113Decision of Supreme Court

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.