QLDIn ForceAct
Voluntary Assisted Dying Act 2021
sec.10Eligibility
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### sec.10 Eligibility
A person is eligible for access to voluntary assisted dying if—
the person has been diagnosed with a disease, illness or medical condition that—
is advanced, progressive and will cause death; and
is expected to cause death within 12 months; and
is causing suffering that the person considers to be intolerable; and
the person has decision-making capacity in relation to voluntary assisted dying; and
the person is acting voluntarily and without coercion; and
the person is at least 18 years of age; and
the person—
is an Australian citizen; or
is a permanent resident of Australia; or
has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or
has been granted an Australian residency exemption by the chief executive under section 12 ; and
the person—
has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or
has been granted a Queensland residency exemption by the chief executive under section 12 .
In this section—
permanent resident means—
the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth) , section 30 (1) ; or
a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth) , section 32 .
suffering , caused by a disease, illness or medical condition, includes—
physical or mental suffering; and
suffering caused by treatment provided for the disease, illness or medical condition.
(sec.10-ssec.1) A person is eligible for access to voluntary assisted dying if— the person has been diagnosed with a disease, illness or medical condition that— is advanced, progressive and will cause death; and is expected to cause death within 12 months; and is causing suffering that the person considers to be intolerable; and the person has decision-making capacity in relation to voluntary assisted dying; and the person is acting voluntarily and without coercion; and the person is at least 18 years of age; and the person— is an Australian citizen; or is a permanent resident of Australia; or has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or has been granted an Australian residency exemption by the chief executive under section 12 ; and the person— has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or has been granted a Queensland residency exemption by the chief executive under section 12 .
(sec.10-ssec.2) In this section— permanent resident means— the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth) , section 30 (1) ; or a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth) , section 32 . suffering , caused by a disease, illness or medical condition, includes— physical or mental suffering; and suffering caused by treatment provided for the disease, illness or medical condition.
- (a) the person has been diagnosed with a disease, illness or medical condition that— (i) is advanced, progressive and will cause death; and (ii) is expected to cause death within 12 months; and (iii) is causing suffering that the person considers to be intolerable; and
- (i) is advanced, progressive and will cause death; and
- (ii) is expected to cause death within 12 months; and
- (iii) is causing suffering that the person considers to be intolerable; and
- (b) the person has decision-making capacity in relation to voluntary assisted dying; and
- (c) the person is acting voluntarily and without coercion; and
- (d) the person is at least 18 years of age; and
- (e) the person— (i) is an Australian citizen; or (ii) is a permanent resident of Australia; or (iii) has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or (iv) has been granted an Australian residency exemption by the chief executive under section 12 ; and
- (i) is an Australian citizen; or
- (ii) is a permanent resident of Australia; or
- (iii) has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or
- (iv) has been granted an Australian residency exemption by the chief executive under section 12 ; and
- (f) the person— (i) has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or (ii) has been granted a Queensland residency exemption by the chief executive under section 12 .
- (i) has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or
- (ii) has been granted a Queensland residency exemption by the chief executive under section 12 .
- (i) is advanced, progressive and will cause death; and
- (ii) is expected to cause death within 12 months; and
- (iii) is causing suffering that the person considers to be intolerable; and
- (i) is an Australian citizen; or
- (ii) is a permanent resident of Australia; or
- (iii) has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or
- (iv) has been granted an Australian residency exemption by the chief executive under section 12 ; and
- (i) has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or
- (ii) has been granted a Queensland residency exemption by the chief executive under section 12 .
- (a) the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth) , section 30 (1) ; or
- (b) a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth) , section 32 .
- (a) physical or mental suffering; and
- (b) suffering caused by treatment provided for the disease, illness or medical condition.