law and AHPRA (ss 3 defns, 8(3), 75-76). Those provisions integrate VAD oversight into the national professional regulation regime.
• Drugs, Poisons and Controlled Substances Act 1981 and Poisons Code: “Voluntary assisted dying substance” is defined as a poison, controlled substance or drug of dependence specified in a permit (s 3). Pharmacy handling and labelling must comply in addition to Poisons Code requirements (s 59(1)). The Act therefore operates in addition to, and layered upon, the existing medicines/controlled substances regime.
• Coroners Act 2008 and Births, Deaths and Marriages Registration Act 1996: Section 67 requires notification to the Registrar and to the Coroner of whether the deceased was the subject of a VAD permit and the disease/condition that was the grounds for access. Section 1 of the Act notes consequential amendments to these Acts.
• Crimes Act 1958: Section 82 expressly provides that s 463B of the Crimes Act 1958 does not apply to persons who know or believe on reasonable grounds that another is accessing VAD in accordance with this Act, removing one potential criminal exposure.
• Disability Act 2006 and Mental Health and Wellbeing Act 2022: The Act cross‑references definitions from these Acts and clarifies that mental illness alone or disability alone does not render a person eligible (s 9(2)-(3)). Amendments in 2022 updated the definition of mental illness as cross‑referenced (endnotes).

Administrative law and tribunal procedures

• VCAT jurisdiction: Part 6 creates a specific administrative review pathway to VCAT for certain determinations (s 68). The Act provides that while a VCAT application is pending, related processes and permits are suspended (s 70), integrating tribunal review with administrative suspension and procedural safeguards.

Corporations and employment law

• Employer notifications and corporate officer liability: Employers of registered health practitioners have a mandatory notification duty to AHPRA (s 76). Section 91 imports corporate officer liability principles from company law and the Corporations Act (s 91(6) definition), linking corporate compliance obligations to criminal liability frameworks.

Privacy, data and reporting obligations

• Privacy and data laws: The Act defines personal information in line with the Privacy and Data Protection Act 2014 (s 3) and requires the Board to record, retain and publish de‑identified statistical information (s 117). Section 104 permits disclosure of identifying information in certain circumstances where the Board reasonably believes the disclosure is relevant to specified authorities (s 104), potentially engaging privacy law balancing duties.

Regulatory and delegated powers

• Secretary and regulations: The Secretary is given delegated power to approve training (s 114) and to delegate permit decision powers (s 113). The Governor in Council may make regulations for matters required or permitted to be prescribed (s 118), enabling subordinate instrument development that will interact with existing regulatory frameworks, including pharmacy and controlled substances rules.

Interaction with common law duties

• Medical practice duties preserved: The Act explicitly states that nothing in sections requiring information provision affects any duty a registered medical practitioner has at common law or under other enactments (s 19(3), 28(2)). Thus, the Act sits alongside common law duties of care, informed consent and professional standards.

This consolidated version incorporates amendments current to 1 September 2023 (version note). The Endnotes and Table of Amendments in the source identify specific amending Acts and changes:

• Initial enactment and commencement: The Voluntary Assisted Dying Act 2017 was assented to on 5 December 2017. Sections 1-3, 5 and 92-102 commenced 1 July 2018, with the remainder commencing 19 June 2019 (Endnotes: assent and commencement details; s 2(2)).

• Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 (No. 19/2019): This amending Act made changes captured at s 275 affecting the definition of “professional care services” in s 3(1). Commenced 1 July 2019 (Table of Amendments).

• Mental Health and Wellbeing Act 2022 (No. 39/2022): Sections 882 and 883 of that Act amended definitions in this Act (notably the definition of “mental illness” referred to in s 3 and changes in s 9(2)). Those amendment provisions commenced 1 September 2023 (Table of Amendments).

• Repeals and consequential amendments: Part 11 (ss 119-143) was repealed (s 143) on 19 June 2020 according to the Endnotes; s 110 was repealed by s 112(1) on 19 June 2021 (Endnotes note s 112(1) repealed s 110 on 19.6.21). The Endnotes include a “Table of Amendments” that sets out these changes.

• Regulations and subordinate instruments: Section 118 enables the Governor in Council to make regulations and for the Secretary to publish notices (s 114) approving training by Gazette. The consolidated version includes forms in Schedule 1 and references to prescribed forms and specifications. Future regulations or notices made under these powers may change procedural or technical details (s 118).

The Act’s endnotes state that this version incorporates amendments up to 1 September 2023 and list the relevant amendment instruments. Any practitioner, pharmacist or administrator relying on this text should confirm whether later regulations or legislative amendments have been made after the consolidation date.

The statute and the supplied consolidated text do not record judicial or tribunal decisions about the Act. The source contains no cases or litigation citations. The architecture of the Act provides for administrative and tribunal review (VCAT) of specified decisions , residence and capacity determinations and certain s 64 capacity decisions (Part 6, s 68). VCAT is empowered to determine whether a person was ordinarily resident in Victoria, whether the person had decision‑making capacity for VAD and related factual matters (s 72). While VCAT and courts will be the likely forums for disputes over application of the Act (e.g. capacity or residency), the instrument itself contains no recorded litigation history or precedent citations.

Where litigation or tribunal proceedings arise, the Act prescribes suspension consequences for pending VAD processes while a VCAT application exists (s 70), and permits practitioners to refuse to continue a process if VCAT determines capacity was present where they had previously found otherwise (s 73). For researchers or litigators, this statutory design indicates that real‑world litigation will often be about capacity or residency determinations and may produce jurisprudence on how s 4 (decision‑making capacity) is to be applied in terminal and neurodegenerative contexts. No such decisions are incorporated in this statutory text.

Timing traps

• Multiple short deadlines: Practitioners must accept or refuse first requests and consulting referrals within seven days (ss 13(1), 23(1)). Forms must be lodged with the Board within seven days of completion (ss 21(2), 30(2), 41(2), 60(2), 63(2), 66(2)). Failure to meet these timelines can create administrative non‑compliance and potential professional exposure, and failure to give required copies to the Board is an offence (s 90).
• Waiting periods and exceptions: The final request is subject to timing rules: ordinarily at least nine days after the first request and at least one day after the consulting assessment (s 38(1)). The nine‑day minimum may be shortened only where the co‑ordinating medical practitioner reasonably considers the patient is likely to die before expiry and this is consistent with the consulting practitioner’s prognosis (s 38(2)). Practically, prognostic uncertainty can create contentious decisions about whether the exception applies.

Capacity assessment nuance

• Narrow but tailored capacity test: Section 4’s functional test requires assessors to explain information in a way appropriate to the person and to take reasonable steps to conduct capacity assessments in optimal settings (s 4(3)-(5)). This imposes an evidentiary standard; a failure to properly document efforts to support decision‑making could be decisive later, including in VCAT review.

Formality and witness rules

• Witness exclusions and certifications: Witness eligibility for written declarations and the strict certification obligations are potential pitfalls. Ineligible witnesses include beneficiaries and facility owners and those directly involved in the person’s care (s 35). Witness certification must be signed in the presence of the co‑ordinating medical practitioner (s 36(1)(b)). Mis‑witnessing or allowing ineligible witnesses can invalidate the declaration and stop the process.
• Contact person duties and offences: The contact person has an express statutory duty to return unused substance after death within 15 days (s 39(2)(a)), and failure to do so is a criminal offence carrying up to 12 months’ imprisonment or 120 penalty units (s 89). That creates practical obligations for families and may be a point of confusion if substances are dispersed across care settings.

Training and practitioner availability

• Mandatory approved training before assessment: Co‑ordinating and consulting practitioners must complete approved assessment training before commencing relevant assessments (ss 17, 26). The Secretary approves training under s 114. If the approved training is limited or slow to roll out, there is a risk of limited practitioner availability, delays for patients and increased workload on those qualified.

Recordkeeping and Board filings

• Multiple mandatory filings: The Act creates a tight paper trail. Many required documents must be forwarded to the Board (first and consulting assessment forms, final review, dispensing and disposal forms, co‑ordinating administration form). A failure to give a required copy is an offence (s 90). Practitioners and pharmacists must have administrative systems and workflows to comply promptly.

Prescription, storage and disposal specifics

• Locked box requirement and pharmacy obligations: Patients must store dispensed substances in a locked box satisfying prescribed specifications (ss 57(c), 61). Pharmacists must attach a prescribed labelling statement (s 59) and record dispensation (s 60). If the “prescribed specifications” for locked boxes or the labelling form are set by regulation, compliance requires attention to subordinate instruments that may change details after the Act’s consolidation.

VCAT suspensions and continuity risks

• Process suspension on VCAT application: A VCAT application suspends the request-and-assessment process and the Secretary’s permit decision-making for that person (s 70). While this is a safeguard, it can lead to delays and jurisdictional complexity, particularly where prognosis is short and timing is critical.

Conscientious objection plus non‑initiation rule

• Dual set of practitioner constraints: Practitioners have a right to conscientiously object (s 7) and concurrently are prohibited from initiating or suggesting VAD in the course of other care (s 8). Practically, practitioners must navigate refusal mechanisms (including informing within seven days where a first request is made, s 13(1)) while ensuring that patients are not left without referral information or access to information upon request.

Liability protections with conditions

• “Good faith” and “without negligence”: Liability shields (ss 79-81) hinge on acting in good faith and, for practitioners, without negligence. Those are legal standards that will be scrutinised in disputes. Documentation demonstrating compliance with process, training and clinical judgments will be central to invoking protections.

Interaction with other legal duties

• Common law and other statutory duties preserved: The Act expressly provides that obligations under common law or other enactments are not displaced by the Act’s information duties (s 19(3), 28(2)). Practitioners must manage VAD obligations alongside professional and common law obligations, such as informed consent and duty of care.

Checklist for clinicians and health services (practical steps aligned to statutory duties)

1. Verify practitioner eligibility and training

   • Confirm you meet s 10 requirements (fellowship or vocational registration; either co‑ordinator or consultant must have five years’ post‑qualification experience or the co‑ordination partner satisfies that requirement).
   • Complete “approved assessment training” before commencing any first or consulting assessments (ss 17, 26; s 114 for Secretary’s approval of training). Retain proof of completion and training dates for forms (Schedule 1 Form 1/2 asks for training dates).

2. Intake and first request handling

   • Accept or refuse a first request within seven days and record the decision and first request in the medical record if accepting (s 13(1), s 14).
   • If accepting, become the co‑ordinating medical practitioner (s 15) and ensure you do not commence the first assessment until training is complete (s 17).

3. Conduct first assessment with documentation

   • Use the functional capacity test in s 4: explain information appropriately (s 4(3)); take reasonable steps to assess in optimal settings (s 4(5)); document the evidence for capacity, voluntariness and enduring request (s 20).
   • If unsure about capacity or clinical diagnosis, refer promptly to specialist(s) and adopt specialist determinations per ss 18(1)-(3), 18(4)-(6). Attach specialist reports where required (Form 1).

4. Refer for a consulting assessment and manage referrals

   • Make the consulting referral if the first assessment finds eligibility (s 22). The consulting practitioner must accept/refuse within seven days (s 23(1)).
   • Ensure consulting practitioner meets s 10 minimums and has completed approved training before commencing (s 26).

5. Prepare, witness and certify the written declaration

   • Ensure the written declaration is in the prescribed form and signed in presence of two eligible witnesses and the co‑ordinating medical practitioner (s 34, Schedule 1 Form 3).
   • Verify witnesses are not ineligible (s 35) and certify their observations in the declaration (s 36).

6. Manage final request timing and contact person appointment

   • Confirm timing requirements: final request normally at least nine days after first request and at least one day after consulting assessment; note exception if prognosis indicates death before nine days and the consulting assessment prognosis is consistent (s 38).
   • Assist patient to appoint a contact person using the prescribed form with required signatures and witness (ss 39-40; Schedule 1 Form 4). Ensure contact person understands return obligations under s 39(2) and the penalties for non‑return (s 89).

7. Final review and permit application

   • On final request, complete the final review form (Form 5) reviewing all earlier forms and certifying the request-and-assessment process has been completed (s 41). Give the Board copies within seven days (s 41(2)).
   • If certifying completion, apply to the Secretary for the appropriate permit in the prescribed form and include required documentation (ss 47-49).

8. Pharmacy, dispensing and storage compliance

   • If obtaining a self‑administration permit, ensure the co‑ordinating medical practitioner explains how to self‑administer, the locked box storage requirement and disposal obligations (s 57).
   • Pharmacists must attach the labelling statement in the prescribed form (s 59), provide dispensing information (s 58), and record and notify the Board within seven days (s 60(2)). Ensure the dispensing pharmacy has protocols for secure storage, destruction and disposal and for returning unused substances (ss 61-63).

9. Practitioner administration processes

   • If administering under a practitioner administration permit, the administration request must be made in the presence of a witness (s 64(4)); the co‑ordinating practitioner and witness must complete the co‑ordinating medical practitioner administration form and provide it to the Board within seven days (s 66(2), Schedule 1 Form 8).
   • Ensure witness independence and certification duties meet s 65.

10. Notifications and mandatory reporting

    • Notify AHPRA in circumstances set out in s 75 where another practitioner is initiating or suggesting VAD in a manner not in accordance with the Act; employers must similarly notify (s 76). Make voluntary notifications to AHPRA under s 77 when appropriate. Maintain records of any such notifications.
    • Give all required forms and notifications to the Board and the Secretary within prescribed timeframes (ss 21(2), 30(2), 41(2), 60(2), 63(2), 66(2)).

11. Maintain clinical and legal documentation

    • Keep contemporaneous records of capacity assessments, advice provided on diagnosis, prognosis and palliative care (ss 19(1), 28(1)); referrals to specialists; witness certifications (s 36); and all communications and forms filed.
    • Where procedural discretion is exercised (e.g. shortening nine‑day waiting period under s 38(2)), document the clinical basis and the consulting practitioner’s prognosis to demonstrate compliance.

12. Understand professional limits and safeguards

    • If you have a conscientious objection, exercise the right under s 7 to refuse participation but be aware of s 8’s prohibition on initiating VAD discussions. If refusing a first request, inform the patient within seven days as required by s 13(1)(b)(i)-(iii). Ensure patients are given information on how to obtain information if they request it (s 8(2)).

13. Board liaison and audit readiness

    • Expect the Board to request information (s 103), to publish de‑identified statistics (s 117), and to refer matters to police, AHPRA or the Coroner where the Board reasonably believes identifying information discloses a relevant matter (s 104). Cooperate with requests and retain records to satisfy any audit or review.

14. Keep abreast of regulations and training approval

    • Monitor regulations under s 118 and Secretary notices under s 114 for training content, locked box specifications, labelling form details and other prescribed matters. Subordinate instruments will affect operational compliance.

Practitioners, pharmacists and administrators should embed these steps into standard operating procedures, implement checklists for forms and timelines, ensure staff are trained on witness and contact person rules, and coordinate with legal/compliance teams to manage notifications and data sharing with the Board.