QLDIn ForceAct
Voluntary Assisted Dying Act 2021
sec.26Medical practitioner to accept or refuse referral for consulting assessment
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### sec.26 Medical practitioner to accept or refuse referral for consulting assessment
This section applies if a person is referred to a medical practitioner for a consulting assessment under section 25 , 36 or 47 .
The medical practitioner must refuse the referral if the practitioner is not eligible to act as a consulting practitioner.
The medical practitioner may refuse the referral if the practitioner—
has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a consulting practitioner; or
is unavailable or otherwise unable to perform the duties of a consulting practitioner.
The medical practitioner must, within the times mentioned in subsection (5) —
decide whether to accept or refuse the referral; and
inform the person and the coordinating practitioner for the person of the decision and, for a decision to refuse the referral, the reason for the decision.
For subsection (4) the following times apply—
if the medical practitioner has a conscientious objection to voluntary assisted dying—immediately after the referral is made;
in any other case—within 2 business days after the referral is made.
(sec.26-ssec.1) This section applies if a person is referred to a medical practitioner for a consulting assessment under section 25 , 36 or 47 .
(sec.26-ssec.2) The medical practitioner must refuse the referral if the practitioner is not eligible to act as a consulting practitioner.
(sec.26-ssec.3) The medical practitioner may refuse the referral if the practitioner— has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a consulting practitioner; or is unavailable or otherwise unable to perform the duties of a consulting practitioner.
(sec.26-ssec.4) The medical practitioner must, within the times mentioned in subsection (5) — decide whether to accept or refuse the referral; and inform the person and the coordinating practitioner for the person of the decision and, for a decision to refuse the referral, the reason for the decision.
(sec.26-ssec.5) For subsection (4) the following times apply— if the medical practitioner has a conscientious objection to voluntary assisted dying—immediately after the referral is made; in any other case—within 2 business days after the referral is made.
- (a) has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a consulting practitioner; or
- (b) is unavailable or otherwise unable to perform the duties of a consulting practitioner.
- (a) decide whether to accept or refuse the referral; and
- (b) inform the person and the coordinating practitioner for the person of the decision and, for a decision to refuse the referral, the reason for the decision.
- (a) if the medical practitioner has a conscientious objection to voluntary assisted dying—immediately after the referral is made;
- (b) in any other case—within 2 business days after the referral is made.