104Written declarations

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.