38Referral for opinion—other matters

#### 38 Referral for opinion—other matters 38 Referral for opinion—other matters > > (1) This section applies if the consulting practitioner is unable to decide whether— > > > > > (a) as required by section 16(1)(e), the patient has decision-making capacity in relation to voluntary assisted dying, or > > > > > > Example— > > > > > > due to a past or current mental illness of the patient > > > > > (b) as required by section 16(1)(f), the patient is acting voluntarily, or > > > > > (c) as required by section 16(1)(g), the patient is not acting because of pressure or duress. > > > > > > Note— > > > > > > See the definition of pressure or duress in the Dictionary in Schedule 1. > > > (2) The consulting practitioner must refer the patient to— > > > > > (a) if the consulting practitioner is unable to decide whether the patient has decision-making capacity in relation to voluntary assisted dying—a psychiatrist or another registered health practitioner who has appropriate skills and training to make a decision about the matter, or > > > > > (b) if the consulting practitioner is unable to decide whether the patient is or is not acting voluntarily or is or is not acting because of pressure or duress—a psychiatrist or another registered health practitioner or person who has appropriate skills and training to make a decision about the matter. > > > > Note— > > > > See section 181(2)(b) about guidelines that apply to the referral. > > > (3) If the consulting practitioner makes a referral under this section, the consulting practitioner may adopt the decision of the psychiatrist, other registered health practitioner or other person about the matter in relation to which the referral was made. > > > (4) A psychiatrist, registered health practitioner or other person to whom the patient is referred under this section must not be— > > > > > (a) a family member of the patient, or > > > > > (b) a person who knows or believes that they— > > > > > > > (i) are a beneficiary under a will of the patient, or > > > > > > > (ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.