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Voluntary Assisted Dying Act 2021
sec.37Person assessed as eligible may make second request
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### sec.37 Person assessed as eligible may make second request
This section applies if a person has made a first request and has been assessed as meeting the requirements of a first assessment under division 2 and a consulting assessment under division 3 .
The person may make another request in writing (the second request ) for access to voluntary assisted dying.
The second request must be in the approved form and given to the coordinating practitioner for the person.
The second request must—
specify that the person—
makes it voluntarily and without coercion; and
understands its nature and effect; and
be signed by the person, or a person mentioned in subsection (5) , in the presence of 2 eligible witnesses.
A person may sign the second request on behalf of the person making the request if—
the person making the request is unable to sign the request; and
the person making the request directs the person to sign the request; and
the person signing the request—
is at least 18 years of age; and
is not a witness to the signing of the request; and
is not the coordinating practitioner or consulting practitioner for the person making the request.
A person who signs the second request on behalf of the person making the request must do so in the presence of the person making the request.
If the person makes the second request with the assistance of an interpreter, the interpreter must certify on the request that the interpreter provided a true and correct translation of any material translated.
(sec.37-ssec.1) This section applies if a person has made a first request and has been assessed as meeting the requirements of a first assessment under division 2 and a consulting assessment under division 3 .
(sec.37-ssec.2) The person may make another request in writing (the second request ) for access to voluntary assisted dying.
(sec.37-ssec.3) The second request must be in the approved form and given to the coordinating practitioner for the person.
(sec.37-ssec.4) The second request must— specify that the person— makes it voluntarily and without coercion; and understands its nature and effect; and be signed by the person, or a person mentioned in subsection (5) , in the presence of 2 eligible witnesses.
(sec.37-ssec.5) A person may sign the second request on behalf of the person making the request if— the person making the request is unable to sign the request; and the person making the request directs the person to sign the request; and the person signing the request— is at least 18 years of age; and is not a witness to the signing of the request; and is not the coordinating practitioner or consulting practitioner for the person making the request.
(sec.37-ssec.6) A person who signs the second request on behalf of the person making the request must do so in the presence of the person making the request.
(sec.37-ssec.7) If the person makes the second request with the assistance of an interpreter, the interpreter must certify on the request that the interpreter provided a true and correct translation of any material translated.
- (a) specify that the person— (i) makes it voluntarily and without coercion; and (ii) understands its nature and effect; and
- (i) makes it voluntarily and without coercion; and
- (ii) understands its nature and effect; and
- (b) be signed by the person, or a person mentioned in subsection (5) , in the presence of 2 eligible witnesses.
- (i) makes it voluntarily and without coercion; and
- (ii) understands its nature and effect; and
- (a) the person making the request is unable to sign the request; and
- (b) the person making the request directs the person to sign the request; and
- (c) the person signing the request— (i) is at least 18 years of age; and (ii) is not a witness to the signing of the request; and (iii) is not the coordinating practitioner or consulting practitioner for the person making the request.
- (i) is at least 18 years of age; and
- (ii) is not a witness to the signing of the request; and
- (iii) is not the coordinating practitioner or consulting practitioner for the person making the request.
- (i) is at least 18 years of age; and
- (ii) is not a witness to the signing of the request; and
- (iii) is not the coordinating practitioner or consulting practitioner for the person making the request.