NSWIn ForceAct
Voluntary Assisted Dying Act 2022
43Patient assessed as eligible may make written declaration
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#### 43 Patient assessed as eligible may make written declaration
43 Patient assessed as eligible may make written declaration
> > (1) A patient may make a written declaration requesting access to voluntary assisted dying if the patient has been assessed as eligible for access to voluntary assisted dying by—
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> > > (a) the patient’s coordinating practitioner, and
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> > > (b) the patient’s consulting practitioner.
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> > (2) The written declaration must be—
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> > > (a) in the approved form, and
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> > > (b) given to the patient’s coordinating practitioner.
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> > (3) The written declaration must—
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> > > (a) state that the patient—
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> > > > (i) makes the declaration voluntarily, and
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> > > > (ii) does not make the declaration because of pressure or duress, and
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> > > > Note—
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> > > > See the definition of pressure or duress in the Dictionary in Schedule 1.
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> > > > (iii) understands its nature and effect, and
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> > > (b) be signed by the patient, or a person referred to in subsection (4), in the presence of 2 witnesses, and
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> > > (c) include the following—
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> > > > (i) the patient’s name, date of birth and contact details,
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> > > > (ii) if the patient was assisted by an interpreter—the interpreter’s name, contact details and accreditation details,
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> > > > (iii) the name and contact details of the patient’s coordinating practitioner.
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> > (4) A person may sign the written declaration on behalf of the patient if—
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> > > (a) the patient is unable to sign the declaration, and
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> > > (b) the patient directs the person to sign the declaration, and
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> > > (c) the person—
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> > > > (i) is an adult, and
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> > > > (ii) is not a witness to the signing of the declaration, and
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> > > > (iii) is not the coordinating practitioner or consulting practitioner for the patient making the declaration.
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> > (5) A person who signs the written declaration on behalf of the patient must do so in the patient’s presence.
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> > (6) If the patient makes the written declaration with the assistance of an interpreter, the interpreter must certify on the declaration that the interpreter provided a true and correct translation of any material translated.