109Application for review of certain decisions by Supreme Court

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