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 > > > > > (b) evidence or information may be given in addition to, or in substitution for, the information given in relation to the reviewed decision.