9Eligibility criteria for access to voluntary assisted dying

9 Eligibility criteria for access to voluntary assisted dying (1) For a person to be eligible for access to voluntary assisted dying— (a) the person must be aged 18 years or more; and (b) the person must— (i) be an Australian citizen or permanent resident; and (ii) be ordinarily resident in Victoria; and (iii) at the time of making a first request, have been ordinarily resident in Victoria for at least 12 months; and (c) the person must have decision-making capacity in relation to voluntary assisted dying; and (d) the person must be diagnosed with a disease, illness or medical condition that— (iii) is expected to cause death within weeks or months, not exceeding 6 months; and S. 9(2) amended by No. 39/2022 s. 883. (2) A person is not eligible for access to voluntary assisted dying only because the person is diagnosed with a mental illness, within the meaning of the **Mental Health and Wellbeing Act 2022**. (3) A person is not eligible for access to voluntary assisted dying only because the person has a disability, within the meaning of section 3(1) of the **Disability Act 2006**. (4) Despite subsection (1)(d)(iii), if the person is diagnosed with a disease, illness or medical condition that is neurodegenerative, that disease, illness or medical condition must be expected to cause death within weeks or months, not exceeding 12 months.