sec.105Decision of QCAT

### sec.105 Decision of QCAT In a proceeding for a review of the reviewable decision, QCAT may decide— if the application for review was about the person’s Australian residency— that at the time of making the first request, the person had been ordinarily resident in Australia for at least 3 years immediately before that time; or that at the time of making the first request, the person had not been ordinarily resident in Australia for at least 3 years immediately before that time; or if the application for review was about the person’s Queensland residency— that at the time of making the first request, the person had been ordinarily resident in Queensland for at least 12 months immediately before that time; or that at the time of making the first request, the person had not been ordinarily resident in Queensland for at least 12 months immediately before that time; or if the application for review was about the person’s decision-making capacity— that the person does have decision-making capacity in relation to voluntary assisted dying; or that the person does not have decision-making capacity in relation to voluntary assisted dying; or if the application was about whether the person is acting voluntarily and without coercion— that the person is acting voluntarily and without coercion; or that the person is not acting voluntarily and without coercion. - (a) if the application for review was about the person’s Australian residency— (i) that at the time of making the first request, the person had been ordinarily resident in Australia for at least 3 years immediately before that time; or (ii) that at the time of making the first request, the person had not been ordinarily resident in Australia for at least 3 years immediately before that time; or - (i) that at the time of making the first request, the person had been ordinarily resident in Australia for at least 3 years immediately before that time; or - (ii) that at the time of making the first request, the person had not been ordinarily resident in Australia for at least 3 years immediately before that time; or - (b) if the application for review was about the person’s Queensland residency— (i) that at the time of making the first request, the person had been ordinarily resident in Queensland for at least 12 months immediately before that time; or (ii) that at the time of making the first request, the person had not been ordinarily resident in Queensland for at least 12 months immediately before that time; or - (i) that at the time of making the first request, the person had been ordinarily resident in Queensland for at least 12 months immediately before that time; or - (ii) that at the time of making the first request, the person had not been ordinarily resident in Queensland for at least 12 months immediately before that time; or - (c) if the application for review was about the person’s decision-making capacity— (i) that the person does have decision-making capacity in relation to voluntary assisted dying; or (ii) that the person does not have decision-making capacity in relation to voluntary assisted dying; or - (i) that the person does have decision-making capacity in relation to voluntary assisted dying; or - (ii) that the person does not have decision-making capacity in relation to voluntary assisted dying; or - (d) if the application was about whether the person is acting voluntarily and without coercion— (i) that the person is acting voluntarily and without coercion; or (ii) that the person is not acting voluntarily and without coercion. - (i) that the person is acting voluntarily and without coercion; or - (ii) that the person is not acting voluntarily and without coercion. - (i) that at the time of making the first request, the person had been ordinarily resident in Australia for at least 3 years immediately before that time; or - (ii) that at the time of making the first request, the person had not been ordinarily resident in Australia for at least 3 years immediately before that time; or - (i) that at the time of making the first request, the person had been ordinarily resident in Queensland for at least 12 months immediately before that time; or - (ii) that at the time of making the first request, the person had not been ordinarily resident in Queensland for at least 12 months immediately before that time; or - (i) that the person does have decision-making capacity in relation to voluntary assisted dying; or - (ii) that the person does not have decision-making capacity in relation to voluntary assisted dying; or - (i) that the person is acting voluntarily and without coercion; or - (ii) that the person is not acting voluntarily and without coercion.