Part 1 Preliminary

Part 1 Preliminary

Division 1 Preliminary

Division 1 Preliminary

1 Name of Act

1 Name of Act

This Act is the Voluntary Assisted Dying Act 2022.

2 Commencement

2 Commencement

This Act commences on the day that is 18 months after the date of assent to this Act.

3 Act to bind Crown

3 Act to bind Crown

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

Division 2 Principles

Division 2 Principles

4 Principles

4 Principles

(1) A person exercising a power or performing a function under this Act must have regard to the following principles—

(a) every human life has equal value,

(b) a person’s autonomy, including autonomy in relation to end of life choices, should be respected,

(c) a person has the right to be supported in making informed decisions about the person’s medical treatment and should be given, in a way the person understands, information about medical treatment options, including comfort and palliative care and treatment,

(d) a person approaching the end of life should be provided with high quality care and treatment, including palliative care and treatment, to minimise the person’s suffering and maximise the person’s quality of life,

(e) a therapeutic relationship between a person and the person’s health practitioner should, wherever possible, be supported and maintained,

(f) a person should be encouraged to openly discuss death and dying, and the person’s preferences and values regarding the person’s care, treatment and end of life should be encouraged and promoted,

(g) a person should be supported in conversations with the person’s health practitioners, family, carers and community about care and treatment preferences,

(h) a person is entitled to genuine choices about the person’s care, treatment and end of life, irrespective of where the person lives in New South Wales and having regard to the person’s culture and language,

(i) a person who is a regional resident is entitled to the same level of access to voluntary assisted dying and high quality care and treatment, including palliative care and treatment, as a person who lives in a metropolitan region,

(j) there is a need to protect persons who may be subject to pressure or duress,

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(k) all persons, including health practitioners, have the right to be shown respect for their culture, religion, beliefs, values and personal characteristics.

(2) In subsection (1), the reference to a person exercising a function under this Act includes the Supreme Court exercising its jurisdiction in relation to a decision made under this Act.

Division 3 Interpretation

Division 3 Interpretation

5 Definitions

5 Definitions

The Dictionary in Schedule 1 defines words and expressions used in this Act.

Note—

The Interpretation Act 1987 also contains definitions and other provisions that affect the interpretation and application of this Act.

6 Decision-making capacity

6 Decision-making capacity

(1) For the purposes of this Act, a patient has decision-making capacity in relation to voluntary assisted dying if the patient has the capacity to—

(a) understand information or advice about a voluntary assisted dying decision required under this Act to be provided to the patient, and

(b) remember the information or advice referred to in paragraph (a) to the extent necessary to make a voluntary assisted dying decision, and

(c) understand the matters involved in a voluntary assisted dying decision, and

(d) understand the effect of a voluntary assisted dying decision, and

(e) weigh up the factors referred to in paragraphs (a), (c) and (d) for the purposes of making a voluntary assisted dying decision, and

(f) communicate a voluntary assisted dying decision in some way.

(2) For the purposes of this Act, a patient is—

(a) presumed to have the capacity to understand information or advice about voluntary assisted dying if it reasonably appears the patient is able to understand an explanation of the consequences of making the decision, and

(b) presumed to have decision-making capacity in relation to voluntary assisted dying unless the patient is shown not to have the capacity.

(3) In this section—

voluntary assisted dying decision means—

(a) a request for access to voluntary assisted dying, or

(b) a decision to access voluntary assisted dying.

7 Voluntary assisted dying substance

7 Voluntary assisted dying substance

(1) The Health Secretary may, in writing, approve a Schedule 4 poison or Schedule 8 poison for use under this Act for the purpose of causing a patient’s death.

(2) A poison approved under subsection (1) is a voluntary assisted dying substance.

(3) The Health Secretary must keep a list of voluntary assisted dying substances.

8 When request and assessment process completed

8 When request and assessment process completed

For the purposes of this Act, the request and assessment process has been completed in relation to a patient if the patient’s coordinating practitioner—

(a) has completed the final review form in relation to the patient, and

(b) has certified in the final review form that the request and assessment process has been completed in accordance with this Act.

Division 4 Other provisions

Division 4 Other provisions

9 Registered health practitioner may refuse to participate in voluntary assisted dying

9 Registered health practitioner may refuse to participate in voluntary assisted dying

(1) A registered health practitioner who has a conscientious objection to voluntary assisted dying has the right to refuse to do any of the following—

(a) participate in the request and assessment process,

(b) prescribe, supply or administer a voluntary assisted dying substance,

(c) be present at the time of the administration of a voluntary assisted dying substance.

(2) Subsection (1) does not limit the circumstances in which a registered health practitioner may refuse to do any of the things referred to in the subsection.

10 Health care worker not to initiate discussion about voluntary assisted dying

10 Health care worker not to initiate discussion about voluntary assisted dying

(1) A health care worker who provides health services or professional care services to a person must not, while providing the services to the person—

(a) initiate a discussion with the person that is in substance about voluntary assisted dying, or

(b) in substance, suggest voluntary assisted dying to the person.

Note—

A contravention of this Act is capable of constituting unsatisfactory professional conduct or professional misconduct for the purposes of the Health Practitioner Regulation National Law, whether or not the contravention constitutes an offence.

(2) Subsection (1) does not apply to a medical practitioner who initiates a discussion or makes a suggestion referred to in subsection (1)(a) or (b) if, at the time the discussion is initiated or the suggestion is made, the medical practitioner also informs the person about the following—

(a) the treatment options available to the person that would be considered standard care for the disease, illness or medical condition with which the person has been diagnosed,

(b) the likely outcomes of the treatment options available to the person,

(c) the palliative care and treatment options available to the person,

(d) the likely outcomes of the palliative care and treatment options.

(3) Also, subsection (1) does not apply to a health care worker, other than a medical practitioner, who initiates a discussion or makes a suggestion referred to in subsection (1)(a) or (b) if, at the time the discussion is initiated or the suggestion is made, the health care worker also informs the person that the person—

(a) has palliative care and treatment options available, and

(b) should discuss the palliative care and treatment options with the person’s medical practitioner.

(4) To avoid doubt, subsection (1) does not apply to a health care worker who provides information about voluntary assisted dying to a person at the person’s request.

(5) In this section—

health care worker means—

(a) a registered health practitioner, or

(b) another person who provides health services or professional care services.

11 Contravention of Act by registered health practitioner

11 Contravention of Act by registered health practitioner

(1) A contravention of a provision of this Act by a registered health practitioner is capable of constituting unsatisfactory professional conduct or professional misconduct for the purposes of the Health Practitioner Regulation National Law.

(2) Subsection (1) applies whether or not the contravention constitutes an offence under this Act.

12 Voluntary assisted dying not suicide

12 Voluntary assisted dying not suicide

(1) For the purposes of the law of the State, a person who dies as the result of the administration of a prescribed substance in accordance with this Act does not die by suicide.

(2) Voluntary assisted dying action does not—

(a) constitute an attempt by the person to cause serious physical harm to the person for the purposes of the Mental Health Act 2007, section 22, or

(b) otherwise provide a ground for a police officer to take action under that section.

(3) In this section—

voluntary assisted dying action means any of the following done in accordance with this Act—

(a) a request for access to voluntary assisted dying,

(b) a self-administration decision or a practitioner administration decision,

(c) self-administration by a person of a prescribed substance,

(d) asking an administering practitioner to administer a prescribed substance.

13 Inherent jurisdiction of Supreme Court not affected

13 Inherent jurisdiction of Supreme Court not affected

Nothing in this Act affects the inherent jurisdiction of the Supreme Court.

14 Relationship with Poisons and Therapeutic Goods Act 1966 and Drug Misuse and Trafficking Act 1985

14 Relationship with Poisons and Therapeutic Goods Act 1966 and Drug Misuse and Trafficking Act 1985

If there is an inconsistency between a provision of this Act and a provision of the Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking Act 1985, the provision of this Act prevails to the extent of the conflict or inconsistency.

Part 2 Requirements for access to voluntary assisted dying

Part 2 Requirements for access to voluntary assisted dying

15 When person may access voluntary assisted dying

15 When person may access voluntary assisted dying

A person may access voluntary assisted dying if—

(a) the person has made a first request, and

(b) the person has been assessed as eligible for access to voluntary assisted dying by—

(i) the person’s coordinating practitioner, and

(ii) the person’s consulting practitioner, and

(c) the person has made a written declaration, and

(d) the person has made a final request to the person’s coordinating practitioner, and

(e) the person’s coordinating practitioner has certified in a final review form that—

(i) the request and assessment process has been completed in accordance with this Act, and

(ii) the practitioner is satisfied of each of the matters referred to in section 52(3)(f), and

(f) the person has made an administration decision, and

(g) if the person has made a self-administration decision—the person has appointed a contact person, and

(h) a voluntary assisted dying substance authority has been issued by the Board in relation to the person.

16 Eligibility criteria

16 Eligibility criteria

(1) The following criteria must be met for a person to be eligible for access to voluntary assisted dying—

(a) the person is an adult,

(b) the person—

(i) is an Australian citizen, or

(ii) is a permanent resident of Australia, or

(iii) at the time of making a first request, has been resident in Australia for at least 3 continuous years,

(c) at the time of making a first request, the person has been ordinarily resident in New South Wales for a period of at least 12 months,

(d) the person is diagnosed with at least 1 disease, illness or medical condition that—

(i) is advanced, progressive and will cause death, and

(ii) will, on the balance of probabilities, cause death—

(A) for a disease, illness or medical condition that is neurodegenerative—within a period of 12 months, or

Note—

See subsection (2)(b) which provides that a person is not eligible for access to voluntary assisted dying merely because the person has dementia.

(B) otherwise—within a period of 6 months, and

(iii) is causing suffering to the person that cannot be relieved in a way the person considers tolerable,

(e) the person has decision-making capacity in relation to voluntary assisted dying,

(f) the person is acting voluntarily,

(g) the person is not acting because of pressure or duress,

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(h) the person’s request for access to voluntary assisted dying is enduring.

(2) A person is not eligible for access to voluntary assisted dying merely because the person has—

(a) a disability, or

(b) dementia, or

(c) a mental health impairment within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

(3) To avoid doubt, if a person permanently loses decision-making capacity in relation to voluntary assisted dying at any time during the request and assessment process the person ceases to be eligible for access to voluntary assisted dying under subsection (1)(e).

(4) For subsection (3)—

permanently, for a loss of decision-making capacity in relation to voluntary assisted dying by a person, means the person has lost the capacity to make decisions in relation to voluntary assisted dying forever.

17 Residency exemptions

17 Residency exemptions

(1) A person may apply to the Board for an exemption from the requirement in section 16(1)(c).

(2) The Board must grant the exemption if satisfied—

(a) the person has a substantial connection to New South Wales, and

Examples—

(b) there are compassionate grounds for granting the exemption.

Part 3 Requesting access to voluntary assisted dying and assessment of eligibility

Part 3 Requesting access to voluntary assisted dying and assessment of eligibility

18 Eligibility to act as coordinating practitioner or consulting practitioner

18 Eligibility to act as coordinating practitioner or consulting practitioner

A medical practitioner is eligible to act as a coordinating practitioner or consulting practitioner for a patient if—

(a) the medical practitioner—

(i) holds specialist registration, or

(ii) holds general registration and has practised the medical profession for at least 10 years as the holder of general registration, and

(b) the medical practitioner has completed the approved training, and

(c) the medical practitioner meets other requirements prescribed by the regulations for the purposes of this section, and

(d) the medical practitioner is not a family member of the patient, and

(e) the medical practitioner does not know or believe that the practitioner—

(i) is a beneficiary under a will of the patient, or

(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services as the coordinating practitioner or consulting practitioner for the patient.

19 Person may make first request to medical practitioner

19 Person may make first request to medical practitioner

(1) A person may make a request to a medical practitioner for access to voluntary assisted dying.

(2) The request must be—

(a) clear and unambiguous, and

(b) made during a medical consultation, and

(c) made in person or, if that is not practicable, in accordance with section 176(1)(a).

(3) The person may make the request—

(a) verbally, or

(b) in another way.

Example for paragraph (b)—

by use of gestures

(4) The person may make the request with the assistance of an interpreter.

20 No obligation to continue after making first request

20 No obligation to continue after making first request

(1) A person who makes a first request may decide at any time not to continue the request and assessment process.

(2) The request and assessment process ends if the person decides not to continue the process.

(3) If the request and assessment process ends under subsection (2), the person may begin a new request and assessment process by making a new first request.

21 Medical practitioner to accept or refuse first request

21 Medical practitioner to accept or refuse first request

(1) If a first request is made to a medical practitioner, the practitioner must decide to—

(a) accept the request, or

(b) refuse the request.

(2) The only reasons for which the medical practitioner may decide to refuse the first request are that—

(a) the practitioner has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a coordinating practitioner, or

(b) the practitioner is unable to perform the duties of a coordinating practitioner because of unavailability or another reason, or

(c) the practitioner is required to refuse the request under subsection (3).

(3) The medical practitioner must immediately decide to refuse the first request if the practitioner is not eligible to act as a coordinating practitioner at the time the first request is made.

(4) Unless subsection (5) applies, the medical practitioner must, within 2 business days after the first request is made—

(a) inform the patient that the practitioner has decided to accept or refuse the request, and

(b) give the patient the information approved by the Health Secretary, by Gazette notice, for the purposes of this section.

(5) If the medical practitioner decides to refuse the first request because the practitioner has a conscientious objection to voluntary assisted dying, the practitioner must, immediately after the first request is made, inform the patient the practitioner has decided to refuse the request.

22 Medical practitioner to record first request and acceptance or refusal

22 Medical practitioner to record first request and acceptance or refusal

The medical practitioner must record the following in the patient’s medical record—

(a) the first request,

(b) the practitioner’s decision to accept or refuse the first request,

Note—

See section 21(2), which provides the only reasons for which a medical practitioner may refuse a first request.

(c) if the practitioner’s decision is to refuse the first request—the reason for the refusal,

(d) whether the practitioner has given the patient the information referred to in section 21(4)(b) and (5).

23 Medical practitioner to notify Board of first request

23 Medical practitioner to notify Board of first request

(1) Within 5 business days after deciding to accept or refuse the first request, the medical practitioner must—

(a) complete the approved form (the first request form), and

(b) give a copy of the first request form to the Board.

(2) The first request form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the medical practitioner’s name and contact details,

(c) the date the first request was made,

(d) whether the first request was made in person or using audiovisual communication,

(e) whether the first request was made verbally or in another way,

(f) if the patient was assisted by an interpreter to make the first request—the interpreter’s name, contact details and accreditation details,

(g) the medical practitioner’s decision to accept or refuse the first request,

(h) if the medical practitioner’s decision is to refuse the first request—the reason for the refusal,

(i) the date the medical practitioner informed the patient of the practitioner’s decision and gave the patient the information referred to in section 21(4)(b) or (5),

(j) the medical practitioner’s signature and the date the form was signed.

24 Medical practitioner becomes coordinating practitioner if first request accepted

24 Medical practitioner becomes coordinating practitioner if first request accepted

If the medical practitioner accepts the first request, the practitioner becomes the coordinating practitioner for the patient.

25 First assessment

25 First assessment

(1) The coordinating practitioner for a patient must assess whether the patient is eligible for access to voluntary assisted dying.

(2) For the purposes of subsection (1), the coordinating practitioner must make a decision in relation to each of the eligibility criteria.

(3) Nothing in this section prevents the coordinating practitioner from having regard to relevant information about the patient that has been prepared by, or at the instigation of, another registered health practitioner.

26 Referral to another medical practitioner for opinion—disease, illness or medical condition

26 Referral to another medical practitioner for opinion—disease, illness or medical condition

(1) This section applies if the coordinating practitioner is unable to decide whether the patient has a disease, illness or medical condition that meets the requirements of section 16(1)(d).

(2) The coordinating practitioner must refer the patient to a medical practitioner who has appropriate skills and training to make a decision about the matter.

Note—

See section 181(2)(a) about guidelines that apply to the referral.

(3) The medical practitioner must—

(a) decide whether the patient has a disease, illness or medical condition that—

(i) is advanced, progressive and will cause death, and

(ii) will, on the balance of probabilities, cause death—

(A) for a disease, illness or medical condition that is neurodegenerative—within a period of 12 months, or

(B) otherwise—within a period of 6 months, and

(iii) is causing suffering to the person that cannot be relieved in a way the person considers tolerable, and

(b) provide a clinical report to the coordinating practitioner that sets out the medical practitioner’s decision.

(4) If the coordinating practitioner makes a referral under this section, the coordinating practitioner may adopt the decision of the medical practitioner about the matter in relation to which the referral was made.

(5) A medical practitioner to whom the patient is referred under this section must not be—

(a) a family member of the patient, or

(b) a person who knows or believes that they—

(i) are a beneficiary under a will of the patient, or

(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.

27 Referral for opinion—other matters

27 Referral for opinion—other matters

(1) This section applies if the coordinating practitioner is unable to decide whether—

(a) as required by section 16(1)(e), the patient has decision-making capacity in relation to voluntary assisted dying, or

Example—

due to a past or current mental illness of the patient

(b) as required by section 16(1)(f), the patient is acting voluntarily, or

(c) as required by section 16(1)(g), the patient is not acting because of pressure or duress.

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(2) The coordinating practitioner must refer the patient to—

(a) if the coordinating practitioner is unable to decide whether the patient has decision-making capacity in relation to voluntary assisted dying—a psychiatrist or another registered health practitioner who has appropriate skills and training to make a decision about the matter, or

(b) if the coordinating practitioner is unable to decide whether the patient is or is not acting voluntarily or whether the patient is or is not acting because of pressure or duress—a psychiatrist or another registered health practitioner or person who has appropriate skills and training to make a decision about the matter.

Note—

See section 181(2)(b) about guidelines that apply to the referral.

(3) If the coordinating practitioner makes a referral under this section, the coordinating practitioner may adopt the decision of the psychiatrist, other registered health practitioner or other person about the matter in relation to which the referral was made.

(4) A psychiatrist, registered health practitioner or other person to whom the patient is referred under this section must not be—

(a) a family member of the patient, or

(b) a person who knows or believes that they—

(i) are a beneficiary under a will of the patient, or

(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.

28 Information to be provided if patient assessed as meeting eligibility criteria

28 Information to be provided if patient assessed as meeting eligibility criteria

(1) If the coordinating practitioner is satisfied the patient meets all of the eligibility criteria, the coordinating practitioner must inform the patient about the following matters—

(a) the patient’s diagnosis and prognosis,

(b) the treatment options available to the patient that would be considered standard care for the disease, illness or medical condition with which the patient has been diagnosed and the likely outcomes of treatment,

(c) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,

(d) the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing the patient’s death,

(e) that the expected outcome of self-administering or being administered a substance referred to in paragraph (d) is death,

(f) the method by which a substance referred to in paragraph (d) is likely to be self-administered or administered,

(g) the request and assessment process, including the requirement for a written declaration signed by the patient, or a person on the patient’s behalf, in the presence of 2 witnesses,

(h) that if the patient makes a self-administration decision, the patient must appoint a contact person,

(i) that the patient may decide at any time not to continue the request and assessment process or not to access voluntary assisted dying,

(j) it is unlawful for a person to apply pressure or duress on the patient to request voluntary assisted dying or to continue the request and assessment process,

Note—

See the Crimes Act 1900, section 41C for the relevant offence

(k) that if the patient is receiving ongoing health services from a medical practitioner (the treating practitioner) other than the coordinating practitioner—

(i) the patient is encouraged to inform the treating practitioner about the patient’s request for access to voluntary assisted dying, and

(ii) it is unlawful for the treating practitioner to withdraw other services the practitioner would usually provide to the patient or the patient’s family and other close contacts because of the patient’s request for access to voluntary assisted dying, and

(iii) if the treating practitioner withdraws services mentioned in subparagraph (ii)—the matter should be the subject of a complaint to the Health Care Complaints Commission under the Health Care Complaints Act 1993,

(l) that if the patient is a resident of a residential facility, whether permanently or not, the patient should inform the residential facility manager about the patient’s request for access to voluntary assisted dying.

(2) For the purposes of subsection (1)(d), if the access standard includes information about the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing the patient’s death, the information must be given in accordance with the access standard.

Note—

See section 174(3), which provides that the access standard may include information about the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing a patient’s death.

(3) The withdrawal of services by a medical practitioner in circumstances mentioned in subsection (1)(k)(ii) may be unsatisfactory professional conduct for the purposes of the Health Practitioner Regulation National Law.

(4) In addition to informing the patient about the matters referred to in subsection (1), the coordinating practitioner must take all reasonable steps to fully explain to the patient and, if the patient consents, another person nominated by the patient—

(a) all relevant clinical guidelines, and

(b) a plan in relation to the administration of a voluntary assisted dying substance.

(5) Nothing in this section affects a duty a medical practitioner has—

(a) at common law, or

(b) under another Act or other law.

29 Outcome of first assessment

29 Outcome of first assessment

(1) The coordinating practitioner must assess the patient as eligible for access to voluntary assisted dying if the coordinating practitioner is satisfied—

(a) the patient meets all of the eligibility criteria, and

(b) the patient understands the information required to be provided under section 28(1).

(2) If the coordinating practitioner is not satisfied about a matter in subsection (1)—

(a) the coordinating practitioner must assess the patient as ineligible for access to voluntary assisted dying, and

(b) the request and assessment process ends.

Note—

See sections 26 and 27, which provide that the coordinating practitioner may, in certain circumstances, refer a patient to another registered health practitioner or another person if the coordinating practitioner is unable to make a decision about eligibility for access to voluntary assisted dying.

30 Recording and notification of outcome of first assessment

30 Recording and notification of outcome of first assessment

(1) The coordinating practitioner must inform the patient of the outcome of the first assessment as soon as practicable after its completion.

(2) Within 5 business days after completing the first assessment, the coordinating practitioner must—

(a) complete the approved form (the first assessment report form), and

(b) give a copy of the first assessment report form to the Board.

Maximum penalty—100 penalty units.

(3) As soon as practicable after completing the first assessment report form, the coordinating practitioner must give a copy of the form to the patient.

(4) The first assessment report form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the following information about the patient—

(i) gender,

(ii) nationality,

(iii) ethnicity,

(iv) whether the patient has a disability and, if so, details of the disability,

(v) whether the patient’s first language is a language other than English,

(vi) whether the coordinating practitioner engaged an interpreter in accordance with section 176(2) to communicate the information in section 28(1) and (4) to the patient,

(c) the coordinating practitioner’s name and contact details,

(d) a statement confirming the coordinating practitioner meets the requirements of section 18,

(e) the date the first request was made,

(f) the date the first assessment was completed,

(g) the outcome of the first assessment, including the coordinating practitioner’s decision about each of the eligibility criteria,

(h) the date the patient was informed of the outcome of the first assessment,

(i) if the patient was referred under section 26(2) or 27(2)—the outcome of the referral, including a copy of a report given by the registered health practitioner or other person to whom the patient was referred,

(j) if the patient was assisted by an interpreter when having the first assessment—the interpreter’s name, contact details and accreditation details,

(k) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,

(l) a statement confirming the patient has been advised of the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,

(m) a statement confirming the patient has been advised it is unlawful for a person to apply pressure or duress on the patient to request voluntary assisted dying or to continue the request and assessment process,

Note—

See the Crimes Act 1900, section 41C for the relevant offence

(n) a statement confirming the coordinating practitioner has asked the patient whether the patient has experienced pressure or duress to request access to voluntary assisted dying from a person who is a beneficiary under the patient’s will or may otherwise benefit financially or in another material way from the patient’s death,

(o) a statement confirming the coordinating practitioner has acted in accordance with guidelines under section 181 in relation to the following matters—

(i) deciding whether to refer the patient to a specialist under section 26,

(ii) deciding whether to refer the patient to a psychiatrist, another registered health practitioner or another person under section 27,

(p) a statement confirming the coordinating practitioner has acted in accordance with guidelines under section 181 in determining whether the patient has experienced pressure or duress to request access to voluntary assisted dying,

(q) the coordinating practitioner’s signature and the date the form was signed.

31 Referral for consulting assessment if patient assessed as eligible

31 Referral for consulting assessment if patient assessed as eligible

If the coordinating practitioner assesses the patient as eligible for access to voluntary assisted dying, the practitioner must refer the patient to another medical practitioner for a consulting assessment.

32 Medical practitioner to accept or refuse referral for consulting assessment

32 Medical practitioner to accept or refuse referral for consulting assessment

(1) If a patient is referred to a medical practitioner for a consulting assessment under section 31, 42 or 175(6)(a), the practitioner must decide to accept or refuse the referral.

(2) The reasons for which the medical practitioner may decide to refuse the referral are that—

(a) the practitioner has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a consulting practitioner, or

(b) the practitioner is unable to perform the duties of a consulting practitioner because of unavailability or some other reason, or

(c) the practitioner is required to refuse the referral under subsection (3).

(3) The medical practitioner must decide to refuse the referral if the practitioner is not eligible to act as a consulting practitioner.

(4) Unless subsection (5) applies, the medical practitioner must, within 2 business days after receiving the referral, inform the patient and the patient’s coordinating practitioner that the practitioner has decided to—

(a) accept the referral, or

(b) refuse the referral.

(5) If the medical practitioner decides to refuse the referral because the practitioner has a conscientious objection to voluntary assisted dying, the practitioner must, immediately after receiving the referral, inform the patient and the patient’s coordinating practitioner that the practitioner has decided to refuse the referral.

33 Medical practitioner to record referral and acceptance or refusal

33 Medical practitioner to record referral and acceptance or refusal

The medical practitioner must record the following in the patient’s medical record—

(a) the referral,

(b) the practitioner’s decision to accept or refuse the referral,

(c) if the practitioner’s decision is to refuse the referral—the reason for the refusal.

34 Medical practitioner to notify Board of referral

34 Medical practitioner to notify Board of referral

(1) Within 5 business days after deciding to accept or refuse the referral, the medical practitioner must—

(a) complete the approved form (the consultation referral form), and

(b) give a copy of the consultation referral form to the Board.

Maximum penalty—100 penalty units.

(2) The consultation referral form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the medical practitioner’s name and contact details,

(c) the date the referral was received,

(d) the medical practitioner’s decision to accept or refuse the referral,

(e) if the medical practitioner’s decision is to refuse the referral—the reason for the refusal,

(f) the date the medical practitioner informed the patient and the patient’s coordinating practitioner of the medical practitioner’s decision,

(g) the medical practitioner’s signature and the date the form was signed.

35 Medical practitioner becomes consulting practitioner if referral accepted

35 Medical practitioner becomes consulting practitioner if referral accepted

If the medical practitioner accepts the referral, the practitioner becomes the consulting practitioner for the patient.

36 Consulting assessment

36 Consulting assessment

(1) The consulting practitioner for a patient must assess whether the patient is eligible for access to voluntary assisted dying.

(2) For the purposes of subsection (1), the consulting practitioner must—

(a) make a decision about each of the eligibility criteria, and

(b) independently of the coordinating practitioner, form the practitioner’s own opinions on the matters to be decided.

(3) Nothing in this section prevents the consulting practitioner having regard to relevant information about the patient that has been prepared by, or at the instigation of, another registered health practitioner.

37 Referral to another medical practitioner for opinion—disease, illness or medical condition

37 Referral to another medical practitioner for opinion—disease, illness or medical condition

(1) This section applies if the consulting practitioner is unable to decide whether the patient has a disease, illness or medical condition that meets the requirements of section 16(1)(d).

(2) The consulting practitioner must refer the patient to a medical practitioner who has appropriate skills and training to make a decision about the matter.

Note—

See section 181(2)(a) about guidelines that apply to the referral.

(3) The medical practitioner must—

(a) decide whether the patient has a disease, illness or medical condition that—

(i) is advanced, progressive and will cause death, and

(ii) will, on the balance of probabilities, cause death—

(A) for a disease, illness or medical condition that is neurodegenerative—within a period of 12 months, or

(B) otherwise—within a period of 6 months, and

(iii) is causing suffering to the person that cannot be relieved in a way the person considers tolerable, and

(b) provide a clinical report to the consulting practitioner that sets out the medical practitioner’s decision.

(4) If the consulting practitioner makes a referral under this section, the consulting practitioner may adopt the decision of the medical practitioner about the matter in relation to which the referral was made.

(5) A medical practitioner to whom the patient is referred under this section must not be—

(a) a family member of the patient, or

(b) a person who knows or believes that they—

(i) are a beneficiary under a will of the patient, or

(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.

38 Referral for opinion—other matters

38 Referral for opinion—other matters

(1) This section applies if the consulting practitioner is unable to decide whether—

(a) as required by section 16(1)(e), the patient has decision-making capacity in relation to voluntary assisted dying, or

Example—

due to a past or current mental illness of the patient

(b) as required by section 16(1)(f), the patient is acting voluntarily, or

(c) as required by section 16(1)(g), the patient is not acting because of pressure or duress.

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(2) The consulting practitioner must refer the patient to—

(a) if the consulting practitioner is unable to decide whether the patient has decision-making capacity in relation to voluntary assisted dying—a psychiatrist or another registered health practitioner who has appropriate skills and training to make a decision about the matter, or

(b) if the consulting practitioner is unable to decide whether the patient is or is not acting voluntarily or is or is not acting because of pressure or duress—a psychiatrist or another registered health practitioner or person who has appropriate skills and training to make a decision about the matter.

Note—

See section 181(2)(b) about guidelines that apply to the referral.

(3) If the consulting practitioner makes a referral under this section, the consulting practitioner may adopt the decision of the psychiatrist, other registered health practitioner or other person about the matter in relation to which the referral was made.

(4) A psychiatrist, registered health practitioner or other person to whom the patient is referred under this section must not be—

(a) a family member of the patient, or

(b) a person who knows or believes that they—

(i) are a beneficiary under a will of the patient, or

(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.

39 Information to be provided if patient assessed as meeting eligibility criteria

39 Information to be provided if patient assessed as meeting eligibility criteria

(1) If the consulting practitioner is satisfied the patient meets all of the eligibility criteria, the consulting practitioner must give the patient information about the matters referred to in section 28(1).

(2) Nothing in this section affects a duty a medical practitioner—

(a) has at common law, or

(b) under another Act or law.

40 Outcome of consulting assessment

40 Outcome of consulting assessment

(1) The consulting practitioner must assess the patient as eligible for access to voluntary assisted dying if the consulting practitioner is satisfied—

(a) the patient meets all of the eligibility criteria, and

(b) the patient understands the information required to be given under section 39(1).

(2) If the consulting practitioner is not satisfied about a matter in subsection (1), the consulting practitioner must assess the patient as ineligible for access to voluntary assisted dying.

41 Recording and notification of outcome of consulting assessment

41 Recording and notification of outcome of consulting assessment

(1) The consulting practitioner must inform the patient and the patient’s coordinating practitioner of the outcome of the consulting assessment as soon as practicable after its completion.

(2) Within 5 business days after completing the consulting assessment, the consulting practitioner must—

(a) complete the approved form (the consulting assessment report form) in relation to the patient, and

(b) give a copy of the consulting assessment report form to the Board.

Maximum penalty—100 penalty units.

(3) As soon as practicable after completing the consulting assessment report form, the consulting practitioner must give a copy of the form to the patient.

(4) The consulting assessment report form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the consulting practitioner’s name and contact details,

(c) a statement confirming the consulting practitioner meets the requirements of section 18,

(d) the date the referral for the consulting assessment was made,

(e) the date the referral for the consulting assessment was received,

(f) the date the consulting assessment was completed,

(g) the outcome of the consulting assessment, including the consulting practitioner’s decision about each of the eligibility criteria,

(h) the date the patient was informed of the outcome of the consulting assessment,

(i) the date the patient’s coordinating practitioner was informed of the outcome of the consulting assessment,

(j) if the patient was referred under section 37(2) or 38(2)—the outcome of the referral, including a copy of a report given by the registered health practitioner or other person to whom the patient was referred,

(k) if the patient was assisted by an interpreter when having the consulting assessment—the interpreter’s name, contact details and accreditation details,

(l) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,

(m) a statement confirming the patient has been advised it is unlawful for a person to apply pressure or duress on the patient to request voluntary assisted dying or to continue the request and assessment process,

Note—

See the Crimes Act 1900, section 41C for the relevant offence

(n) a statement confirming the practitioner has asked the patient whether the patient has experienced pressure or duress to request access to voluntary assisted dying from a person who is a beneficiary under the patient’s will or may otherwise benefit financially or in another material way from the patient’s death,

(o) a statement confirming the consulting practitioner has acted in accordance with guidelines under section 181 in relation to the following matters—

(i) deciding whether to refer the patient to a medical practitioner under section 26,

(ii) deciding whether to refer the patient to a psychiatrist, another registered health practitioner or another person under section 27,

(p) a statement confirming the consulting practitioner has acted in accordance with guidelines under section 181 in determining whether the patient has experienced pressure or duress to request access to voluntary assisted dying,

(q) the consulting practitioner’s signature and the date the form was signed.

(5) The consulting practitioner must give a copy of the consulting assessment report form to the patient’s coordinating practitioner as soon as practicable after completing the consulting assessment.

42 Referral for further consulting assessment if patient assessed as ineligible

42 Referral for further consulting assessment if patient assessed as ineligible

If the consulting practitioner assesses the patient as ineligible for access to voluntary assisted dying, the patient’s coordinating practitioner may refer the patient to another medical practitioner for a further consulting assessment.

Division 5 Written declaration

Division 5 Written declaration

43 Patient assessed as eligible may make written declaration

43 Patient assessed as eligible may make written declaration

(1) A patient may make a written declaration requesting access to voluntary assisted dying if the patient has been assessed as eligible for access to voluntary assisted dying by—

(a) the patient’s coordinating practitioner, and

(b) the patient’s consulting practitioner.

(2) The written declaration must be—

(a) in the approved form, and

(b) given to the patient’s coordinating practitioner.

(3) The written declaration must—

(a) state that the patient—

(i) makes the declaration voluntarily, and

(ii) does not make the declaration because of pressure or duress, and

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(iii) understands its nature and effect, and

(b) be signed by the patient, or a person referred to in subsection (4), in the presence of 2 witnesses, and

(c) include the following—

(i) the patient’s name, date of birth and contact details,

(ii) if the patient was assisted by an interpreter—the interpreter’s name, contact details and accreditation details,

(iii) the name and contact details of the patient’s coordinating practitioner.

(4) A person may sign the written declaration on behalf of the patient if—

(a) the patient is unable to sign the declaration, and

(b) the patient directs the person to sign the declaration, and

(c) the person—

(i) is an adult, and

(ii) is not a witness to the signing of the declaration, and

(iii) is not the coordinating practitioner or consulting practitioner for the patient making the declaration.

(5) A person who signs the written declaration on behalf of the patient must do so in the patient’s presence.

(6) If the patient makes the written declaration with the assistance of an interpreter, the interpreter must certify on the declaration that the interpreter provided a true and correct translation of any material translated.

44 Witness to signing of written declaration

44 Witness to signing of written declaration

(1) For the purposes of section 43(3)(b), a person is eligible to witness the signing of a written declaration if the person—

(a) is an adult, and

(b) is not an ineligible witness.

(2) For the purposes of subsection (1)(b), a person is an ineligible witness if the person—

(a) knows or believes the person—

(i) is a beneficiary under a will of the patient making the declaration, or

(ii) may otherwise benefit financially or in any other material way from the death of the patient making the declaration, or

(b) is a family member of the patient making the declaration, or

(c) is the coordinating practitioner or consulting practitioner for the patient making the declaration, or

(d) is a family member or employee of the coordinating practitioner or consulting practitioner for the patient making the declaration.

45 Certification of witness to signing of written declaration

45 Certification of witness to signing of written declaration

(1) A person who witnesses the signing of a written declaration by the patient making the declaration must—

(a) certify in writing in the declaration that, in the presence of the witness, the patient appeared to freely and voluntarily sign the declaration, and

(b) state that the witness is not knowingly an ineligible witness.

(2) A person who witnesses the signing of a written declaration by another person on behalf of the patient making the declaration must—

(a) certify in writing in the declaration that—

(i) in the presence of the witness, the patient appeared to freely and voluntarily direct the other person to sign the declaration, and

(ii) the other person signed the declaration in the presence of the patient and the witness, and

(b) state that the witness is not knowingly an ineligible witness.

(3) In this section—

ineligible witness means a person who is an ineligible witness under section 44(2).

46 Coordinating practitioner to record written declaration

46 Coordinating practitioner to record written declaration

If a patient gives a written declaration to the patient’s coordinating practitioner, the coordinating practitioner must record the following in the patient’s medical record—

(a) the date the written declaration was made,

(b) the date the written declaration was received by the coordinating practitioner.

47 Coordinating practitioner to notify Board of written declaration

47 Coordinating practitioner to notify Board of written declaration

Within 5 business days after receiving a written declaration made by a patient, the patient’s coordinating practitioner must give a copy of the declaration to the Board.

Maximum penalty—100 penalty units.

Division 6 Final request and final review

Division 6 Final request and final review

48 Patient may make final request to coordinating practitioner

48 Patient may make final request to coordinating practitioner

(1) A patient who has made a written declaration may make a final request to the patient’s coordinating practitioner for access to voluntary assisted dying.

(2) The final request must be—

(a) clear and unambiguous, and

(b) made in person or, if that is not practicable, in accordance with section 176(1)(a).

(3) The patient may make the final request—

(a) verbally, or

(b) in another way.

Example for paragraph (b)—

by use of gestures

49 When final request may be made

49 When final request may be made

(1) The final request must not be made—

(a) before the end of the designated period, except as provided in subsection (2), and

(b) until after the day on which the consulting assessment that assessed the patient as eligible for access to voluntary assisted dying was completed.

(2) The final request may be made before the end of the designated period if—

(a) in the reasonable opinion of the patient’s coordinating practitioner, the patient is likely to die, or to lose decision-making capacity in relation to voluntary assisted dying, before the end of the designated period, and

(b) the coordinating practitioner’s opinion is consistent with the opinion of the patient’s consulting practitioner.

50 Coordinating practitioner to record final request

50 Coordinating practitioner to record final request

The patient’s coordinating practitioner must record in the patient’s medical record—

(a) the date the final request was made, and

(b) if the final request was made before the end of the designated period—the reason for the final request being made before the end of the period.

51 Coordinating practitioner to notify Board of final request

51 Coordinating practitioner to notify Board of final request

(1) Within 5 business days after receiving a final request made by a patient, the patient’s coordinating practitioner must—

(a) complete the approved form (the final request form), and

(b) give a copy of the final request form to the Board.

Maximum penalty—100 penalty units.

(2) The final request form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the coordinating practitioner’s name and contact details,

(c) the date the first request was made,

(d) the date the final request was made,

(e) whether the final request was made in person or using audiovisual communication,

(f) whether the final request was made verbally or in another way,

(g) if the patient was assisted by an interpreter when making the final request—the interpreter’s name, contact details and accreditation details,

(h) if the final request was made before the end of the designated period—the reason for the final request being made before the end of the period,

(i) the coordinating practitioner’s signature and the date the form was signed.

52 Final review by coordinating practitioner on receiving final request

52 Final review by coordinating practitioner on receiving final request

(1) On receiving a final request made by a patient, the coordinating practitioner for the patient must—

(a) review all consulting assessment report forms in relation to the patient, and

(b) review the patient’s written declaration, and

(c) complete the approved form (the final review form) in relation to the patient.

(2) In conducting the final review, the coordinating practitioner must have regard to a decision made by the Supreme Court under Part 6 in relation to a decision made in the request and assessment process.

(3) The final review form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the coordinating practitioner’s name and contact details,

(c) a statement that the coordinating practitioner has reviewed—

(i) all consulting assessment report forms in relation to the patient, and

(ii) the patient’s written declaration,

(d) a statement certifying whether or not the request and assessment process has been completed in accordance with this Act,

(e) if the patient was assisted by an interpreter—the interpreter’s name, contact details and accreditation details,

(f) a statement certifying whether or not the coordinating practitioner is satisfied that—

(i) the patient has decision-making capacity in relation to voluntary assisted dying, and

(ii) the patient, in requesting access to voluntary assisted dying, is acting voluntarily, and

(iii) the patient, in requesting access to voluntary assisted dying, is not acting because of pressure or duress, and

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(iv) the patient’s request to access voluntary assisted dying is enduring,

(g) the coordinating practitioner’s signature and the date the form was signed.

(4) Within 5 business days after completing the final review form, the coordinating practitioner must give a copy of the form to the Board.

Maximum penalty—100 penalty units.

53 Technical error not to invalidate request and assessment process

53 Technical error not to invalidate request and assessment process

The validity of the request and assessment process is not affected by—

(a) a minor or technical error in a document under this Act, including, for example—

(i) a final review form, or

(ii) a consulting assessment report form, or

(iii) a patient’s written declaration, or

(iv) a prescription, or

(b) the failure of a person to provide a form within the time required under this Act.

54 No obligation for patient to continue after completion of request and assessment process

54 No obligation for patient to continue after completion of request and assessment process

A patient for whom the request and assessment process has been completed may decide at any time not to take any further step in relation to access to voluntary assisted dying.

Part 4 Accessing voluntary assisted dying and death

Part 4 Accessing voluntary assisted dying and death

55 Eligibility to act as administering practitioner

55 Eligibility to act as administering practitioner

A person is eligible to act as an administering practitioner for a patient if—

(a) the person is—

(i) a medical practitioner who holds specialist registration, or

(ii) a medical practitioner who holds general registration and has practised the medical profession for at least 5 years, or

(iii) a medical practitioner who is an overseas-trained specialist who holds limited registration or provisional registration, or

(iv) a nurse practitioner, and

(b) the person has completed approved training, and

(c) the person meets other requirements prescribed by the regulations for the purposes of this section, and

(d) the person is not a family member of the patient, and

(e) the person does not know or believe that the person—

(i) is a beneficiary under a will of the patient, or

(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services as the administering practitioner for the patient.

56 Application of Division

56 Application of Division

This Division applies if—

(a) the request and assessment process has been completed in relation to a patient, and

(b) the final review form for the patient certifies that the coordinating practitioner for the patient is satisfied—

(i) the patient has decision-making capacity in relation to voluntary assisted dying, and

(ii) the patient, in requesting access to voluntary assisted dying, is acting voluntarily, and

(iii) the patient, in requesting access to voluntary assisted dying, is not acting because of pressure or duress, and

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(iv) the patient’s request to access voluntary assisted dying is enduring.

57 Administration decision

57 Administration decision

(1) The patient may, in consultation with and on the advice of the patient’s coordinating practitioner—

(a) decide to self-administer a voluntary assisted dying substance (a self-administration decision), or

(b) decide a voluntary assisted dying substance is to be administered to the patient by the administering practitioner for the patient (a practitioner administration decision).

(2) An administration decision must be—

(a) clear and unambiguous, and

(b) made in person before the patient’s coordinating practitioner or, if that is not practicable, in accordance with section 176(1)(a).

(3) The patient may make an administration decision—

(a) verbally, or

(b) in another way.

Example for paragraph (b)—

by use of gestures

(4) The patient may make the administration decision with the assistance of an interpreter.

(5) If the patient makes an administration decision, the patient’s coordinating practitioner must record the decision in the patient’s medical record.

(6) The patient’s coordinating practitioner must also, within 5 business days after the patient makes an administration decision—

(a) complete the approved form for the administration decision (the administration decision form) as required by subsection (7), and

(b) give the Board a copy of the administration decision form.

Maximum penalty—100 penalty units.

(7) The administration decision form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the coordinating practitioner’s name and contact details,

(c) the administration decision made by the patient,

(d) the date the administration decision was made,

(e) if the patient was assisted by an interpreter when making the administration decision—the interpreter’s name, contact details and accreditation details,

(f) the coordinating practitioner’s name and the date the form was signed.

58 Revocation of administration decision

58 Revocation of administration decision

(1) The patient may at any time—

(a) revoke a self-administration decision by informing the patient’s coordinating practitioner the patient has decided not to self-administer a voluntary assisted dying substance, or

(b) revoke a practitioner administration decision by informing the patient’s administering practitioner the patient has decided not to proceed with the administration of a voluntary assisted dying substance.

(2) A decision to revoke an administration decision must be clear and unambiguous.

(3) For the purposes of subsection (1), the patient may inform the coordinating practitioner or administering practitioner of the patient’s decision—

(a) in writing, or

(b) verbally, or

(c) in another way.

Example for paragraph (c)—

by use of gestures

(4) The patient may inform the coordinating practitioner or administering practitioner of the patient’s decision with the assistance of an interpreter.

(5) If the patient revokes an administration decision under subsection (1), the coordinating practitioner or administering practitioner who is informed of the patient’s decision must—

(a) record the revocation in the patient’s medical record, and

(b) if the practitioner is not the patient’s coordinating practitioner—inform the coordinating practitioner of the revocation, and

(c) within 5 business days after the revocation—

(i) complete the approved form (the revocation form), and

(ii) give a copy of the revocation form to the Board.

Maximum penalty—100 penalty units.

(6) The revocation form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the name and contact details of the person completing the form,

(c) if the person completing the form is not the patient’s coordinating practitioner—the coordinating practitioner’s name and contact details,

(d) the date the administration decision was revoked,

(e) any reason given by the patient for the revocation of the administration decision,

(f) if the patient was assisted by an interpreter when revoking the administration decision—the interpreter’s name, contact details and accreditation details,

(g) the signature of the person completing the form and the date the form was signed.

(7) The revocation of an administration decision does not prevent the patient from making another administration decision under section 57(1).

59 Self-administration

59 Self-administration

(1) This section applies if the patient—

(a) has made a self-administration decision, and

(b) has not revoked the decision.

(2) The coordinating practitioner for the patient is authorised to prescribe a voluntary assisted dying substance for the patient that is of a sufficient dose to cause death.

(3) To avoid doubt, subsection (2) is subject to—

(a) the contact person appointment form having been given to the coordinating practitioner as required by section 67(5), and

(b) the Board having granted a voluntary assisted dying substance authority under section 71 in relation to the patient.

(4) The authorised supplier who is given the prescription for the patient is authorised to—

(a) possess the prescribed substance for the purpose of preparing and supplying the substance to a person referred to in paragraph (c), and

(b) prepare the prescribed substance, and

(c) supply the prescribed substance to the patient, the contact person for the patient or an agent of the patient.

(5) The patient is authorised to—

(a) receive the prescribed substance from an authorised supplier, the contact person for the patient or an agent of the patient, and

(b) possess the prescribed substance for the purpose of preparing and self-administering it, and

(c) prepare the prescribed substance, and

(d) self-administer the prescribed substance.

(6) The contact person for the patient is authorised as set out in section 68(1).

(7) An agent of the patient is authorised to—

(a) receive the prescribed substance from an authorised supplier, and

(b) possess the prescribed substance for the purpose of supplying the substance to the patient, and

(c) prepare the prescribed substance for self-administration by the patient, and

(d) supply the prescribed substance to the patient.

60 Practitioner administration

60 Practitioner administration

(1) This section applies if the patient—

(a) has made a practitioner administration decision, and

(b) has not revoked the decision.

(2) The coordinating practitioner for the patient is authorised to prescribe a voluntary assisted dying substance for the patient that is of a sufficient dose to cause death.

(3) To avoid doubt, subsection (2) is subject to the Board having granted a voluntary assisted dying substance authority under section 71 in relation to the patient.

(4) The authorised supplier who is given the prescription for the patient is authorised to—

(a) possess the prescribed substance for the purpose of preparing and supplying the substance to the administering practitioner for the patient, and

(b) prepare the prescribed substance, and

(c) supply the prescribed substance to the administering practitioner for the patient.

(5) The administering practitioner for the patient is authorised to—

(a) receive the prescribed substance from an authorised supplier, and

(b) possess the prescribed substance for the purpose of preparing and administering the substance to the patient, and

(c) prepare the prescribed substance.

(6) The administering practitioner for the patient is authorised, in the presence of a witness, to administer the prescribed substance to the patient if the administering practitioner is satisfied at the time of administration that—

(a) the patient has decision-making capacity in relation to voluntary assisted dying, and

(b) the patient is acting voluntarily, and

(c) the patient is not acting because of pressure or duress, and

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(d) the patient’s request for access to voluntary assisted dying is enduring.

61 Coordinating practitioner to notify Board about prescription of substance

61 Coordinating practitioner to notify Board about prescription of substance

(1) Within 5 business days after prescribing a voluntary assisted dying substance for the patient, the patient’s coordinating practitioner must—

(a) complete the approved form for the prescription of the voluntary assisted dying substance (the prescription form) including the information required by subsection (2), and

(b) give the Board a copy of the prescription form.

Maximum penalty—100 penalty units.

(2) The prescription form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the coordinating practitioner’s name and contact details,

(c) a statement confirming the coordinating practitioner has complied with section 73(2) or (3),

(d) the date the prescription for the voluntary assisted dying substance was issued,

(e) the coordinating practitioner’s name and the date the form was signed.

62 Certification by administering practitioner following administration of prescribed substance

62 Certification by administering practitioner following administration of prescribed substance

(1) This section applies if the patient’s administering practitioner administers the prescribed substance to the patient.

(2) The administering practitioner must certify in writing that—

(a) the patient made a practitioner administration decision and did not revoke the decision, and

(b) the administering practitioner was satisfied when administering the prescribed substance to the patient that—

(i) the patient had decision-making capacity in relation to voluntary assisted dying, and

(ii) the patient was acting voluntarily, and

(iii) the patient was not acting because of pressure or duress, and

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(iv) the patient’s request for access to voluntary assisted dying was enduring.

(3) The certification must be in the approved form (the practitioner administration form) and must include the following—

(a) the patient’s name and date of birth,

(b) the administering practitioner’s name and contact details,

(c) the name, date of birth and contact details of the witness to the administration of the prescribed substance,

(d) the date and time the prescribed substance was administered,

(e) the location at which the prescribed substance was administered,

(f) the date and time of the patient’s death,

(g) the period of time that elapsed between the administration of the prescribed substance and the patient’s death,

(h) details of any complications relating to the administration of the prescribed substance,

(i) the witness’ certification required under section 63(3),

(j) the administering practitioner’s signature and the date the form was signed,

(k) the witness’s signature and the date the form was signed.

(4) Within 5 business days after administering the prescribed substance, the administering practitioner must give a copy of the practitioner administration form to the Board.

Maximum penalty—100 penalty units.

63 Witness to administration of prescribed substance

63 Witness to administration of prescribed substance

(1) For the purposes of section 60(6), a person is eligible to witness the administration of a prescribed substance to a patient if the person—

(a) is an adult, and

(b) is not an ineligible witness.

(2) For the purposes of subsection (1)(b), a person is an ineligible witness if the person—

(a) is a family member of the patient’s administering practitioner, or

(b) is employed, or engaged under a contract for services, by the patient’s administering practitioner.

(3) The witness to the administration of a prescribed substance to a patient must certify in the practitioner administration form for the patient that—

(a) the patient’s request for access to voluntary assisted dying appeared to be free, voluntary and enduring, and

(b) the patient’s administering practitioner administered the prescribed substance to the patient in the presence of the witness.

64 Transfer of administering practitioner’s role

64 Transfer of administering practitioner’s role

(1) This section applies if—

(a) a patient has made a practitioner administration decision, and

(b) the coordinating practitioner for the patient has prescribed a voluntary assisted dying substance for the patient, and

(c) the patient’s administering practitioner (the original practitioner) is unable or unwilling for any reason to administer the prescribed substance to the patient, whether the original practitioner is—

(i) the coordinating practitioner for the patient, or

(ii) a person to whom the role of administering practitioner has been transferred under subsection (2).

(2) The original practitioner must transfer the role of administering practitioner to another person who—

(a) is eligible to act as an administering practitioner for the patient, and

(b) accepts the transfer of the role.

(3) If a person (the new practitioner) accepts the transfer of the role, the original practitioner must—

(a) inform the patient—

(i) that the role of administering practitioner has been transferred to the new practitioner, and

(ii) of the new practitioner’s name and contact details, and

(b) record the transfer in the patient’s medical record, and

(c) within 5 business days after the transfer is accepted, complete the approved form (the administering practitioner transfer form) and give a copy of the form to the Board.

Maximum penalty—100 penalty units.

(4) The administering practitioner transfer form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the original practitioner’s name and contact details,

(c) the new practitioner’s name and contact details,

(d) the date the new practitioner accepted the transfer,

(e) the date the patient was informed of the transfer,

(f) the original practitioner’s signature and the date the form was signed.

(5) If the original practitioner has possession of the prescribed substance when the role is transferred—

(a) the original practitioner is authorised to supply the prescribed substance to the new practitioner, and

(b) the new practitioner is authorised to receive the prescribed substance from the original practitioner.

(6) The coordinating practitioner for the patient remains the coordinating practitioner despite any transfer of the role of administering practitioner under subsection (2), but subject to section 175.

65 Application of Division

65 Application of Division

This Division applies if a patient has made a self-administration decision.

66 Patient to appoint contact person

66 Patient to appoint contact person

(1) The patient must appoint a person as the patient’s contact person.

(2) A person is eligible for appointment if the person is an adult.

(3) Without limiting who may be appointed as the contact person, the patient may appoint—

(a) the patient’s coordinating practitioner, or

(b) the patient’s consulting practitioner, or

(c) another registered health practitioner.

(4) A person must not be appointed as the contact person unless the person consents to the appointment.

(5) The patient may revoke the appointment of the contact person.

(6) If the patient revokes the appointment of the contact person—

(a) the patient must inform the person of the revocation, and

(b) the person ceases to be the contact person for the patient on being informed under paragraph (a), and

(c) the patient must make another appointment under subsection (1).

67 Contact person appointment form

67 Contact person appointment form

(1) The appointment of a contact person by the patient must be made in the approved form (the contact person appointment form) and include the following—

(a) the patient’s name, date of birth and contact details,

(b) the name and contact details of the coordinating practitioner for the patient,

(c) the contact person’s name, date of birth and contact details,

(d) a statement that the contact person consents to the appointment,

(e) a statement that the contact person understands the person’s role under this Act, including—

(i) that the contact person agrees to comply with guidelines issued by the Health Secretary under section 181(2)(d), and

(ii) the requirements under section 125 and the penalties for contravening the requirements,

(f) if the patient was assisted by an interpreter when making the appointment, the interpreter’s name, contact details and accreditation details,

(g) the contact person’s signature and the date the form was signed,

(h) the patient’s signature, or the signature of the other person who completes the form on behalf of the patient, and the date the form was signed.

(2) Another person may complete the form on behalf of the patient if—

(a) the patient is unable to complete the contact person appointment form, and

(b) the patient directs the person to complete the contact person appointment form, and

(c) the person is an adult.

(3) The patient or the patient’s contact person must give the contact person appointment form to the patient’s coordinating practitioner.

(4) Within 5 business days after receiving the contact person appointment form, the patient’s coordinating practitioner must give a copy of the form to the Board.

Maximum penalty—100 penalty units.

(5) The patient’s coordinating practitioner must not prescribe a voluntary assisted dying substance for the patient before the contact person appointment form is given to the coordinating practitioner.

68 Role of contact person

68 Role of contact person

(1) The contact person for the patient is authorised to—

(a) receive the prescribed substance from an authorised supplier, and

(b) possess the prescribed substance for the purposes of paragraphs (c)–(e), and

(c) prepare the prescribed substance for self-administration by the patient, and

(d) supply the prescribed substance to the patient, and

(e) give the prescribed substance, or any unused or remaining prescribed substance, to an authorised disposer as required by section 125.

(2) The patient’s contact person must inform the patient’s coordinating practitioner if the patient dies, whether as a result of self-administering the prescribed substance or from some other cause.

69 Contact person may refuse to continue in role

69 Contact person may refuse to continue in role

(1) The contact person for a patient may refuse to continue to perform the role of contact person.

(2) If the contact person for a patient refuses to continue to perform the role—

(a) the person must inform the patient of the refusal, and

(b) the person ceases to be the contact person for the patient on informing the patient under paragraph (a), and

(c) the patient must make another appointment under section 66(1).

70 Coordinating practitioner may ask Board to issue voluntary assisted dying substance authorisation

70 Coordinating practitioner may ask Board to issue voluntary assisted dying substance authorisation

(1) If a patient has made an administration decision, the patient’s coordinating practitioner may apply to the Board for a voluntary assisted dying substance authorisation for the patient.

(2) The application must be—

(a) in the approved form, and

(b) accompanied by the documents relating to the request and assessment process required by the Board.

71 Board must decide application

71 Board must decide application

(1) As soon as practicable after receiving an application for a voluntary assisted dying substance authorisation from the patient’s coordinating practitioner, the Board must—

(a) consider the application, and

(b) decide to—

(i) approve the application, or

(ii) if section 72 applies—refuse the application.

(2) If the Board decides to approve the application, the Board must, as soon as practicable after making the decision, grant a voluntary assisted dying substance authority, in the approved form, in relation to the patient.

(3) A voluntary assisted dying substance authority must include the following information—

(a) the patient’s name and address,

(b) the name of the patient’s coordinating practitioner,

(c) the period during which the patient’s coordinating practitioner may prescribe a prescribed substance under the authority,

(d) other information required by the Health Secretary.

(4) A voluntary assisted dying substance authority may relate to a voluntary assisted dying substance that may be self-administered or administered to a person.

72 Refusal of application for voluntary assisted dying substance authority

72 Refusal of application for voluntary assisted dying substance authority

(1) The Board must refuse to issue to a patient’s coordinating practitioner a voluntary assisted dying substance authority in relation to the patient if—

(a) the Board has not received all the documents relating to the request and assessment process required under section 70(2)(b), or

(b) the Board suspects the requirements of this Act have not been met in relation to the patient.

(2) If the Board refuses an application for a voluntary assisted dying substance authority, the Board must, within 2 business days, give the patient’s coordinating practitioner written notice that states—

(a) the application has been refused, and

(b) the reasons for the refusal.

73 Information to be given before prescribing substance

73 Information to be given before prescribing substance

(1) This section applies if—

(a) a patient has made an administration decision, and

(b) the Board has issued a voluntary assisted dying substance authority in relation to the patient.

(2) The patient’s coordinating practitioner must, if the patient has made a self-administration decision, before prescribing a voluntary assisted dying substance for the patient, inform the patient, in writing, of the following—

(a) the Schedule 4 poison or Schedule 8 poison, or combination of poisons, constituting the substance,

(b) that the patient is not under an obligation to obtain the substance,

(c) that the patient is not under an obligation to self-administer the substance,

(d) how to dispense the substance,

(e) that the substance must be stored—

(i) in a locked box that complies with the requirements stated in section 79, and

(ii) otherwise in accordance with the information provided by the authorised supplier who supplies the substance,

(f) how to prepare and self-administer the substance,

(g) the method by which the substance will be self-administered,

(h) the expected effects of self-administration of the substance,

(i) the period within which the patient is likely to die after self-administration of the substance,

(j) the potential risks of self-administration of the substance,

(k) that, if the patient decides not to self administer the substance, the patient’s contact person must give the substance to an authorised disposer for disposal,

(l) that, if the patient dies, the patient’s contact person must give any unused or remaining substance to an authorised disposer for disposal.

(3) The coordinating practitioner for a patient who has made a practitioner administration decision must, before prescribing a voluntary assisted dying substance for the patient, inform the patient, in writing, of the following—

(a) the Schedule 4 poison or Schedule 8 poison, or combination of poisons, constituting the substance,

(b) that the patient is not under an obligation to have the substance administered,

(c) how the substance will be dispensed,

(d) the method by which the substance will be administered,

(e) the expected effects of administration of the substance,

(f) the period within which the patient is likely to die after administration of the substance,

(g) the potential risks of administration of the substance,

(h) that, if the practitioner administration decision is made after the revocation of a self-administration decision, the patient’s contact person must give any prescribed substance received by the patient, the contact person or an agent of the patient, to an authorised disposer for disposal.

74 Prescription for substance

74 Prescription for substance

(1) This section applies if a patient’s coordinating practitioner prescribes a voluntary assisted dying substance for the patient.

Note—

(2) The prescription issued by the coordinating practitioner must include—

(a) a statement that clearly indicates the prescription is for a voluntary assisted dying substance, and

(b) a statement—

(i) certifying that the request and assessment process has been completed in relation to the patient in accordance with this Act, and

(ii) certifying that the patient has made an administration decision and stating whether the decision is a self-administration decision or a practitioner administration decision, and

(c) the patient’s telephone number.

(3) The prescription must not be in the form of a medication chart.

(4) The prescription must not provide for the prescribed substance to be supplied on more than 1 occasion.

(5) The coordinating practitioner must give the prescription directly to an authorised supplier.

(6) To avoid doubt, the requirement under subsection (5) to give the prescription directly to an authorised supplier does not require the prescription to be given to the authorised supplier in person but may be given by post or electronic means, including email.

(7) In this section—

medication chart means a chart, however described, that records medicines used, or to be used, for the treatment of a patient.

75 Authorised supplier to authenticate prescription

75 Authorised supplier to authenticate prescription

An authorised supplier who is given a prescription for a voluntary assisted dying substance must not supply the substance in accordance with the prescription unless the authorised supplier has confirmed—

(a) the authenticity of the prescription, and

(b) the identity of the person who issued the prescription, and

(c) the identity of the person to whom the substance is to be supplied.

76 Information to be given when supplying prescribed substance

76 Information to be given when supplying prescribed substance

(1) This section applies if an authorised supplier supplies a prescribed substance to a patient, a patient’s contact person or an agent of a patient (the recipient).

(2) The authorised supplier must, when supplying the prescribed substance, inform the recipient, in writing, of the following—

(a) that the patient is not under an obligation to self-administer the substance,

(b) that the substance must be stored—

(i) in a locked box that complies with the requirements stated in section 79, and

(ii) otherwise in accordance with other requirements provided by the authorised supplier,

(c) how to prepare and self-administer the substance,

(d) that, if the patient decides not to self-administer the substance, the patient’s contact person must give the substance to an authorised disposer for disposal,

(e) that, if the patient dies, the patient’s contact person must give any unused or remaining substance to an authorised disposer for disposal not later than 14 days after the day on which the patient dies,

(f) details of the place where any unused or remaining substance may be given to an authorised disposer for disposal.

(3) If the recipient is not the patient, the authorised supplier must, when supplying the prescribed substance, advise the recipient to give the information given under subsection (2) to the patient.

77 Labelling requirements for prescribed substance

77 Labelling requirements for prescribed substance

(1) In addition to labelling requirements under the Poisons and Therapeutic Goods Act 1966, an authorised supplier who supplies a prescribed substance must attach a statement in writing to the relevant package or container that—

(a) warns of the purpose of the dose of the substance, and

(b) states the dangers of administration of the substance, and

(c) states that, if the substance is supplied for self-administration—

(i) the substance must be stored—

(A) in a locked box that complies with the requirements stated in section 79, and

(B) otherwise in accordance with other requirements provided by the authorised supplier, and

(ii) any unused or remaining substance must be given to an authorised disposer by the contact person for the patient to whom the substance is supplied.

(2) The statement must be in the approved form.

78 Authorised supplier to record and notify of supply

78 Authorised supplier to record and notify of supply

(1) An authorised supplier who supplies a prescribed substance must immediately complete the approved form (the authorised supply form).

(2) The authorised supply form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the authorised supplier’s name and contact details,

(c) a statement certifying that the prescribed substance was supplied,

(d) the name and contact details of the person to whom the prescribed substance was supplied,

(e) the date the prescribed substance was supplied,

(f) a statement certifying that the requirements under sections 75, 76 and 77 were complied with,

(g) the authorised supplier’s signature and the date the form was signed.

(3) Within 5 business days after supplying the prescribed substance, the authorised supplier must give a copy of the completed authorised supply form to the Board.

Maximum penalty—100 penalty units.

79 Storage of voluntary assisted dying substance

79 Storage of voluntary assisted dying substance

(1) A person who receives a voluntary assisted dying substance must store the substance in a locked box.

(2) The locked box must be—

(a) made of steel, and

(b) not easily penetrable, and

(c) locked using a lock of sturdy construction.

80 Disposal of prescribed substance by authorised disposer

80 Disposal of prescribed substance by authorised disposer

(1) This section applies if a prescribed substance, or any unused or remaining prescribed substance, is given to an authorised disposer by the patient’s contact person.

(2) The authorised disposer is authorised to—

(a) possess the prescribed substance for the purpose of disposing of it, and

(b) dispose of the prescribed substance.

(3) The authorised disposer must dispose of the prescribed substance as soon as practicable after receiving it.

(4) In disposing of the prescribed substance, the authorised disposer must comply with requirements of the Poisons and Therapeutic Goods Act 1966 that apply to the disposal.

81 Authorised disposer to record and notify of disposal

81 Authorised disposer to record and notify of disposal

(1) An authorised disposer who disposes of a prescribed substance must immediately complete the approved form (the authorised disposal form).

(2) The authorised disposal form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the authorised disposer’s name and contact details,

(c) the name and contact details of the person who gave the prescribed substance to the authorised disposer,

(d) the date the prescribed substance was given to the authorised disposer,

(e) the date the prescribed substance was disposed of by the authorised disposer,

(f) the authorised disposer’s signature and the date the form was signed.

(3) Within 5 business days after disposing of the prescribed substance, the authorised disposer must give a copy of the completed authorised disposal form to the Board.

Maximum penalty—100 penalty units.

82 Disposal of prescribed substance by administering practitioner

82 Disposal of prescribed substance by administering practitioner

(1) Subsections (2) and (3) apply if—

(a) a patient who has made a practitioner administration decision revokes the decision, and

(b) the administering practitioner for the patient has possession of the prescribed substance when the decision is revoked.

(2) The administering practitioner is authorised to—

(a) possess the prescribed substance for the purpose of disposing of it, and

(b) dispose of the prescribed substance.

(3) The prescribed substance must be disposed of by the administering practitioner as soon as practicable after the practitioner administration decision is revoked.

(4) Subsections (5) and (6) apply if—

(a) a patient who has made a practitioner administration decision dies, whether or not after being administered the prescribed substance, and

(b) the patient’s administering practitioner has possession of any prescribed substance that is unused or remaining after the patient’s death (the unused or remaining substance).

(5) The administering practitioner is authorised to—

(a) possess the unused or remaining substance for the purpose of disposing of it, and

(b) dispose of the unused or remaining substance.

(6) The unused or remaining substance must be disposed of by the administering practitioner as soon as practicable after the patient’s death.

(7) In disposing of the prescribed substance or the unused or remaining substance, as the case requires, the administering practitioner must comply with requirements of the Poisons and Therapeutic Goods Act 1966 that apply to the disposal.

83 Administering practitioner to record and notify of disposal

83 Administering practitioner to record and notify of disposal

(1) A patient’s administering practitioner who disposes of a prescribed substance must immediately complete the approved form (the practitioner disposal form).

(2) The practitioner disposal form must include the following—

(a) the patient’s name, date of birth and contact details,

(b) the administering practitioner’s name and contact details,

(c) the date the prescribed substance was supplied to the administering practitioner,

(d) the date the patient revoked the practitioner administration decision or died,

(e) the date the prescribed substance was disposed of by the administering practitioner,

(f) the administering practitioner’s signature and the date the form was signed.

(3) Within 5 business days after disposing of the prescribed substance, the administering practitioner must give a copy of the completed practitioner disposal form to the Board.

Maximum penalty—100 penalty units.

84 Authorised suppliers and authorised disposers

84 Authorised suppliers and authorised disposers

(1) The Health Secretary may, by Gazette notice, authorise a registered health practitioner, or persons in a class of registered health practitioners, to supply prescribed substances for the purposes of this Part.

(2) A person who is authorised under subsection (1) is an authorised supplier.

(3) The Health Secretary may, by Gazette notice, authorise a registered health practitioner, or persons in a class of registered health practitioners, to dispose of prescribed substances for the purposes of this Part.

(4) A person who is authorised under subsection (3) is also an authorised disposer.

(5) The Health Secretary may, by Gazette notice, revoke an authorisation given under subsection (1) or (3).

(6) The Health Secretary must keep a register that includes details of—

(a) authorised suppliers, and

(b) authorised disposers.

(7) The register kept under subsection (6) may only be made available for inspection by a person who is—

(a) a patient, or

(b) a contact person or an agent of a patient, or

(c) a coordinating practitioner, or

(d) a consulting practitioner, or

(e) an administering practitioner, or

(f) a person performing functions under this Act, for the purposes of performing the functions.

85 Certain directions as to supply or administration prohibited

85 Certain directions as to supply or administration prohibited

(1) A patient’s coordinating practitioner must not direct a health professional to supply a prescribed substance to the patient, the contact person for the patient or an agent of the patient, unless—

(a) the health professional is an authorised supplier, and

(b) the direction is in the form of a prescription for the prescribed substance given directly to the authorised supplier.

(2) A patient’s coordinating practitioner or administering practitioner must not direct a health professional to administer a prescribed substance to the patient.

86 Structured administration and supply arrangement not to be issued for substance

86 Structured administration and supply arrangement not to be issued for substance

(1) A person must not issue a structured administration and supply arrangement in relation to the administration or supply of a medicine for the purpose of voluntary assisted dying.

(2) In this section—

structured administration and supply arrangement means a document that sets out the circumstances in which a health professional stated, or of a class stated, in the document may administer or supply a medicine stated in the document.

87 Notification of death

87 Notification of death

(1) A patient’s coordinating practitioner or administering practitioner must, within 5 business days after becoming aware the patient has died, notify the Board, in the approved form, of the patient’s death.

Maximum penalty—100 penalty units.

(2) Subsection (1) applies whether or not the patient dies after self-administering, or being administered, a voluntary assisted dying substance in accordance with this Act.

(3) Subsection (1) does not apply if the administering practitioner for a patient gives the Board a copy of a practitioner administration form in relation to the patient under section 62(4).

(4) Subsections (5) and (6) apply if a medical practitioner who is required to give a cause of death certificate for a person knows or reasonably believes the person was a patient who self-administered, or was administered, a voluntary assisted dying substance in accordance with this Act.

(5) The medical practitioner must, within 5 business days after becoming aware the person has died, notify the Board, in the approved form, of the person’s death unless the medical practitioner is the person’s coordinating practitioner or administering practitioner.

(6) The medical practitioner must identify the following in the cause of death certificate for the person—

(a) that the medical practitioner knows or reasonably believes the patient self-administered, or was administered, a voluntary assisted dying substance in accordance with this Act,

(b) the disease, illness or medical condition with which the person had been diagnosed that made the person eligible to access voluntary assisted dying.

Maximum penalty—100 penalty units.

(7) In this section—

cause of death certificate, for a person, means a notice of the death of the person and of the cause of the person’s death under the Births, Deaths and Marriages Registration Act 1995, section 39(1).

Part 5 Participation

Part 5 Participation

88 Definitions

88 Definitions

In this Part—

deciding practitioner, for a decision about a person, means—

(a) the person’s coordinating practitioner, or

(b) if the person’s coordinating practitioner is not available—another medical practitioner nominated by the person.

health care means medical, surgical or nursing care.

health care establishment means—

(a) a private health facility within the meaning of the Private Health Facilities Act 2007, or

(b) a public hospital within the meaning of the Health Services Act 1997.

health entity means an entity that owns or operates a health care establishment.

relevant entity means an entity, other than an individual, that provides a relevant service.

relevant service means—

(a) a personal care service, or

(b) a residential aged care service.

residential aged care means nursing care or personal care provided to a person in a residential facility in which the person is also provided with accommodation that includes—

(a) staffing to meet the nursing care and personal care needs of the person, and

(b) meals and cleaning services, and

(c) furnishings, furniture and equipment for the provision of the person’s nursing care or personal care and accommodation.

89 Participation in providing voluntary assisted dying services

89 Participation in providing voluntary assisted dying services

(1) A residential facility or health care establishment may decide that it will not provide services relating to voluntary assisted dying at the facility or establishment.

(2) For the purposes of subsection (1), the residential facility or health care establishment may refuse to do any of the following or refuse to have persons employed by or at the facility or establishment do any of the following at the facility or establishment—

(a) participate in the request and assessment process,

(b) participate in an administration decision,

(c) prescribe, supply or administer a voluntary assisted dying substance,

(d) store a voluntary assisted dying substance,

(e) be present at the time of the administration or self-administration of a voluntary assisted dying substance.

(3) Subsections (1) and (2) are subject to the requirements of Divisions 2 and 3.

pt.5-div.2-sdiv.1 Information about voluntary assisted dying

Subdivision 1 Information about voluntary assisted dying

90 Access to information about voluntary assisted dying

90 Access to information about voluntary assisted dying

(1) This section applies if—

(a) a person is receiving relevant services from a relevant entity at a residential facility, and

(b) the person asks the relevant entity for information about voluntary assisted dying, and

(c) the relevant entity does not provide at the residential facility, to persons to whom relevant services are provided, the information that has been requested.

(2) The relevant entity and any other entity that owns or occupies the residential facility—

(a) must not hinder the person’s access at the residential facility to information about voluntary assisted dying, and

(b) must, if asked, allow reasonable access to the person at the residential facility by—

(i) a registered health practitioner or another person to enable the practitioner or other person to personally provide the requested information about voluntary assisted dying to the person, or

(ii) a member of an official voluntary assisted dying care navigator service to provide support, assistance and information to persons relating to voluntary assisted dying.

pt.5-div.2-sdiv.2 Access to voluntary assisted dying

Subdivision 2 Access to voluntary assisted dying

91 Application of Subdivision

91 Application of Subdivision

This Subdivision applies if a person is receiving relevant services from a relevant entity at a residential facility.

92 First and final requests

92 First and final requests

(1) This section applies if—

(a) the person or the person’s agent advises the relevant entity that the person wishes to make a first request or final request (each a relevant request), and

(b) the relevant entity does not provide, to persons to whom relevant services are provided at the residential facility, access to the request and assessment process at the facility.

(2) The relevant entity and any other entity that owns or occupies the facility must allow reasonable access to the person at the residential facility by a medical practitioner—

(a) whose presence is requested by the person, and

(b) who—

(i) for a first request—is eligible to act as a coordinating practitioner, or

(ii) for a final request—is the coordinating practitioner for the person.

(3) If the requested medical practitioner is not available to attend, the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s relevant request may be made to—

(a) the requested medical practitioner, or

(b) another medical practitioner who is eligible and willing to act as a coordinating practitioner.

93 First assessments

93 First assessments

(1) This section applies if—

(a) the person has made a first request, and

(b) the person, or the person’s agent, advises the relevant entity that the person wishes to undergo a first assessment, and

(c) the relevant entity does not provide, to persons to whom relevant services are provided at the residential facility, access to the request and assessment process at the facility.

(2) If the person is a permanent resident at the residential facility—

(a) the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by a relevant practitioner for the practitioner to assess the person, and

(b) if a relevant practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s assessment may be carried out by—

(i) the relevant practitioner, or

(ii) another medical practitioner who is eligible and willing to act as a relevant practitioner.

(3) If the person is not a permanent resident at the residential facility—

(a) the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s first assessment may be carried out by a relevant practitioner for the person, or

(b) if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by a relevant practitioner for the person.

(4) In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

(5) In this section—

relevant practitioner, for a person, means—

(a) the person’s coordinating practitioner, or

(b) a medical practitioner to whom the person’s coordinating practitioner has referred a matter under section 26.

94 Consulting assessments

94 Consulting assessments

(1) This section applies if—

(a) the person has undergone a first assessment, and

(b) the person, or the person’s agent, advises the relevant entity that the person wishes to undergo a consulting assessment, and

(c) the entity does not provide, to persons to whom the relevant services are provided at the residential facility, access to the request and assessment process at the facility.

(2) If the person is a permanent resident at the residential facility—

(a) the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by a relevant practitioner for the practitioner to assess the person, and

(b) if a relevant practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s assessment may be carried out by—

(i) the relevant practitioner, or

(ii) another medical practitioner who is eligible and willing to act as a relevant practitioner.

(3) If the person is not a permanent resident at the residential facility—

(a) the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s first assessment may be carried out by a relevant practitioner for the person, or

(b) if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by a relevant practitioner for the person.

(4) In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

(5) In this section—

relevant practitioner, for a person, means—

(a) the person’s consulting practitioner, or

(b) a medical practitioner to whom the person’s consulting practitioner has referred a matter under section 37.

95 Written declarations

95 Written declarations

(1) This section applies if—

(a) the person has been assessed as eligible for access to voluntary assisted dying, and

(b) the person or the person’s agent advises the relevant entity that the person wishes to make a written declaration, and

(c) the entity does not provide, to persons to whom relevant services are provided at the residential premises, access to the request and assessment process at the facility.

(2) If the person is a permanent resident at the residential facility—

(a) the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by—

(i) the person’s coordinating practitioner, and

(ii) another person lawfully participating in the person’s request for access to voluntary assisted dying to enable the person to make a written declaration, and

(b) if the coordinating practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from the place where the person may make a written declaration.

(3) If the person is not a permanent resident at the residential facility—

(a) the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person may make a written declaration, or

(b) if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—the entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by—

(i) the person’s coordinating practitioner, and

(ii) any other person lawfully participating in the person’s request for access to voluntary assisted dying.

(4) In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

96 Application for administration decision

96 Application for administration decision

(1) This section applies if—

(a) the person has made a final request, and

(b) the person or the person’s agent advises the relevant entity that the person wishes to make an application for an administration decision, and

(c) the entity does not provide, to persons to whom relevant services are provided at the residential facility, access to a person’s coordinating practitioner to enable the application to be made.

(2) If the person is a permanent resident at the residential facility—

(a) the relevant entity and any other entity that owns or occupies the facility must allow reasonable access to the person at the facility by the person’s coordinating practitioner for the practitioner to consult with and assess the person in relation to the application, and

(b) if the coordinating practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where consultation and assessment of the person can occur in relation to the application in consultation with, and on the advice of—

(i) the coordinating practitioner, or

(ii) another medical practitioner who is eligible and willing to act as the person’s coordinating practitioner.

(3) If the person is not a permanent resident at the residential facility—

(a) the relevant entity must take reasonable steps to facilitate the transfer of the person to and from the place where the person’s coordinating practitioner can consult with and assess the person in relation to the application, or

(b) if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by the person’s coordinating practitioner to consult with and assess the person in relation to the application.

(4) In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

pt.5-div.2-sdiv.3 Administration of voluntary assisted dying substance

Subdivision 3 Administration of voluntary assisted dying substance

97 Administration of voluntary assisted dying substance

97 Administration of voluntary assisted dying substance

(1) This section applies if—

(a) the person has made an administration decision, and

(b) the person or the person’s agent advises the relevant entity that the person wishes to self-administer a voluntary assisted dying substance or have the person’s administering practitioner administer a voluntary assisted dying substance to the person, and

(c) the relevant entity does not provide, to persons to whom relevant services are provided at the residential facility, access to the administration of a voluntary assisted dying substance at the facility.

(2) If the person is a permanent resident at the residential facility, the relevant entity and any other entity that owns or occupies the facility must—

(a) if the person has made a practitioner administration decision—allow reasonable access to the person at the facility by the following persons—

(i) the person’s administering practitioner, for the practitioner to administer a voluntary assisted dying substance to the person,

(ii) any other person lawfully participating in the person’s request for access to voluntary assisted dying, including an eligible witness to the administration of the voluntary assisted dying substance by the person’s administering practitioner, or

(b) if the person has made a self-administration decision—

(i) allow reasonable access to the person at the facility by a person lawfully delivering a voluntary assisted dying substance to the person, and

(ii) allow reasonable access to the person at the facility by another person lawfully participating in the person’s request for voluntary assisted dying, and

(iii) not otherwise hinder access by the person to a voluntary assisted dying substance.

(3) If the person is not a permanent resident at the residential facility—

(a) the relevant entity must take reasonable steps to facilitate the transfer of the person to a place where the person may be administered or may self-administer a voluntary assisted dying substance, or

(b) if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—subsection (2) applies in relation to the person as if the person were a permanent resident at the residential facility.

(4) In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

pt.5-div.2-sdiv.4 Information about non-availability of voluntary assisted dying

Subdivision 4 Information about non-availability of voluntary assisted dying

98 Relevant entities to inform public about non-availability of voluntary assisted dying

98 Relevant entities to inform public about non-availability of voluntary assisted dying

(1) This section applies to a relevant entity that does not provide, at a residential facility at which the entity provides relevant services, services associated with voluntary assisted dying, including access to the request and assessment process or access to the administration of a voluntary assisted dying substance.

(2) The relevant entity must publish information about the fact the entity does not provide any services, or services of a specified type, associated with voluntary assisted dying at the residential facility.

(3) The relevant entity must publish the information in a way in which it is likely that persons who receive the services of the entity at the residential facility become aware of the information.

pt.5-div.3-sdiv.1 Information about voluntary assisted dying

Subdivision 1 Information about voluntary assisted dying

99 Access to information about voluntary assisted dying

99 Access to information about voluntary assisted dying

(1) This section applies if—

(a) a person is receiving health care from a health entity at a health establishment, and

(b) the person asks the health entity for information about voluntary assisted dying, and

(c) the health entity does not provide at the health establishment, to persons to whom health care is provided, the information that has been requested.

(2) The health entity—

(a) must not hinder the person’s access at the health establishment to information about voluntary assisted dying, and

(b) must, if asked, allow reasonable access to the person at the health establishment by a member of an official voluntary assisted dying care navigator service to provide support, assistance and information to persons relating to voluntary assisted dying.

pt.5-div.3-sdiv.2 Access to voluntary assisted dying

Subdivision 2 Access to voluntary assisted dying

100 Application of Subdivision

100 Application of Subdivision

This Subdivision applies if a person is receiving health care from a health entity at a health establishment.

101 First and final requests

101 First and final requests

(1) This section applies if—

(a) the person or the person’s agent advises the health entity that the person wishes to make a first request or final request (each a relevant request), and

(b) the health entity does not provide, to persons to whom health care is provided at the health care establishment, access to the request and assessment process at the establishment.

(2) The health entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s relevant request may be made to—

(a) a medical practitioner requested by the person who—

(i) for a first request—is eligible to act as a coordinating practitioner, or

(ii) for a final request—is the person’s coordinating practitioner, or

(b) if the requested medical practitioner is not available—another medical practitioner who is eligible and willing to act as a coordinating practitioner for the person.

102 First assessments

102 First assessments

(1) This section applies if—

(a) the person has made a first request, and

(b) the person, or the person’s agent, advises the health entity that the person wishes to undergo a first assessment, and

(c) the health entity does not provide, to persons to whom health care is provided at the health establishment, access to the request and assessment process at the facility.

(2) The health entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s first assessment may be carried out by a relevant practitioner for the person.

(3) In making a decision under subsection (2) about the reasonable steps that may be taken to facilitate the transfer of the person, the health entity must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

(4) In this section—

relevant practitioner, for a person, means—

(a) the person’s coordinating practitioner, or

(b) a medical practitioner to whom the person’s coordinating practitioner has referred a matter under section 26.

103 Consulting assessments

103 Consulting assessments

(1) This section applies if—

(a) the person has undergone a first assessment, and

(b) the person, or the person’s agent, advises the health entity that the person wishes to undergo a consulting assessment, and

(c) the entity does not provide, to persons to whom health care is provided at the health establishment, access to the request and assessment process at the establishment.

(2) The health entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s first assessment may be carried out by a relevant practitioner for the person.

(3) In making a decision under subsection (2) about the reasonable steps that may be taken to facilitate the transfer of the person, the health entity must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

(4) In this section—

relevant practitioner, for a person, means—

(a) the person’s consulting practitioner, or

(b) a medical practitioner to whom the person’s consulting practitioner has referred a matter under section 37.

104 Written declarations

104 Written declarations

(1) This section applies if—

(a) the person has been assessed as eligible for access to voluntary assisted dying, and

(b) the person or the person’s agent advises the health entity that the person wishes to make a written declaration, and

(c) the entity does not provide, to persons to whom health care is provided at the residential premises, access to the request and assessment process at the facility.

(2) The health entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person may make a written declaration.

(3) In making a decision under subsection (2) about the reasonable steps that may be taken to facilitate the transfer of the person, the health entity must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

105 Application for administration decision

105 Application for administration decision

(1) This section applies if—

(a) the person has made a final request, and

(b) the person or the person’s agent advises the health entity that the person wishes to make an application for an administration decision, and

(c) the entity does not provide, to persons to whom relevant services are provided at the health establishment, access to a person’s coordinating practitioner to enable the application to be made.

(2) The health entity must take reasonable steps to facilitate the transfer of the person to and from the place where the person’s coordinating practitioner can consult with and assess the person in relation to the application.

(3) In making a decision under subsection (2) about the reasonable steps that may be taken to facilitate the transfer of the person, the health entity must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

pt.5-div.3-sdiv.3 Administration of voluntary assisted dying substance

Subdivision 3 Administration of voluntary assisted dying substance

106 Administration of voluntary assisted dying substance

106 Administration of voluntary assisted dying substance

(1) This section applies if—

(a) the person has made an administration decision, and

(b) the person or the person’s agent advises the health entity that the person wishes to self-administer a voluntary assisted dying substance or have the person’s administering practitioner administer a voluntary assisted dying substance to the person, and

(c) the health entity does not provide, to persons to whom health care is provided at the health establishment, access to the administration of a voluntary assisted dying substance at the establishment.

(2) The health entity must take reasonable steps to facilitate the transfer of the person to a place where the person may be administered, or may self-administer, a voluntary assisted dying substance.

(3) In making a decision under subsection (2) about the reasonable steps that may be taken to facilitate the transfer of the person, the health entity must have regard to the following—

(a) whether the transfer would be likely to cause serious harm to the person,

(b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

(c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

(d) whether the place to which the person is proposed to be transferred is available to receive the person,

(e) whether the person would incur financial loss or costs because of the transfer.

pt.5-div.3-sdiv.4 Information about non-availability of voluntary assisted dying

Subdivision 4 Information about non-availability of voluntary assisted dying

107 Relevant entities to inform public about non-availability of voluntary assisted dying

107 Relevant entities to inform public about non-availability of voluntary assisted dying

(1) This section applies to a health entity that does not provide, at a health establishment at which the entity provides health care, services associated with voluntary assisted dying, including access to the request and assessment process or access to the administration of a voluntary assisted dying substance.

(2) The health entity must publish information about the fact the entity does not provide any services, or services of a specified type, associated with voluntary assisted dying at the health establishment.

(3) The health entity must publish the information in a way in which it is likely that persons who receive health care at the health establishment will become aware of the information.

Part 6 Review by Supreme Court

Part 6 Review by Supreme Court

108 Definitions

108 Definitions

In this Part—

eligible applicant means—

(a) a patient who is the subject of a decision referred to in section 109(1)(a)–(d), or

(b) a person who has been appointed by a patient mentioned in paragraph (a) as the patient’s agent—

(i) in writing, or

(ii) by other means the Supreme Court considers satisfactory in the circumstances, or

(c) another person who has a sufficient and genuine interest in the rights and interests of a patient referred to in paragraph (a) in relation to voluntary assisted dying.

party to the proceeding, in relation to a review application, means a party to the proceeding before the Supreme Court relating to the application.

review application, in relation to a patient, means an application under section 109(1) for a review of a decision made in relation to the patient.

reviewed decision, in relation to a review application, means the decision the subject of the application.

109 Application for review of certain decisions by Supreme Court

109 Application for review of certain decisions by Supreme Court

(1) An eligible applicant may apply to the Supreme Court for a review of any of the following decisions—

(a) a decision of a patient’s coordinating practitioner in a first assessment that the patient—

(i) at the time of making the first request, has or has not been ordinarily resident in New South Wales for a period of at least 12 months, or

(ii) has or does not have decision-making capacity in relation to voluntary assisted dying, or

(iii) is or is not acting voluntarily, or

(iv) is or is not acting because of pressure or duress,

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(b) a decision of a patient’s consulting practitioner in a consulting assessment that the patient—

(i) at the time of making the first request, has or has not been ordinarily resident in New South Wales for a period of at least 12 months, or

(ii) has or does not have decision-making capacity in relation to voluntary assisted dying, or

(iii) is or is not acting voluntarily, or

(iv) is or is not acting because of pressure or duress,

(c) a decision of a patient’s coordinating practitioner to make a statement in a final review form certifying that the coordinating practitioner is satisfied the patient—

(i) has or does not have decision-making capacity in relation to voluntary assisted dying, or

(ii) in requesting access to voluntary assisted dying—

(A) is or is not acting voluntarily, or

(B) is or is not acting because of pressure or duress, and

(d) a decision of the Board to refuse an application for a voluntary assisted dying substance authority in relation to a patient.

(2) A review of a reviewed decision—

(a) is to be dealt with as a new hearing, and

(b) evidence or information may be given in addition to, or in substitution for, the information given in relation to the reviewed decision.

110 Patient party to proceedings

110 Patient party to proceedings

If a review application is made in relation to a patient, the patient is a party to the proceeding whether or not the patient is the applicant for the review.

111 Consequences of review application

111 Consequences of review application

(1) This section applies if a review application is made in relation to a patient.

(2) If the request and assessment process in relation to the patient has not been completed—

(a) the request and assessment process is suspended, and

(b) no further step in the process is to be taken until the review application is decided or otherwise disposed of.

(3) If the request and assessment process in relation to the patient has been completed—

(a) the process for accessing voluntary assisted dying under Part 4 is suspended, and

(b) no step under that Part, including the prescription, supply or administration of a voluntary assisted dying substance, is to be taken in relation to the patient until the review application is decided or otherwise disposed of.

112 Review application taken to be withdrawn if patient dies

112 Review application taken to be withdrawn if patient dies

A review application made in relation to a patient is taken to be withdrawn if the patient dies.

113 Decision of Supreme Court

113 Decision of Supreme Court

In deciding a review application made in relation to a patient, the Supreme Court may decide that—

(a) at the time of making the first request, the patient had been ordinarily resident in New South Wales for a period of at least 12 months, or

(b) at the time of making the first request, the patient had not been ordinarily resident in New South Wales for a period of at least 12 months, or

(c) the patient has decision-making capacity in relation to voluntary assisted dying, or

(d) the patient does not have decision-making capacity in relation to voluntary assisted dying, or

(e) the patient is acting voluntarily, or

(f) the patient is not acting because of pressure or duress, or

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

(g) the patient is not acting voluntarily, or

(h) the patient is acting because of pressure or duress, or

(i) a ground to refuse to issue a voluntary assisted dying substance authority exists, or

(j) a ground to refuse to issue a voluntary assisted dying substance authority does not exist.