QLDIn ForceAct
Voluntary Assisted Dying Act 2021
sec.149Protection for health practitioners and ambulance officers
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### sec.149 Protection for health practitioners and ambulance officers
This section applies if a protected person, in good faith, does not administer life sustaining treatment to another person in circumstances where—
the other person has not requested the administration of life sustaining treatment; and
the protected person believes on reasonable grounds that the other person is dying after self-administering or being administered a voluntary assisted dying substance in accordance with this Act.
No civil or criminal liability attaches to the protected person for not administering the life sustaining treatment.
To remove any doubt, it is declared that a person who does an act, or makes an omission, mentioned in subsection (1) 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) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) 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) .
In this section—
ambulance officer see the Ambulance Service Act 1991 , schedule 1 .
protected person means—
a registered health practitioner; or
a student under the Health Practitioner Regulation National Law (Queensland) ; or
an ambulance officer.
(sec.149-ssec.1) This section applies if a protected person, in good faith, does not administer life sustaining treatment to another person in circumstances where— the other person has not requested the administration of life sustaining treatment; and the protected person believes on reasonable grounds that the other person is dying after self-administering or being administered a voluntary assisted dying substance in accordance with this Act.
(sec.149-ssec.2) No civil or criminal liability attaches to the protected person for not administering the life sustaining treatment.
(sec.149-ssec.3) To remove any doubt, it is declared that a person who does an act, or makes an omission, mentioned in subsection (1) does not commit an offence against the Criminal Code , section 300 , 302 , 303 , 305 , 306 , 307 , 309 , 310 or 311 .
(sec.149-ssec.4) If a question arises in a proceeding as to whether subsection (1) prevents liability for an act or omission attaching to a person, the party alleging that subsection (1) 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) .
(sec.149-ssec.5) In this section— ambulance officer see the Ambulance Service Act 1991 , schedule 1 . protected person means— a registered health practitioner; or a student under the Health Practitioner Regulation National Law (Queensland) ; or an ambulance officer.
- (a) the other person has not requested the administration of life sustaining treatment; and
- (b) the protected person believes on reasonable grounds that the other person is dying after self-administering or being administered a voluntary assisted dying substance in accordance with this Act.
- (a) a registered health practitioner; or
- (b) a student under the Health Practitioner Regulation National Law (Queensland) ; or
- (c) an ambulance officer.