NSWIn ForceAct
Voluntary Assisted Dying Act 2022
104Written declarations
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#### 104 Written declarations
104 Written declarations
> > (1) This section applies if—
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> > > (a) the person has been assessed as eligible for access to voluntary assisted dying, and
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> > > (b) the person or the person’s agent advises the health entity that the person wishes to make a written declaration, and
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> > > (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.
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> > (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.
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> > (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—
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> > > (a) whether the transfer would be likely to cause serious harm to the person,
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> > > (b) whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,
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> > > (c) whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,
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> > > (d) whether the place to which the person is proposed to be transferred is available to receive the person,
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> > > (e) whether the person would incur financial loss or costs because of the transfer.