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Voluntary Assisted Dying Act 2024
16Coordinating practitioner to undertake first assessment
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16 Coordinating practitioner to undertake first assessment
(1) An individual’s coordinating practitioner must undertake an
assessment (a first assessment) to decide whether the individual—
(b) if the coordinating practitioner decides that the individual meets
the eligibility requirements—understands the information given
to them under subsection (3).
(2) For subsection (1) (b), in deciding whether an individual understands
information given to them, the following must be taken into account:
(a) an individual is capable of understanding the information if they
are capable of understanding the information with adequate and
appropriate support;
(b) an individual must not be treated as not understanding the
information unless all practicable steps to support them to
understand the information have been taken;
(c) an individual must not be treated as not understanding the
information only because they have impaired decision-making
capacity under another Act or in relation to another matter;
(d) an individual who moves between understanding and not
understanding information must, if practicable, be given the
opportunity to consider the information at a time when they are
most likely to understand it.
(3) If the coordinating practitioner decides that the individual meets the
eligibility requirements, the coordinating practitioner must give the
First request, coordinating practitioner and first assessment Division 3.1
(4) The coordinating practitioner may take the following into account
when undertaking the first assessment:
(a) any relevant information about the individual that has been
prepared by another person who, in the opinion of the
coordinating practitioner, has the appropriate skills and training
to provide the information;
(b) if the coordinating practitioner refers the individual to another
person for advice under section 17—any advice given by the
other person.