114Effect of decision under s 113(a), (c), (e), (f) or (j)

#### 114 Effect of decision under s 113(a), (c), (e), (f) or (j) 114 Effect of decision under s 113(a), (c), (e), (f) or (j) > > (1) If the Supreme Court makes a decision referred to in section 113(a), (c), (e), (f) or (j) on a review application made in relation to a patient— > > > > > (a) section 111 ceases to apply, and > > > > > (b) if the request and assessment process in relation to the patient had not been completed when the review application was made—the request and assessment process can be resumed, and > > > > > (c) if the request and assessment process in relation to the patient had been completed when the review application was made—the process under Part 4 can be resumed, and any step that is authorised under that Part can be taken, in relation to the patient, and > > > > > (d) if the Court sets aside the reviewed decision—subsection (2), (3) or (4) applies. > > > (2) If the reviewed decision set aside by the Supreme Court is a decision of a coordinating practitioner in a first assessment— > > > > > (a) the Court’s decision is substituted for the reviewed decision, and > > > > > (b) if the outcome of the first assessment would, but for the reviewed decision, have been that the patient was assessed as ineligible for access to voluntary assisted dying—the coordinating practitioner is taken to have made a first assessment assessing the patient as eligible for access to voluntary assisted dying. > > > (3) If the reviewed decision set aside by the Supreme Court is a decision of a consulting practitioner in a consulting assessment— > > > > > (a) the Court’s decision is substituted for the reviewed decision, and > > > > > (b) if the outcome of the consulting assessment would, but for the reviewed decision, have been that the patient was assessed as ineligible for access to voluntary assisted dying—the consulting practitioner is taken to have made a consulting assessment assessing the patient as eligible for access to voluntary assisted dying. > > > (4) If the reviewed decision set aside by the Supreme Court is a decision of a coordinating practitioner in a final review— > > > > > (a) the Court’s decision is substituted for the reviewed decision, and > > > > > (b) the final review form is taken to include— > > > > > > > (i) if the reviewed decision is a decision referred to in section 109(1)(c)(i)—a statement certifying that the coordinating practitioner is satisfied that the patient has decision-making capacity in relation to voluntary assisted dying, or > > > > > > > (ii) if the reviewed decision is a decision referred to in section 109(1)(c)(ii)(A)—a statement certifying that the coordinating practitioner is satisfied the patient is acting voluntarily in requesting access to voluntary assisted dying, or > > > > > > > (iii) if the reviewed decision is a decision referred to in section 109(1)(c)(ii)(B)—a statement certifying that the coordinating practitioner is satisfied the patient is not acting because of pressure or duress in requesting access to voluntary assisted dying. > > > > > > > > Note— > > > > > > > > See the definition of pressure or duress in the Dictionary in Schedule 1.