QLDIn ForceAct
Voluntary Assisted Dying Act 2021
sec.147Protection for persons assisting access to voluntary assisted dying or present when substance administered
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### sec.147 Protection for persons assisting access to voluntary assisted dying or present when substance administered
Criminal liability does not attach to a person only because—
the person, in good faith, does an act or makes an omission that assists another person who the person believes on reasonable grounds is requesting access to or accessing voluntary assisted dying in accordance with this Act; or
the person is present when another person self-administers or is administered a voluntary assisted dying substance under this Act.
To remove any doubt, it is declared that a person who does an act, or makes an omission, mentioned in subsection (1) (a) or (b) does not commit an offence against the Criminal Code , section 300 , 302 , 303 , 305 , 306 , 307 , 309 , 310 or 311 .
If a question arises in a proceeding as to whether subsection (1) (a) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) (a) does not prevent liability attaching to the person bears the onus of proving the person did not do the act or make the omission in good faith in the circumstances mentioned in subsection (1) (a) .
(sec.147-ssec.1) Criminal liability does not attach to a person only because— the person, in good faith, does an act or makes an omission that assists another person who the person believes on reasonable grounds is requesting access to or accessing voluntary assisted dying in accordance with this Act; or the person is present when another person self-administers or is administered a voluntary assisted dying substance under this Act.
(sec.147-ssec.2) To remove any doubt, it is declared that a person who does an act, or makes an omission, mentioned in subsection (1) (a) or (b) does not commit an offence against the Criminal Code , section 300 , 302 , 303 , 305 , 306 , 307 , 309 , 310 or 311 .
(sec.147-ssec.3) If a question arises in a proceeding as to whether subsection (1) (a) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) (a) does not prevent liability attaching to the person bears the onus of proving the person did not do the act or make the omission in good faith in the circumstances mentioned in subsection (1) (a) .
- (a) the person, in good faith, does an act or makes an omission that assists another person who the person believes on reasonable grounds is requesting access to or accessing voluntary assisted dying in accordance with this Act; or
- (b) the person is present when another person self-administers or is administered a voluntary assisted dying substance under this Act.