Sch 4poison and Schedule 8 poison have the meanings given in the *Medicines and Poisons Act 2014* section 3.

Schedule 4 poison and Schedule 8 poison have the meanings given in the *Medicines and Poisons Act 2014* section 3. (2) The coordinating practitioner for a patient who has made a self‑administration decision must, before prescribing a voluntary assisted dying substance for the patient, inform the patient, in writing, of the following — (a) the Schedule 4 poison or Schedule 8 poison, or combination of those poisons, constituting the substance; (b) that the patient is not under any obligation to obtain the substance; (c) that the patient is not under any obligation to self‑administer the substance; (d) that the substance must be stored in accordance with the information provided by the authorised supplier who supplies the substance; (e) how to prepare and self‑administer the substance; (f) the method by which the substance will be self-administered; (g) the expected effects of self-administration of the substance; (h) the period within which the patient is likely to die after self-administration of the substance; (i) the potential risks of self-administration of the substance; (j) that, if the patient decides not to self‑administer the substance, their contact person must give the substance to an authorised disposer for disposal; (k) that, if the patient dies, their contact person must give any unused or remaining substance to an authorised disposer for disposal. (3) The coordinating practitioner for a patient who has made a practitioner administration decision must, before prescribing a voluntary assisted dying substance for the patient, inform the patient, in writing, of the following — (a) the Schedule 4 poison or Schedule 8 poison, or combination of those poisons, constituting the substance; (b) that the patient is not under any obligation to have the substance administered; (c) the method by which the substance will be administered; (d) the expected effects of administration of the substance; (e) the period within which the patient is likely to die after administration of the substance; (f) the potential risks of administration of the substance; (g) that, if the practitioner administration decision is made after the revocation of a self‑administration decision, the contact person for the patient must give any prescribed substance received by the patient, the contact person or an agent of the patient to an authorised disposer for disposal. ##### 70. Prescription for substance medication chart means a chart (however described) that records medicines used, or to be used, for the treatment of the patient. (2) This section applies if the coordinating practitioner for a patient prescribes a voluntary assisted dying substance for the patient. (3) The prescription issued by the coordinating practitioner (the prescription) must include — (a) a statement that clearly indicates it is for a voluntary assisted dying substance; and (b) a statement — (i) certifying that the request and assessment process has been completed in respect of the patient in accordance with this Act; and (ii) certifying that the patient has made an administration decision and specifying whether the decision is a self‑administration decision or a practitioner administration decision; and (c) the telephone number of the patient. (4) The prescription cannot be in the form of a medication chart. (5) The prescription cannot provide for the prescribed substance to be supplied on more than 1 occasion. (6) The coordinating practitioner must give the prescription directly to an authorised supplier. ##### 71. Authorised supplier to authenticate prescription An authorised supplier who is given a prescription for a voluntary assisted dying substance must not supply the substance in accordance with the prescription unless the authorised supplier has confirmed — (a) the authenticity of the prescription; and (b) the identity of the person who issued the prescription; and (c) the identity of the person to whom the substance is to be supplied. ##### 72. Information to be given when supplying prescribed substance (1) Subsection (2) applies if an authorised supplier supplies a prescribed substance to a patient, the contact person for a patient or an agent of a patient (the recipient). (2) The authorised supplier must, when supplying the prescribed substance, inform the recipient, in writing, of the following — (a) that the patient is not under any obligation to self‑administer the substance; (b) how to store the substance in a safe and secure way; (c) how to prepare and self‑administer the substance; (d) that, if the patient decides not to self‑administer the substance, their contact person must give the substance to an authorised disposer for disposal; (e) that, if the patient dies, their contact person must give any unused or remaining substance to an authorised disposer for disposal. (3) If the recipient is not the patient, the authorised supplier must, when supplying the prescribed substance, advise the recipient to give the information provided under subsection (2) to the patient. ##### 73. Labelling requirements for prescribed substance (1) In addition to any labelling requirements under the *Medicines and Poisons Act 2014*, an authorised supplier who supplies a prescribed substance must attach a statement in writing to the relevant package or container that — (a) warns of the purpose of the dose of the substance; and (b) states the dangers of administration of the substance; and (c) states that, if the substance is supplied for self‑administration — (i) the substance must be stored in accordance with the advice given by the authorised supplier; and (ii) any unused or remaining substance must be given to an authorised disposer by the contact person for the patient to whom it is supplied. (2) The statement must be in the approved form. ##### 74. Authorised supplier to record and notify of supply (1) An authorised supplier who supplies a prescribed substance must immediately complete the approved form (the authorised supply form). (2) The authorised supply form must include the following — (b) the name and contact details of the authorised supplier; (c) a statement certifying that the prescribed substance was supplied; (d) the name and contact details of the person to whom the prescribed substance was supplied; (e) the date when the prescribed substance was supplied; (f) a statement certifying that the requirements under sections 72 and 73 were complied with; (g) the signature of the authorised supplier and the date when the form was signed. (3) Within 2 business days after supplying the prescribed substance, the authorised supplier must give a copy of the completed authorised supply form to the Board. ##### 75. Disposal of prescribed substance by authorised disposer (1) This section applies if a prescribed substance, or any unused or remaining prescribed substance, is given to an authorised disposer by the contact person for a patient. (2) The authorised disposer is authorised to — (a) possess the prescribed substance for the purpose of disposing of it; and (b) dispose of the prescribed substance. (3) The authorised disposer must dispose of the prescribed substance as soon as practicable after receiving it. (4) In disposing of the prescribed substance, the authorised disposer must comply with any requirements of the *Medicines and Poisons Act 2014* that apply to the disposal. ##### 76. Authorised disposer to record and notify of disposal (1) An authorised disposer who disposes of a prescribed substance must immediately complete the approved form (the authorised disposal form). (2) The authorised disposal form must include the following — (b) the name and contact details of the authorised disposer; (c) the name and contact details of the person who gave the prescribed substance to the authorised disposer; (d) the date when the prescribed substance was given to the authorised disposer; (e) the date when the prescribed substance was disposed of by the authorised disposer; (f) the signature of the authorised disposer and the date when the form was signed. (3) Within 2 business days after disposing of the prescribed substance, the authorised disposer must give a copy of the completed authorised disposal form to the Board. ##### 77. Disposal of prescribed substance by administering practitioner (1) Subsections (2) and (3) apply if — (a) a patient who has made a practitioner administration decision revokes the decision; and (b) the administering practitioner for the patient has possession of the prescribed substance when the decision is revoked. (2) The administering practitioner is authorised to — (a) possess the prescribed substance for the purpose of disposing of it; and (b) dispose of the prescribed substance. (3) The prescribed substance must be disposed of by the administering practitioner as soon as practicable after the practitioner administration decision is revoked. (4) Subsections (5) and (6) apply if — (a) a patient who has made a practitioner administration decision dies (whether or not after being administered the prescribed substance); and (b) the administering practitioner for the patient has possession of any prescribed substance that is unused or remaining after the patient’s death (the unused or remaining substance). (5) The administering practitioner is authorised to — (a) possess the unused or remaining substance for the purpose of disposing of it; and (b) dispose of the unused or remaining substance. (6) The unused or remaining substance must be disposed of by the administering practitioner as soon as practicable after the patient’s death. (7) In disposing of the prescribed substance or the unused or remaining substance, as the case requires, the administering practitioner must comply with any requirements of the *Medicines and Poisons Act 2014* that apply to the disposal. ##### 78. Administering practitioner to record and notify of disposal (1) An administering practitioner for a patient who disposes of a prescribed substance must immediately complete the approved form (the practitioner disposal form). (2) The practitioner disposal form must include the following — (b) the name and contact details of the administering practitioner; (c) the date when the prescribed substance was supplied to the administering practitioner; (d) the date when the patient revoked the practitioner administration decision or died; (e) the date when the prescribed substance was disposed of by the administering practitioner; (f) the signature of the administering practitioner and the date when the form was signed. (3) Within 2 business days after disposing of the prescribed substance, the administering practitioner must give a copy of the completed practitioner disposal form to the Board. ### Division 5 — Other matters ##### 79. Authorised suppliers and authorised disposers (1) The CEO may, in writing, authorise a registered health practitioner, or persons in a class of registered health practitioners, to supply prescribed substances for the purposes of this Part. (2) A person who is authorised under subsection (1) is an authorised supplier. (3) The CEO may, in writing, authorise a registered health practitioner, or persons in a class of registered health practitioners, to dispose of prescribed substances for the purposes of this Part. (4) A person who is authorised under subsection (3) is an authorised disposer. (5) The CEO may, in writing, revoke an authorisation given under subsection (1) or (3). (6) The CEO must publish an up‑to‑date list of authorised suppliers and authorised disposers on the Department’s website. ##### 80. Certain directions as to supply or administration prohibited authorised health professional has the meaning given in the *Medicines and Poisons Act 2014* section 3. (2) The coordinating practitioner for a patient cannot direct an authorised health professional to supply a prescribed substance to the patient, the contact person for the patient or an agent of the patient, unless — (a) the authorised health professional is an authorised supplier; and (b) the direction is in the form of a prescription for the prescribed substance given directly to the authorised supplier. (3) The coordinating practitioner or administering practitioner for a patient cannot direct an authorised health professional to administer a prescribed substance to the patient. ##### 81. Structured administration and supply arrangement not to be issued for substance structured administration and supply arrangement means a document that sets out the circumstances in which a health professional (as defined in the *Medicines and Poisons Act 2014* section 3) specified, or of a class specified, in the document may administer or supply a medicine specified in the document. (2) A person cannot issue a structured administration and supply arrangement in relation to the administration or supply of a medicine for the purpose of voluntary assisted dying. ##### 82. Notification of death cause of death certificate means a certificate of the cause of a person’s death under the *Births, Deaths and Marriages Registration Act 1998* section 44(1). (2) The coordinating practitioner or administering practitioner for a patient must, within 2 business days after becoming aware that the patient has died (whether or not after self‑administering, or being administered, a voluntary assisted dying substance in accordance with this Act), notify the Board, in the approved form, of the patient’s death. (3) Subsection (2) does not apply if the administering practitioner for a patient gives the Board a copy of a practitioner administration form in respect of the patient under section 61(4). (4) Subsections (5) and (6) apply if a medical practitioner who is required to give a cause of death certificate for a person knows or reasonably believes that the person was a patient who self‑administered, or was administered, a voluntary assisted dying substance in accordance with this Act. (5) The medical practitioner must, within 2 business days after becoming aware that the person has died, notify the Board, in the approved form, of the person’s death, unless the medical practitioner is the coordinating practitioner or administering practitioner for the person. (6) The medical practitioner must not include any reference to voluntary assisted dying in the cause of death certificate for the person. ## Part 5 — Review by Tribunal ##### 83. Terms used eligible applicant means — (a) a patient who is the subject of a decision referred to in section 84(1); or (b) an agent of a patient referred to in paragraph (a); or (c) any other person who the Tribunal is satisfied has a special interest in the medical care and treatment of a patient referred to in paragraph (a); party to the proceeding, in relation to a review application, means a party to the proceeding before the Tribunal relating to the application; review application, in relation to a patient, means an application under section 84(1) for a review of a decision made in relation to the patient; reviewed decision, in relation to a review application, means the decision the subject of the application. ##### 84. Application for review of certain decisions by Tribunal (1) An eligible applicant may apply to the Tribunal for a review of any of the following decisions — (a) a decision of the coordinating practitioner for a patient in a first assessment that the patient — (i) at the time of making the first request, has or has not been ordinarily resident in Western Australia for a period of at least 12 months; or (ii) has or does not have decision‑making capacity in relation to voluntary assisted dying; or (iii) is or is not acting voluntarily and without coercion; (b) a decision of the consulting practitioner for a patient in a consulting assessment that the patient — (i) at the time of making the first request, has or has not been ordinarily resident in Western Australia for a period of at least 12 months; or (ii) has or does not have decision‑making capacity in relation to voluntary assisted dying; or (iii) is or is not acting voluntarily and without coercion; (c) a decision of the coordinating practitioner for a patient to make a statement in a final review form certifying that the coordinating practitioner is satisfied that the patient — (i) has or does not have decision‑making capacity in relation to voluntary assisted dying; or (ii) in requesting access to voluntary assisted dying is or is not acting voluntarily and without coercion. (2) If a review application is made in relation to a patient, the patient is a party to the proceeding whether or not the patient is the applicant for the review. ##### 85. Notice of decision and right to have it reviewed Despite the *State Administrative Tribunal Act 2004* section 20(1), the only person who has to be given notice under that section in relation to a decision referred to in section 84(1) is the patient who is the subject of the decision. ##### 86. Consequences of review application (1) This section applies if a review application is made in relation to a patient. (2) If the request and assessment process in respect of the patient has not been completed, the request and assessment process is suspended and no further step in the process is to be taken until the review application is determined or otherwise disposed of. (3) If the request and assessment process in respect of the patient has been completed, the process for accessing voluntary assisted dying under Part 4 is suspended and no step under that Part (including the prescription, supply or administration of a voluntary assisted dying substance) is to be taken in relation to the patient until the review application is determined or otherwise disposed of. ##### 87. Review application taken to be withdrawn if patient dies A review application made in relation to a patient is taken to be withdrawn if the patient dies. ##### 88. Decision of Tribunal In determining a review application made in relation to a patient the Tribunal may decide that — (a) at the time of making the first request, the patient had been ordinarily resident in Western Australia for a period of at least 12 months; or (b) at the time of making the first request, the patient had not been ordinarily resident in Western Australia for a period of at least 12 months; or (c) the patient has decision‑making capacity in relation to voluntary assisted dying; or (d) the patient does not have decision‑making capacity in relation to voluntary assisted dying; or (e) the patient is acting voluntarily and without coercion; or (f) the patient is not acting voluntarily and without coercion. ##### 89. Effect of decision under s. 88(a), (c) or (e) (1) If the Tribunal makes a decision referred to in section 88(a), (c) or (e) on a review application made in relation to a patient — (a) section 86 ceases to apply; and (b) if the request and assessment process in respect of the patient had not been completed when the review application was made — the request and assessment process can be resumed; and (c) if the request and assessment process in respect of the patient had been completed when the review application was made — the process under Part 4 can be resumed, and any step that is authorised under that Part can be taken, in relation to the patient; and (d) if the Tribunal sets aside the reviewed decision — subsection (2), (3) or (4) applies, as the case requires. (2) If the reviewed decision set aside by the Tribunal is a decision of a coordinating practitioner in a first assessment — (b) if the outcome of the first assessment would, but for the reviewed decision, have been that the patient was assessed as eligible for access to voluntary assisted dying — the coordinating practitioner is taken to have made a first assessment assessing the patient as eligible for access to voluntary assisted dying. (3) If the reviewed decision set aside by the Tribunal is a decision of a consulting practitioner in a consulting assessment — (b) if the outcome of the consulting assessment would, but for the reviewed decision, have been that the patient was assessed as eligible for access to voluntary assisted dying — the consulting practitioner is taken to have made a consulting assessment assessing the patient as eligible for access to voluntary assisted dying. (4) If the reviewed decision set aside by the Tribunal is a decision of a coordinating practitioner in a final review — (b) the final review form is taken to include — (i) if the reviewed decision is a decision referred to in section 84(1)(c)(i) — a statement certifying that the coordinating practitioner is satisfied that the patient has decision‑making capacity in relation to voluntary assisted dying; or (ii) if the reviewed decision is a decision referred to in section 84(1)(c)(ii) — a statement certifying that the coordinating practitioner is satisfied that the patient in requesting access to voluntary assisted dying is acting voluntarily and without coercion. ##### 90. Effect of decision under s. 88(b), (d) or (f) If the Tribunal makes a decision referred to in section 88(b), (d) or (f) on a review application made in relation to a patient — (a) the patient is taken to be ineligible for access to voluntary assisted dying for the purposes of the request and assessment process in respect of the patient; and (b) if the request and assessment process in respect of the patient had not been completed when the review application was made — the request and assessment process ends; and (c) if the request and assessment process in respect of the patient had been completed when the review application was made — the process for accessing voluntary assisted dying under Part 4 ends and no step under that Part (including the prescription, supply or administration of a voluntary assisted dying substance) is to be taken in relation to the patient. ##### 91. Coordinating practitioner may refuse to continue in role (1) If a decision of the Tribunal is substituted for a decision of the coordinating practitioner for a patient under section 89(2)(a) or (4)(a), the coordinating practitioner may refuse to continue to perform the role of coordinating practitioner. (2) A coordinating practitioner who refuses under subsection (1) to continue to perform the role of coordinating practitioner must transfer the role of coordinating practitioner in accordance with section 157. ##### 92. Constitution and membership of Tribunal judicial member, non‑judicial member and public sector employee have the meanings given in the *State Administrative Tribunal Act 2004* section 3(1). (2) For the purposes of this Part — (a) the Tribunal, when exercising its review jurisdiction, must be constituted by, or so as to include, a judicial member; and (b) a person who is a public sector employee may be appointed to be a non‑judicial member in respect of matters in the Tribunal’s review jurisdiction. ##### 93. Hearings of Tribunal to be held in private (1) Hearings of the Tribunal in respect of a review application must be held in private. (2) The Tribunal may give directions as to persons who may be present at a hearing in respect of a review application. ##### 94. Notice requirements (1) If a review application is made in relation to a patient, the Tribunal must give notice of the application and any decision or order (however described) of the Tribunal in respect of the application to — (a) the coordinating practitioner for the patient if the coordinating practitioner is not a party to the proceeding; and (b) the consulting practitioner for the patient if the consulting practitioner is not a party to the proceeding; and (c) if the role of administering practitioner for the patient has been transferred under section 63(2), the administering practitioner for the patient; and (d) the CEO; and (e) the Board. (2) Subsection (1) does not limit the operation of the *State Administrative Tribunal Act 2004* section 75 and is in addition to any requirements for notice under that Act. (3) The Board must, as soon as practicable after receiving notice of a review application under subsection (1), give written notice of the effect of section 86(2) and (3) to — (a) each party to the proceeding; and (b) the coordinating practitioner for the patient if the coordinating practitioner is not a party to the proceeding; and (c) if the role of administering practitioner for the patient has been transferred under section 63(2), the administering practitioner for the patient. ##### 95. Coordinating practitioner to give Tribunal relevant material Within 7 business days after receiving notice of a review application under section 94(1) or any shorter period ordered by the Tribunal, the coordinating practitioner for a patient must — (a) if the coordinating practitioner is the decision‑maker for the purposes of the *State Administrative Tribunal Act 2004*, provide the following to the Tribunal — (i) a statement of the reasons for the reviewed decision; (ii) other documents and material in the practitioner’s possession or under the practitioner’s control and relevant to the Tribunal’s review of the reviewed decision; or (b) if the coordinating practitioner is not the decision‑maker for the purposes of the *State Administrative Tribunal Act 2004*, provide to the Tribunal documents and material in the practitioner’s possession or under the practitioner’s control and relevant to the Tribunal’s review of the reviewed decision. ##### 96. Tribunal to give written reasons for decision (1) The Tribunal must give written reasons for a decision made in respect of a review application. (2) The Tribunal must give a copy of the written reasons to — (a) each party to the proceeding; and (b) the coordinating practitioner for the patient if the coordinating practitioner is not a party to the proceeding; and (c) the consulting practitioner for the patient if the consulting practitioner is not a party to the proceeding; and (d) if the role of administering practitioner for the patient has been transferred under section 63(2), the administering practitioner for the patient; and (e) the CEO; and (f) the Board. (3) A written transcript of the part of the proceeding in which the Tribunal’s reasons for the decision are given orally is sufficient to constitute written reasons for the purposes of this section. ##### 97. Published decisions or reasons to exclude personal information (1) If the Tribunal publishes a decision, or its reasons for a decision, made in respect of a review application, the Tribunal must ensure that the decision or reasons are published in a form that does not disclose personal information about any of the following — (a) a party to the proceeding; (b) a person who has appeared before the Tribunal in the proceeding; (c) the coordinating practitioner for the patient if the coordinating practitioner is not a party to the proceeding; (d) the consulting practitioner for the patient if the consulting practitioner is not a party to the proceeding; (e) a former coordinating practitioner or consulting practitioner for the patient if the person is not a party to the proceeding; (f) if the role of administering practitioner for the patient has been transferred under section 63(2), a person to whom the role has been transferred. (2) Subsection (1) does not prevent the Tribunal from disclosing personal information about a person referred to in that subsection in written reasons given under section 96(1) or in a copy of written reasons given under section 96(2). ##### 98. Interim orders On a review application, the Tribunal may make any interim order that it considers necessary. ## Part 6 — Offences ##### 99. Unauthorised administration of prescribed substance A person commits a crime if — (a) the person administers a prescribed substance to another person; and (b) the person is not authorised by section 59(5) to administer the prescribed substance to the other person. Penalty: imprisonment for life. ##### 100. Inducing another person to request or access voluntary assisted dying request for access to voluntary assisted dying means — (a) a first request; or (b) a written declaration; or (c) a final request; or (d) an administration decision. (2) A person commits a crime if the person, by dishonesty, undue influence or coercion, induces another person — (a) to make a request for access to voluntary assisted dying; or (b) to access voluntary assisted dying. Penalty for this subsection: imprisonment for 7 years. Summary conviction penalty for this subsection: imprisonment for 3 years and a fine of $36 000. ##### 101. Inducing self‑administration of prescribed substance A person commits a crime if the person, by dishonesty, undue influence or coercion, induces another person to self‑administer a prescribed substance. Penalty: imprisonment for life. ##### 102. False or misleading information (1) A person commits a crime if the person does anything set out in subsection (2) — (a) in, or in connection with, a form, declaration or other document required under this Act; or (b) in compliance, or purported compliance, with a requirement under this Act; or (c) for any other purpose under this Act. Penalty for this subsection: imprisonment for 7 years. Summary conviction penalty for this subsection: imprisonment for 3 years and a fine of $36 000. (2) The things to which subsection (1) applies are making a statement or giving information that — (a) the person knows is false or misleading in a material particular; or (b) omits anything without which the statement or information is, to the person’s knowledge, misleading in a material particular. ##### 103. Advertising Schedule 4 or 8 poison as voluntary assisted dying substance A person commits a crime if the person advertises a Schedule 4 poison or Schedule 8 poison as a voluntary assisted dying substance. Penalty: imprisonment for 3 years and a fine of $36 000. ##### 104. Cancellation of document presented as prescription (1) This section applies if — (a) an authorised supplier is given a document that is presented as a prescription for a voluntary assisted dying substance; and (b) the authorised supplier is satisfied that the document — (i) does not comply with section 70; or (ii) is not issued by the coordinating practitioner for the patient to whom it relates; or (iii) is false in a material particular. (2) The authorised supplier must — (a) cancel the document by marking the word “cancelled” across it; and (b) inform the CEO that the document has been cancelled and of the reasons for cancelling it. ##### 105. Contact person to give unused or remaining substance to authorised disposer (1) If a patient revokes a self‑administration decision after an authorised supplier has supplied a prescribed substance for the patient, the contact person for the patient must, as soon as practicable and in any event within 14 days after the day on which the decision is revoked, give the prescribed substance to an authorised disposer. (2) If a patient who has made a self‑administration decision dies and the patient’s death occurs after an authorised supplier has supplied a prescribed substance for the patient, the contact person for the patient must, as soon as practicable and in any event within 14 days after the day on which the patient dies, give any unused or remaining substance to an authorised disposer. (3) In subsection (2) the reference to any unused or remaining substance is a reference to any prescribed substance that the contact person knows is unused or remaining after the patient’s death. ##### 106. Recording, use or disclosure of information (1) A person must not, directly or indirectly, record, use or disclose information obtained by the person because of a function that the person has, or at any time had, under this Act. (2) Subsection (1) does not apply to the recording, use or disclosure of information — (a) for the purpose of performing a function under this Act; or (b) as required or allowed under this Act or another written law; or (c) under an order of a court or other person or body acting judicially; or (d) for the purpose of a proceeding under Part 5 or another proceeding before a court or other person or body acting judicially; or (e) for the purpose of the investigation of a suspected offence or the conduct of proceedings against a person for an offence; or (f) with the written consent of — (i) the person to whom the information relates; or (ii) an executor or administrator of the estate of that person. (3) Subsection (1) does not apply to the recording, use or disclosure of statistical or other information that is not personal information. ##### 107. Publication of personal information concerning proceeding before Tribunal information about a proceeding means information about — (a) a proceeding before the Tribunal under Part 5; or (b) a decision or order (however described) of the Tribunal in a proceeding under that Part; publish means to disseminate to the public or a section of the public by any means, including the following — (a) in a newspaper or periodical publication; (b) by radio broadcast, television, a website, an online facility or other electronic means. (2) A person must not publish information about a proceeding in a form that discloses personal information about any of the following — (a) a party to the proceeding; (b) a person who has appeared before the Tribunal in the proceeding; (c) the coordinating practitioner for the patient if the coordinating practitioner is not a party to the proceeding; (d) the consulting practitioner for the patient if the consulting practitioner is not a party to the proceeding; (e) a former coordinating practitioner or consulting practitioner for the patient if the person is not a party to the proceeding; (f) if the role of administering practitioner for the patient has been transferred under section 63(2), a person to whom the role has been transferred. ##### 108. Failure to give form to Board A person who contravenes a provision of this Act listed in the Table commits an offence. Penalty: a fine of $10 000. Table | s. 29(2) | s. 33(1) | | --- | --- | | s. 40(2) | s. 46 | | s. 50(1) | s. 51(4) | | s. 57(3)(c) | s. 60(1)(b) | | s. 61(4) | s. 63(3)(c) | | s. 66(4) | s. 74(3) | | s. 76(3) | s. 78(3) | | s. 82(2) | s. 82(5) | | s. 157(4)(c) | | ## Part 7 — Enforcement ##### 109. Application of *Medicines and Poisons Act 2014* Part 7 (1) The provisions of the *Medicines and Poisons Act 2014* Part 7 Divisions 1 to 5 (the applied provisions) apply, for the purposes of the enforcement of this Act, with the modifications set out in subsections (2) to (7) and any other necessary modifications. (2) References in the applied provisions to “this Act” are to be read as references to this Act. (3) References in the applied provisions to “the CEO” are to be read as references to the CEO as defined in section 5 of this Act. (4) Section 94 is to be read as if “or the *Medicines and Poisons Act 2014*” were inserted after “the *Misuse of Drugs Act 1981*”. (5) Section 95(1) is to be read as if section 95(1)(c) were deleted. (6) Section 101 is to be read as if section 101(1)(a) and (2) were deleted. (7) Section 103 is to be read as if section 103(2) and (3) were replaced by the following provision — (2) An investigator who enters a place under section 102(1) is entitled under this section to seize any patient records or data relating to a patient. (8) Any definition in the *Medicines and Poisons Act 2014* of a term used in the applied provisions also applies for the purposes of the application of those provisions under subsection (1). ##### 110. Court to notify CEO of conviction of offence under Act If a court convicts a person of an offence under this Act, the registrar of the court must notify the CEO of the conviction and the penalty imposed. ##### 111. Who may commence proceedings for simple offence A prosecution for a simple offence under this Act can only be commenced by the CEO or by a person authorised by the CEO to do so. ##### 112. Time limit for prosecution of simple offence (1) A prosecution for a simple offence under this Act must be commenced within 2 years after the day on which the offence is alleged to have been committed. (2) However, if a prosecution notice alleging an offence specifies the day on which evidence of the alleged offence first came to the attention of a person authorised under section 111 to commence the prosecution — (a) the prosecution may be commenced within 2 years after that day; and (b) the prosecution notice need not contain particulars of the day on which the offence is alleged to have been committed. (3) The day on which evidence first came to the attention of a person authorised under section 111 to commence a prosecution is, in the absence of evidence to the contrary, the day specified in the prosecution notice. ## Part 8 — Protection from liability ##### 113. Protection for persons assisting access to voluntary assisted dying or present when substance administered A person does not incur any criminal liability if the person — (a) in good faith, assists another person to request access to, or access, voluntary assisted dying in accordance with this Act; or (b) is present when another person self‑administers or is administered a prescribed substance in accordance with this Act. ##### 114. Protection for persons acting in accordance with Act (1) This section applies if a person, in good faith and with reasonable care and skill, does a thing — (a) in accordance with this Act; or (b) believing on reasonable grounds that the thing is done in accordance with this Act. (2) The person does not incur any civil liability, or any criminal liability under this Act, for doing the thing. (3) The doing of the thing is not to be regarded as — (a) a breach of professional ethics or standards or any principles of conduct applicable to the person’s employment; or (b) professional misconduct or unprofessional conduct. (4) In this section, a reference to the doing of a thing includes a reference to an omission to do a thing. ##### 115. Protection for certain persons who do not administer lifesaving treatment ambulance officer means a person employed or engaged (including on a voluntary basis) by the provider of an ambulance service to provide medical or other assistance to persons in an emergency; lifesaving treatment means lifesaving or life‑preserving medical treatment; protected person means — (a) a registered health practitioner; or (b) an ambulance officer; or (c) a person (other than a person referred to in paragraph (a) or (b)) who has a duty to administer lifesaving treatment to another person. (2) This section applies if a protected person, in good faith, does not administer lifesaving treatment to another person in circumstances where — (a) the other person has not requested the administration of lifesaving treatment; and (b) the protected person believes on reasonable grounds that the other person is dying after self‑administering or being administered a prescribed substance in accordance with this Act. (3) The protected person does not incur any civil liability or criminal liability for not administering the lifesaving treatment. (4) The non‑administration of the lifesaving treatment is not to be regarded as — (a) a breach of professional ethics or standards or any principles of conduct applicable to the protected person’s employment; or (b) professional misconduct or unprofessional conduct. ## Part 9 — Voluntary Assisted Dying Board ### Division 1 — Establishment ##### 116. Board established A body called the Voluntary Assisted Dying Board is established. ##### 117. Status The Board is an agent of the Crown and has the status, immunities and privileges of the Crown. ### Division 2 — Functions and powers ##### 118. Functions of Board The Board has the following functions — (a) to monitor the operation of this Act; (b) to provide to the Minister or the CEO, on its own initiative or on request, advice, information and reports on matters relating to the operation of this Act, including any recommendations for the improvement of voluntary assisted dying; (c) to refer to any of the following persons or bodies any matter identified by the Board in relation to voluntary assisted dying that is relevant to the functions of the person or body — (i) the person holding or acting in the office of Commissioner of Police under the *Police Act 1892*; (ii) the Registrar of Births, Deaths and Marriages referred to in the *Births, Deaths and Marriages Registration Act 1998* section 5; (iii) the State Coroner appointed under the *Coroners Act 1996* section 6; (iv) the CEO; (v) the chief executive officer of the department of the Public Service principally assisting in the administration of the *Prisons Act 1981*; (vi) the Australian Health Practitioner Regulation Agency established by the *Health Practitioner Regulation National Law (Western Australia)* section 23; (vii) the Director of the Health and Disability Services Complaints Office appointed under the *Health and Disability Services (Complaints) Act 1995* section 7(1); (d) to conduct analysis of, and research in relation to, information given to the Board under this Act; (e) to collect, use and disclose information given to the Board under this Act for the purposes of performing its functions; (f) any other function given to the Board under this Act. ##### 119. Powers of Board The Board has all the powers it needs to perform its functions. ##### 120. Delegation by Board (1) The Board may delegate any power or duty of the Board under another provision of this Act to a member or to a committee established under section 145. (2) The delegation must be in writing executed by the Board. (3) A person or committee to whom or which a power or duty is delegated under this section cannot delegate the power or duty. (4) A person or committee exercising or performing a power or duty that has been delegated to the person or committee under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Board to perform a function through a member of staff provided to the Board under section 121 or an agent of the Board. ### Division 3 — Staff and assistance ##### 121. Staff and services The CEO must ensure that the Board is provided with the staff, services and facilities, and other resources and support, that are reasonably necessary to enable it to perform its functions. ##### 122. Assistance (1) The Board, with the approval of the Minister, may co‑opt any person with special knowledge or skills to assist the Board in a particular matter. (2) A person who has been co‑opted to assist the Board may attend meetings of the Board and participate in its deliberations but cannot vote at a meeting of the Board. ### Division 4 — Accountability ##### 123. Minister may give directions (1) The Minister may give written directions to the Board with respect to the performance of its functions, and the Board must give effect to any such direction. (2) However, a direction under subsection (1) cannot be about the performance of a function in relation to a particular person or matter. ##### 124. Minister to have access to information document includes any tape, disk or other device or medium on which information is recorded or stored; information means information specified, or of a description specified, by the Minister that relates to the functions of the Board. (2) The Minister is entitled — (a) to have information in the possession of the Board; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. (3) However, the Minister is not entitled to have personal information about a person unless the person has consented to the disclosure of the information. (4) For the purposes of subsection (2), the Minister may — (a) request the Board to give information to the Minister; and (b) request the Board to give the Minister access to information; and (c) for the purposes of paragraph (b), make use of staff provided to the Board under section 121 to obtain the information and give it to the Minister. (5) The Board must comply with a request under subsection (4) and make staff and facilities available to the Minister for the purposes of subsection (4)(c). ### Division 5 — Membership ##### 125. Membership of Board The Board consists of 5 members appointed by the Minister. ##### 126. Chairperson and deputy chairperson (1) The Minister must designate one member to be the chairperson of the Board and another member to be the deputy chairperson of the Board. (2) If the chairperson is unable to act because of illness, absence or other cause or if there is no chairperson, the deputy chairperson must act in the chairperson’s place. (3) An act or omission of the deputy chairperson acting in the chairperson’s place cannot be questioned on the ground that the occasion to act in the chairperson’s place had not arisen or had ceased. ##### 127. Term of office (1) A member holds office for the term, not exceeding 3 years, that is specified in the member’s instrument of appointment. (2) A member is eligible for reappointment. ##### 128. Casual vacancies misconduct includes conduct that renders the member unfit to hold office as a member even though the conduct does not relate to a duty of the office. (2) The office of a member becomes vacant if the member — (a) dies, resigns or is removed from office under this section; or (b) is, according to the *Interpretation Act 1984* section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (c) is convicted of an offence punishable by imprisonment for more than 12 months; or (d) is convicted of an offence under section 140. (3) A member may at any time resign from office by written notice given to the Minister. (4) The Minister may remove a member from office on the grounds of — (a) neglect of duty; or (b) misconduct or incompetence; or (c) mental or physical incapacity, other than temporary illness, impairing the performance of the member’s duties; or (d) absence, without leave, from 3 consecutive meetings of the Board of which the member has had notice. ##### 129. Extension of term of office during vacancy (1) If the office of a member becomes vacant because the member’s term of office expires by effluxion of time, the member continues to be a member during that vacancy until the day on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member). (2) Subsection (1) ceases to apply if the member resigns or is removed from office under section 128. (3) The maximum period for which a member continues to be a member under this section after the member’s term of office expires is 3 months. ##### 130. Alternate members (1) If a member other than the chairperson is unable to act because of illness, absence or other cause, the Minister may appoint another person as an alternate member to act temporarily in the member’s place. (2) If the deputy chairperson is acting in the chairperson’s place, the Minister may appoint another person as an alternate member to act temporarily in the deputy chairperson’s place. (3) While acting in accordance with their appointment an alternate member is taken to be, and to have any entitlement of, a member. (4) An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased. ##### 131. Remuneration of members A member is entitled to be paid any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner. ### Division 6 — Board meetings ##### 132. Holding meetings (1) The first meeting of the Board must be convened by the chairperson, and subsequent meetings must be held at times and places determined by the Board. (2) A special meeting of the Board may at any time be convened by the chairperson. ##### 133. Quorum A quorum for a meeting of the Board is 3 members of the Board. ##### 134. Presiding member (1) The chairperson, if present, must preside at a meeting of the Board. (2) If neither the chairperson, nor the deputy chairperson acting in the chairperson’s place, is presiding under subsection (1), the members present at the meeting must elect one of their number to preside. ##### 135. Procedure at meetings The Board must determine its own meeting procedures to the extent that they are not fixed by this Act. ##### 136. Voting (1) At a meeting of the Board each member present has a deliberative vote unless section 141 prevents the member from voting. (2) In the case of an equality of votes, the member presiding has a casting vote in addition to a deliberative vote. (3) A question is resolved by a majority of the votes cast. ##### 137. Holding meetings remotely The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication. ##### 138. Resolution without meeting A resolution in writing signed or otherwise assented to in writing by each member has the same effect as if it had been passed at a meeting of the Board. ##### 139. Minutes The Board must cause accurate minutes to be kept of the proceedings at each of its meetings. ### Division 7 — Disclosure of interests ##### 140. Disclosure of material personal interest (1) A member who has a material personal interest in a matter being considered or about to be considered by the Board must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board. Penalty for this subsection: a fine of $10 000. (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting. ##### 141. Voting by interested member (1) A member who has a material personal interest in a matter that is being considered by the Board — (a) must not vote, whether at a meeting or otherwise, on the matter; and (b) must not be present while the matter is being considered at a meeting. (2) A reference in subsection (1) to a matter includes a reference to a proposed resolution under section 142 in respect of the matter, whether relating to that member or a different member. ##### 142. Section 141 may be declared inapplicable Section 141 does not apply if — (a) a member has disclosed under section 140 an interest in a matter; and (b) the Board has at any time passed a resolution that — (i) specifies the member, the interest and the matter; and (ii) states that the members voting for the resolution are satisfied that the interest is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct and should not disqualify the member from considering or voting on the matter. ##### 143. Quorum where s. 141 applies (1) Despite section 133, if a member is disqualified under section 141 in relation to a matter, a quorum is present during the consideration of the matter if 2 members of the Board who are entitled to vote on any motion that may be moved at the meeting in relation to the matter are present. (2) The Minister may deal with a matter to the extent that the Board cannot deal with it because of subsection (1). ##### 144. Minister may declare s. 141 and 143 inapplicable (1) The Minister may in writing declare that section 141 or 143 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions. (2) The Minister must cause a copy of a declaration made under subsection (1) to be laid before each House of Parliament within 14 sitting days of the House after the declaration is made. ### Division 8 — Committees ##### 145. Establishment of committees (1) The Board may establish committees to assist it in the performance of its functions. (2) The Board may discharge, alter or reconstitute a committee. (3) The Board may — (a) determine the functions, membership and constitution of a committee; and (b) appoint any members of the Board or other persons as it thinks fit to be members of a committee. ##### 146. Directions to committee (1) The Board may give directions to a committee with respect to its functions and procedures. (2) A committee must comply with a direction given to it by the Board. ##### 147. Committee to determine own procedures Subject to any directions of the Board and the terms of any delegation under section 120, a committee may determine its own procedures. ##### 148. Remuneration of committee members A member of a committee is entitled to be paid any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner. ### Division 9 — Information ##### 149. Board to send information to contact person for patient The Board must, within 2 business days after receiving a copy of a contact person appointment form for a patient under section 60(1)(b)(ii) or 66(4), send information to the contact person for the patient that — (a) explains the requirements under section 105 to give the prescribed substance, or any unused or remaining prescribed substance, to an authorised disposer; and (b) outlines the support services available to assist the contact person to comply with the requirements referred to in paragraph (a). ##### 150. Request for information (1) The Board may request any person (including the contact person for a patient) to give information to the Board to assist it in performing any of its functions. (2) A person may comply with a request under subsection (1) despite any enactment that prohibits or restricts the disclosure of the information. ##### 151. Disclosure of information The Board may, on request, disclose information (other than personal information) obtained in the performance of its functions to — (a) a public authority as defined in the *Health Services Act 2016* section 6; or (b) a person or body for the purposes of education or research. ##### 152. Board to record and retain statistical information (1) The Board must record and retain statistical information about the following matters relating to voluntary assisted dying — (a) the disease, illness or medical condition of a patient that met the requirements of section 16(1)(c) (whether or not the patient made a final request); (b) if a patient has died after self‑administering or being administered a voluntary assisted dying substance in accordance with this Act, the age of the patient on the day the patient died; (c) participation in the request and assessment process, and access to voluntary assisted dying, by patients who are regional residents; (d) a matter specified in a direction under subsection (2). (2) The Minister may give a written direction to the Board requiring it — (a) to record and retain statistical information about a matter relating to voluntary assisted dying specified in the direction; and (b) to include that statistical information in its report under section 155(1). (3) The Board must give effect to a direction under subsection (2). ### Division 10 — Miscellaneous ##### 153. Board to notify receipt of forms (1) The Board must, as soon as practicable after receiving a form or a copy of a form from a person under this Act, notify the person that it has been received. (2) The Board must, as soon as practicable after receiving a copy of an authorised disposal form or practitioner disposal form, give a copy of that form to the CEO. ##### 154. Execution of documents by Board (1) A document is duly executed by the Board if it is signed on behalf of the Board by 2 members authorised to do so under subsection (2). (2) The Board may authorise any of its members to sign documents on behalf of the Board, either generally or subject to the conditions that are specified in the authorisation. (3) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. ##### 155. Annual report (1) The Board must, within 6 months after the end of each financial year, prepare and give to the Minister a report on the operation of this Act during that financial year. (2) The report must include — (a) any recommendations that the Board considers appropriate in relation to voluntary assisted dying; and (b) any information that the Board considers relevant to the performance of its functions; and (c) the number of any referrals made by the Board under section 118(c); and (d) the text of any direction given to the Board under section 123(1) or 152(2); and (e) details of any disclosure under section 140(1) that relates to a matter dealt with in the report and of any resolution under section 142 in respect of the disclosure; and (f) statistical information that the Board is directed under section 152(2) to include in the report; and (g) information about the extent to which regional residents had access to voluntary assisted dying, including statistical information recorded and retained under section 152(1)(c), and having regard to the access standard under section 156. (3) The report must not include — (a) personal information about a patient, medical practitioner or other person who has participated in the request and assessment process or the process for accessing voluntary assisted dying under Part 4; or (b) information that would prejudice — (i) any criminal investigation or criminal proceeding; or (ii) any civil proceeding; or (iii) any proceeding in the Coroner’s Court of Western Australia. (4) The Minister must cause a copy of the report to be laid before each House of Parliament within 6 sitting days of the House after the day on which the Minister receives the report. ## Part 10 — Access standard ##### 156. Standard about access to voluntary assisted dying (1) The CEO must issue a standard (the access standard) setting out how the State intends to facilitate access to voluntary assisted dying for persons ordinarily resident in Western Australia, including how the State intends to facilitate those persons’ access to — (a) the services of medical practitioners and other persons who carry out functions under this Act; and (b) prescribed substances; and (c) information about accessing voluntary assisted dying. (2) The access standard must specifically set out how the State intends to facilitate access to voluntary assisted dying for regional residents. (3) The CEO may modify or replace the access standard. (4) The CEO must publish the access standard on the Department’s website. ## Part 11 — General ##### 157. Transfer of coordinating practitioner’s role (1) The coordinating practitioner for a patient (the original practitioner) may transfer the role of coordinating practitioner to the consulting practitioner for the patient if — (a) the consulting practitioner has assessed the patient as eligible for access to voluntary assisted dying; and (b) the consulting practitioner accepts the transfer of the role. (2) The transfer of the role can be — (a) at the request of the patient; or (b) on the original practitioner’s own initiative. (3) Within 2 business days after being requested by the original practitioner to accept a transfer under subsection (1), the consulting practitioner must inform the original practitioner whether the consulting practitioner accepts or refuses the transfer of the role. (4) If the consulting practitioner accepts the transfer of the role, the original practitioner must — (a) inform the patient of the transfer; and (b) record the transfer in the patient’s medical record; and (c) within 2 business days after the acceptance of the transfer, complete the approved form (the coordinating practitioner transfer form) and give a copy of it to the Board. (5) The coordinating practitioner transfer form must include the following — (b) the name and contact details of the original practitioner; (c) the name and contact details of the consulting practitioner; (d) the date when the consulting practitioner accepted the transfer; (e) the date when the patient was informed of the transfer; (f) the signature of the original practitioner and the date when the form was signed. (6) If the consulting practitioner refuses the transfer of the role, the original practitioner may — (a) refer the patient to another medical practitioner for a further consulting assessment; and (b) transfer the role of coordinating practitioner to that medical practitioner if the practitioner — (i) accepts the referral for a further consulting assessment; and (ii) assesses the patient as eligible for access to voluntary assisted dying; and (iii) accepts the transfer of the role. (7) On acceptance of the referral for a further consulting assessment, the consulting assessment that previously assessed the patient as eligible for access to voluntary assisted dying becomes void. ##### 158. Communication between patient and practitioner audiovisual communication means a method of electronic communication that is designed to allow people to see and hear each other simultaneously. (2) If it is not practicable for a patient to make a first request, final request or administration decision in person — (a) the patient may make the request or decision using audiovisual communication; and (b) the medical practitioner who receives the request or is being informed of the decision may give the patient advice or information in relation to the request or decision using audiovisual communication. (3) Except as provided in subsection (2)(b), a medical practitioner or other registered health practitioner may give advice or information to, or otherwise communicate with, a person for the purposes of this Act using any method of communication (including electronic communication) that the practitioner considers appropriate. (4) However, subsections (2) and (3) do not authorise the use of a method of communication if, or to the extent that, the use is contrary to or inconsistent with a law of the Commonwealth. ##### 159. Information about voluntary assisted dying authorised official means — (a) the CEO; or (b) a public service officer employed in the Department; or (c) a person designated as an authorised official under subsection (2). (2) The CEO may, in writing, designate persons, or persons in a class, as authorised officials for the purposes of this section. (3) An authorised official may make information about voluntary assisted dying publicly available. (4) Information may be made available under this section using any method of communication (including electronic communication) that the authorised official considers appropriate. (5) However, subsection (4) does not authorise the use of a method of communication if, or to the extent that, the use is contrary to or inconsistent with a law of the Commonwealth. ##### 160. CEO may approve training The CEO may approve training relating to the following matters — (a) the operation of this Act in relation to medical practitioners and nurse practitioners, including the functions of coordinating practitioners, consulting practitioners and administering practitioners; (b) assessing whether or not a patient meets the eligibility criteria; (c) identifying and assessing risk factors for abuse or coercion; (d) other matters relating to the operation of this Act. ##### 161. CEO may approve forms The CEO may approve forms for use under this Act. ##### 162. Interpreters health facility means any of the following — (a) a hospital as defined in the *Health Services Act 2016* section 8; (b) a private psychiatric hostel as defined in the *Private Hospitals and Health Services Act 1927* section 2(1); (c) premises where residential care, as defined in the *Aged Care Act 1997* (Commonwealth) section 41‑3, is provided; (d) premises, other than a private residence, where accommodation and personal care or nursing care, or both, are provided to a person with a disability; interpreter, for a patient, means an interpreter who assists a patient in relation to — (a) the request and assessment process; or (b) the process for accessing voluntary assisted dying under Part 4; or (c) a proceeding under Part 5. (2) An interpreter for a patient — (a) must be accredited by a body approved by the CEO; and (b) must not — (i) be a family member of the patient; or (ii) know or believe that they are a beneficiary under a will of the patient or that they may otherwise benefit financially or in any other material way from the death of the patient; or (iii) be an owner of, or be responsible for the day‑to‑day management and operation of, any health facility at which the patient is being treated or resides; or (iv) be a person who is directly involved in providing health services or professional care services to the patient. ##### 163. Regulations The Governor may make regulations prescribing matters necessary or convenient to be prescribed for giving effect to this Act. ##### 164. Review of Act (1) The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review — (a) as soon as practicable after the 2nd anniversary of the day on which this section comes into operation; and (b) after that, at intervals of not more than 5 years. (2) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 2nd anniversary or the expiry of the period of 5 years, as the case may be. ## Part 12 — Consequential amendments to other Acts ### Division 1 — *Constitution Acts Amendment Act 1899* amended ##### 165. Act amended This Division amends the *Constitution Acts Amendment Act 1899*. ##### 166. Schedule V amended In Schedule V Part 3 before the item relating to the Waste Authority insert: The Voluntary Assisted Dying Board established by the *Voluntary Assisted Dying Act 2019*. ### Division 2 — *Coroners Act 1996* amended ##### 167. Act amended This Division amends the *Coroners Act 1996*. ##### 168. Section 3A inserted After section 3 insert: 3A. Death under *Voluntary Assisted Dying Act 2019* not reportable death (1) Despite the definition of ***reportable death*** in section 3, a Western Australian death of a person who has self‑administered, or has been administered, a voluntary assisted dying substance in accordance with the *Voluntary Assisted Dying Act 2019* is not a reportable death for the purposes of this Act. (2) Subsection (1) does not apply to a Western Australian death of a person who immediately before death was a person held in care. ### Division 3 — *Guardianship and Administration Act 1990* amended ##### 169. Act amended This Division amends the *Guardianship and Administration Act 1990*. ##### 170. Section 3B inserted At the end of Part 1 insert: 3B. Act does not authorise decisions about voluntary assisted dying Nothing in this Act authorises the making of a treatment decision, whether in an advance health directive or otherwise, in relation to voluntary assisted dying as defined in the *Voluntary Assisted Dying Act 2019* section 5. ### Division 4 — *Health and Disability Services (Complaints) Act 1995* amended ##### 171. Act amended This Division amends the *Health and Disability Services (Complaints) Act 1995*. ##### 172. Section 3 amended In section 3 in the definition of ***health service*** paragraph (b) delete “including palliative health care; and” and insert: including — (i) palliative health care; and (ii) voluntary assisted dying as defined in the *Voluntary Assisted Dying Act 2019* section 5; and ### Division 5 — *Medicines and Poisons Act 2014* amended ##### 173. Act amended This Division amends the *Medicines and Poisons Act 2014*. ##### 174. Section 3 amended (1) In section 3 insert in alphabetical order: voluntary assisted dying substance means a Schedule 4 or 8 poison that is a voluntary assisted dying substance as defined in the *Voluntary Assisted Dying Act 2019* section 7(2). (2) In section 3 in the definition of ***veterinary surgeon*** delete “*1960*.” and insert: *1960*; ##### 175. Section 7 amended (1) In section 7(1) delete the definition of ***prescriber*** and insert: prescriber means — (a) in relation to a Schedule 4 or 8 poison (other than a voluntary assisted dying substance prescribed for the purposes of the *Voluntary Assisted Dying Act 2019*) — an authorised health professional who has authority to prescribe the poison; or (b) in relation to a voluntary assisted dying substance prescribed for the purposes of the *Voluntary Assisted Dying Act 2019* — a person who is authorised by that Act to prescribe the substance; (2) In section 7(1) in the definition of ***prescription***: (a) delete paragraph (a) and insert: (a) sets out particulars of the poison, or a substance that contains the poison, that is — (i) to be used by, or administered to, a person named in the document for therapeutic purposes or for the purposes of the *Voluntary Assisted Dying Act 2019*; or (ii) to be administered to an animal described in the document for therapeutic purposes; and (b) delete paragraph (c) and insert: (c) complies with — (i) any requirements prescribed by the regulations; or (ii) if the poison is a voluntary assisted dying substance that is to be used or administered for the purposes of the *Voluntary Assisted Dying Act 2019*, any requirements under that Act or prescribed by the regulations to the extent they are consistent with that Act. (3) In section 7(3): (a) in paragraph (b)(i)(I) delete “a person — ” and insert: a person or for the use of, or administration to, a person under the *Voluntary Assisted Dying Act 2019* — (b) in paragraph (b)(ii) after “obtain” insert: or receive ##### 176. Section 14 amended (1) In section 14(1) delete the passage that begins with “unless” and ends with “in accordance with the regulations.” and insert: unless subsection (1A) is complied with. (2) After section 14(1) insert: (1A) This subsection is complied with — (a) in the case of the manufacture of a Schedule 4 or 8 poison, if the person who manufactures the poison does so — (i) under and in accordance with an appropriate licence or a professional authority; and (ii) in accordance with the regulations; or (b) in the case of the supply of a Schedule 4 or 8 poison (other than the supply of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*), if the person who supplies the poison does so — (i) under and in accordance with an appropriate licence or a professional authority; and (ii) in accordance with the regulations; or (c) in the case of the supply of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*, if — (i) the person who supplies the substance is authorised by that Act to supply it; and (ii) the supply is in accordance with that Act. (3) In section 14(3) delete the passage that begins with “unless — ” and ends with “in accordance with the regulations.” and insert: unless subsection (3A) is complied with. (4) After section 14(3) insert: (3A) This subsection is complied with — (a) in the case of the prescription of a Schedule 4 or 8 poison (other than the prescription of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*), if — (i) the person who prescribes the poison is a health professional who is authorised under section 25 to prescribe the poison; and (ii) the prescription is in accordance with the regulations; or (b) in the case of the prescription of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*, if — (i) the person who prescribes the substance is authorised by that Act to prescribe the substance; and (ii) the prescription is in accordance with that Act and the regulations to the extent they are consistent with that Act. (5) In section 14(4)(i) after “*1981*” insert: or the *Voluntary Assisted Dying Act 2019* ##### 177. Section 28 amended After section 28(1)(a)(ii) insert: (iia) the *Voluntary Assisted Dying Act 2019*; ##### 178. Section 83 amended After section 83(2) insert: (3) Regulations referred to in subsection (1) cannot make provision in relation to the supply or prescription, for the purposes of the *Voluntary Assisted Dying Act 2019*, of a drug of addiction that is a voluntary assisted dying substance. ##### 179. Section 115 amended In section 115(1)(a): (a) in subparagraph (iii) delete “substance,” and insert: substance; or (b) after subparagraph (iii) insert: (iv) a voluntary assisted dying substance prescribed, supplied, possessed or used for the purposes of the *Voluntary Assisted Dying Act 2019*, ### Division 6 — *Misuse of Drugs Act 1981* amended ##### 180. Act amended This Division amends the *Misuse of Drugs Act 1981*. ##### 181. Section 5C inserted At the end of Part I insert: 5C. Authorisation under *Voluntary Assisted Dying Act 2019* (1) For the purposes of this Act, a person is authorised under the *Voluntary Assisted Dying Act 2019* to prepare, sell or supply a prohibited drug if — (a) the person is authorised by section 58, 59, 63 or 67 of that Act to prepare or supply the drug; and (b) the preparation or supply is in accordance with that Act. (2) For the purposes of this Act, a person is authorised under the *Voluntary Assisted Dying Act 2019* to possess a prohibited drug if — (a) the person is authorised by section 58, 59, 63, 67, 75 or 77 of that Act to receive or possess the drug; and (b) the receipt or possession is in accordance with that Act. (3) For the purposes of this Act, a person is authorised under the *Voluntary Assisted Dying Act 2019* to use a prohibited drug if — (a) the person is authorised by section 58 or 59 of that Act to prepare, self‑administer or administer the drug; and (b) the preparation, self‑administration or administration is in accordance with that Act. ##### 182. Section 5 amended In section 5(3): (a) after paragraph (a) insert: (aa) that the preparation, sale or supply of the drug was by a person authorised under the *Voluntary Assisted Dying Act 2019* to prepare, sell or supply the drug; or (b) in paragraph (b) delete “Act or the *Medicines and Poisons Act 2014*” and insert: ##### 183. Section 6 amended (1) In section 6(3)(a) and (b) delete “Act or the *Medicines and Poisons Act 2014*” and insert: (2) In section 6(4) and (5) delete “Act or the *Medicines and Poisons Act 2014*.” and insert: Act, the *Medicines and Poisons Act 2014* or the *Voluntary Assisted Dying Act 2019*. ##### 184. Section 7 amended In section 7(3)(a) and (b) delete “Act or the *Medicines and Poisons Act 2014*” and insert: ##### 185. Section 7B amended In section 7B(7)(a) and (b)(i) delete “Act or the *Medicines and Poisons Act 2014*” and insert: ##### 186. Section 27 amended In section 27(1): (a) in paragraph (a)(ii) delete “Act or under the *Medicines and Poisons Act 2014*” and insert: (b) in paragraph (b) delete “Act or by or under the *Medicines and Poisons Act 2014*” and insert: ![]() Notes This is a compilation of the *Voluntary Assisted Dying Act 2019* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Voluntary Assisted Dying Act 2019* | 27 of 2019 | 19 Dec 2019 | Pt. 1 (other than Div. 2‑4): 19 Dec 2019 (see s. 2(a)); Act other than Pt. 1 Div. 1: 1 Jul 2021 (see s. 2(b) and SL 2021/83 cl. 2) | Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** access standard 156(1) administering practitioner 5 administering practitioner transfer form 63(3) administration 5 administration decision 5 administration decision and prescription form 60(1) ambulance officer 115(1) applied provisions 109(1) approved form 5 approved training 5 audiovisual communication 158(1) authorised disposal form 5, 76(1) authorised disposer 5, 79(4) authorised health professional 80(1) authorised official 159(1) authorised supplier 5, 79(2) authorised supply form 74(1) Board 5 business day 5 cause of death certificate 82(1) CEO 5 completed 5, 8 consultation referral form 33(1) consulting assessment 5 consulting assessment report form 5, 40(2) consulting practitioner 5 contact details 5 contact person 5 contact person appointment form 5, 66(1) coordinating practitioner 5 coordinating practitioner transfer form 157(4) decision-making capacity 5, 6(2) Department 5 designated period 48(1) disability 5 document 124(1) eligibility criteria 5 eligible applicant 83 family member 5 final request 5 final request form 50(1) final review 5 final review form 5, 51(1) first assessment 5 first assessment report form 5, 29(2) first request 5 first request form 22(1) general registration 17(1) health care worker 10(1) health facility 162(1) health service 5 ineligible witness 44(1) information 124(1) information about a proceeding 107(1) interpreter 162(1) judicial member 92(1) lifesaving treatment 115(1) limited registration 17(1) medical practitioner 5 medication chart 70(1) medicine 5 member 5 metropolitan region 5 misconduct 128(1) new practitioner 63(3) non-judicial member 92(1) nurse practitioner 5 original practitioner 63(1), 157(1) palliative care and treatment 5 party to the proceeding 83 patient 5 personal information 5 practitioner administration decision 5, 56(1) practitioner administration form 5, 61(3) practitioner disposal form 5, 78(1) prepare 5 prescribe 5 prescribed substance 5 prescription 5, 70(3) professional care services 5 protected person 115(1) provisional registration 17(1) public sector employee 92(1) publish 107(1) recipient 72(1) regional resident 5 registered health practitioner 5 request and assessment process 5 request for access to voluntary assisted dying 100(1) review application 83 reviewed decision 83 revocation form 57(3) Schedule 4 poison 69(1)