Voluntary Assisted Dying Act 2024
145Orders following review of reviewable decision
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145 Orders following review of reviewable decision (1) If the ACAT reviews a reviewable decision, the ACAT must, by order, decide that the individual— (a) for a reviewable decision mentioned in schedule 1, items 1, 2, 7, 8, 13, 14, 17 or 18— (i) has decision-making capacity in relation to voluntary assisted dying; or
Decisions of ACAT Division 10.4 (ii) does not have decision-making capacity in relation to (b) for a reviewable decision mentioned in schedule 1, items 3, 4, 9, 10, 15, 16, 19 or 20— (i) is acting voluntarily and without coercion; or (ii) is not acting voluntarily and without coercion; and (c) for a reviewable decision mentioned in schedule 1, items 5, 6, 11 or 12— (i) has lived in the ACT for at least the previous 12 months; or (ii) has not lived in the ACT for at least the previous 12 months. (2) An order made under subsection (1) takes effect— (a) on the day the order is made; or (b) if a later date is stated in the order—on the stated date.