Voluntary Assisted Dying Regulation 2025 (ACT)

Mechanically, the Voluntary Assisted Dying Regulation 2025 fills in detailed operational requirements and documentary particularities required by the Voluntary Assisted Dying Act 2024. It prescribes what information must be given to an individual at different stages (first request, assessments, before prescription) (see s 5, s 6, s 13, s 14), the specific items that must appear in assessment and administration records (see s 7, s 8, s 9, s 10, s 28), eligibility and training requirements for suppliers, disposers and couriers (see s 12, s 17, s 18, s 20), storage and disposal rules for approved substances (see s 25, s 27), the details required for applications and for the register of authorised practitioners (see s 31, s 35), requirements attaching to authorisation and ongoing refresher training (see s 32 to s 34), facility operator policy content (see s 37), and the quantitative and disaggregated items the oversight board must keep about requests and access (see s 38).

The regulation prescribes precise documentary form and content. Examples include a label requirement that must state the dose is intended to cause death (s 15(b)), a prescription content checklist including a signed endorsement certifying the request and assessment process is complete (s 14(1)(f) to (h)), and the information that must accompany a contact person appointment (s 11). It mandates that certain supply and courier roles be performed by health practitioners who are public servants working in Canberra Health Services (s 12(a)(ii); s 20). It requires approved disposers to personally dispose of substances and to comply with the Medicines, Poisons and Therapeutic Goods Act 2008 procedures for discarding controlled medicines, even if the substance is not a controlled medicine (s 25(1)(a) to (b)).

The regulation also operationalises safeguards the Act refers to. It sets out what counts as disqualifying findings for practitioner authorisation (pt 4, especially s 30), requires disclosure and periodic refresher training for authorised practitioners (s 32 to s 34), and defines the Board’s data collection obligations down to age, suburb or town, language used at home and whether an interpreter was used (s 38(1)(m) and (n)). Commencement details are recorded in the endnotes, with most provisions commencing 3 November 2025 and the name and dictionary (ss 1, 3) commencing earlier (endnotes, legislation history).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Voluntary Assisted Dying Regulation 2025 SL2025-19 made under the Voluntary Assisted Dying Act 2024 Republication No 1 Effective: 3 November 2025 Republication date: 3 November 2025 Regulation not amended

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Voluntary Assisted Dying Regulation 2025, made under the Voluntary Assisted Dying Act 2024 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 3 November 2025. It also includes any commencement, repeal or expiry affecting this republished law to 3 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Voluntary Assisted Dying Regulation 2025 made under the Voluntary Assisted Dying Act 2024 Contents Page Part 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 Part 2 Request and assessment process for voluntary assisted dying 5 Information to be given to individual after acceptance of first request— Act, s 14 (3) (a) 3 6 Information to be given to individual after first assessment and consulting assessment—Act, s 16 (3) and s 23 (3) 4

Contents Page contents 2 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Information for first assessment report—Act, s 18 (1) (a) (ii) 5 8 Information for consulting assessment report—Act, s 25 (1) (a) (ii) 7 9 Information for final request report—Act, s 34 (1) (a) 8 10 Information for final assessment report—Act, s 36 (2) (b) 8 Part 3 Accessing voluntary assisted dying and death 11 Information for contact person appointment—Act, s 51 (4) (c) 9 12 Eligibility requirements for approved suppliers and approved disposers—Act, s 57 (2) 10 13 Information to be given to individual before first prescription—Act, s 58 (1) (d) 10 14 Information for prescription—Act, s 58 (3) and s 59 (3) 12 15 Labelling requirements for approved substances—Act, s 60 (3) (c) 13 16 Other requirements for supplying approved substances—self- administration decision in effect—Act, s 60 (3) (d) 13 17 Circumstances for using courier to supply approved substance—Act, s 60 (3) (f) (ii) 14 18 Requirements for couriers supplying approved substance—Act, s 60 (6) 14 19 Information for supply record—Act, s 60 (7) (a) 15 20 Requirements for couriers—Act, s 60 (10), def courier 16 21 Information for written notice about original administering practitioner giving approved substance to new administering practitioner—Act, s 65 (6) 16 22 Information for written notice about original contact person giving approved substance to another person—Act, s 67 (6) 17 23 Information for written record of receipt of approved substance received for disposal—Act, s 73 (2) (a) 17 24 Information for written notice about receipt of approved substance received for disposal—Act, s 73 (2) (b) 17 25 Disposal requirements—Act, s 73 (2) (d) 18 26 Information for disposal record—Act, s 73 (3) (a) 19 27 Storage requirements for approved substances—Act, s 74 19 28 Matters to be certified in administration certificate—Act, s 81 (3) (d) 22

Contents Page R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Requirements for coordinating practitioners, consulting practitioners and administering practitioners 29 Definitions—pt 4 24 30 Meaning of disqualifying finding—pt 4 25 31 Information for application for authorisation—Act, s 88 (2) (b) 27 32 Eligibility requirements for authorisation as authorised coordinating practitioner or authorised consulting practitioner—Act, s 89 (1) (b) 28 33 Eligibility requirements for authorisation as authorised administering practitioner—Act, s 89 (2) (b) 29 34 Authorisation conditions—Act, s 93 (1) (b) 29 35 Information for register of authorised practitioners—Act, s 96 (2) 30 Part 5 Conscientious objections—health practitioners and health service providers 36 Relevant health service providers—Act, s 100 (4), def relevant health service provider 31 Part 6 Obligations of facility operators 37 Requirements for policy—Act, s 108 (1) (b) 32 Part 7 Voluntary assisted dying oversight board 38 Information to be kept by board about requests for, or access to, voluntary assisted dying—Act, s 119 (1) (d) 33 39 Number of members required for valid vote—Act, s 122 (1) (a) 36 40 Number of votes required for valid decision—Act, s 122 (1) (b) 36 Part 8 Review of coordinating practitioner, consulting practitioner and administering practitioner decisions 41 Information for reviewable decision notice—Act, s 135 (1) 37 Part 9 Miscellaneous 42 Information for application for residency exemption—Act, s 154 (2) (c) 38 43 Requirements for counsellors—Act, s 155 (3), def relevant health professional, par (a) 39

Contents Page contents 4 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44 Requirements for social workers—Act, s 155 (3), def relevant health professional, par (c) 39 45 Requirements for other health professionals—Act, s 155 (3), def relevant health professional, par (d) 40 Dictionary 41 Endnotes 1 About the endnotes 43 2 Abbreviation key 43 3 Legislation history 44 4 Amendment history 44

R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Voluntary Assisted Dying Regulation 2025 made under the Voluntary Assisted Dying Act 2024

Part 1 Preliminary Section 1 page 2 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Voluntary Assisted Dying Regulation 2025. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘condition—see the Act, section 11 (2).’ means that the term ‘condition’ is defined in that subsection and the definition applies to this regulation. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation.

Request and assessment process for voluntary assisted dying Part 2 Section 5 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Request and assessment process for voluntary assisted dying 5 Information to be given to individual after acceptance of first request—Act, s 14 (3) (a) (1) The following information is prescribed: (a) information about the request and assessment process, including the requirements that must be met for an individual to be found eligible to access voluntary assisted dying; (b) information about the process for an individual to access voluntary assisted dying after the request and assessment process for the individual is complete; (c) a statement that if the request and assessment process is complete for an individual, the individual may choose to self-administer an approved substance or have an approved substance administered to them by a health practitioner; (d) information about the functions of authorised practitioners and other health practitioners who may be involved in relation to an individual who has decided to access voluntary assisted dying; (e) information about the functions of an individual’s contact person; (f) a statement about the effect of the Act, section 136 (1) (Making application for review of reviewable decision) and which decisions made under the Act are reviewable decisions; (g) a statement about how information about an individual who has made a request to access voluntary assisted dying may be used or disclosed;

Part 2 Request and assessment process for voluntary assisted dying Section 6 page 4 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) a statement about the services for support and care available to an individual who has been diagnosed with a relevant condition, including palliative care options; (i) the likely expenses for an individual who decides to access voluntary assisted dying; (j) the role of the board. (2) For this section, a request and assessment process for an individual is complete if the individual’s coordinating practitioner has prepared a final assessment report for the individual under the Act, section 36 (2). (3) In this section: relevant condition means a condition that, either on its own or in combination with 1 or more other diagnosed conditions, is expected to cause the death of an individual. reviewable decision—see the Act, section 134. 6 Information to be given to individual after first assessment and consulting assessment—Act, s 16 (3) and s 23 (3) (1) The following information is prescribed: (a) the individual’s diagnosis and prognosis; (b) the treatment options available to the individual; (c) the likely outcome of the treatment options; (d) the palliative care options available to the individual; (e) the likely outcome of the palliative care options; (f) information about the request and assessment process, including the requirement for an individual’s second request to be signed in the presence of 2 eligible witnesses;

Request and assessment process for voluntary assisted dying Part 2 Section 7 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) a statement that the individual may choose to self-administer an approved substance or have an approved substance administered to them by a health practitioner; (h) the potential complications of an approved substance being administered by or to the individual; (i) a statement that death of the individual is the expected outcome of an approved substance being administered by or to the individual; (j) a statement about the effect of the Act, section 9 (1) (No obligation to continue with request to access voluntary assisted dying); (k) a statement that the individual may wish to tell their other treating health practitioners that they have made a request to access voluntary assisted dying. (2) In this section: eligible witness—see the Act, section 27 (6). 7 Information for first assessment report—Act, s 18 (1) (a) (ii) (1) The following information is prescribed: (a) the individual’s name; (b) the individual’s date of birth; (c) the individual’s home address; (d) the individual’s gender identity (if known); (e) if the coordinating practitioner decides the individual meets the eligibility requirement mentioned in the Act, section 11 (1) (b)—the individual’s condition or conditions that meet the requirement;

Part 2 Request and assessment process for voluntary assisted dying Section 7 page 6 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) the reasons why the coordinating practitioner decided the individual’s condition or conditions are or are not advanced, progressive and expected to cause death; (g) whether the individual has a disability other than a condition that meets the eligibility requirement mentioned in the Act, section 11 (1) (b) (if known); (h) whether the individual is an Aboriginal or Torres Strait Islander person (if known); (i) whether the individual is from a culturally and linguistically diverse background (if known); (j) the language used by the individual at home (if known); (k) whether the individual used an interpreter during the first assessment; (l) the day the individual made the first request; (m) the day the coordinating practitioner accepted the individual’s first request; (n) the day the coordinating practitioner made their decision on the first assessment. (2) In this section: advanced—see the Act, section 11 (3). gender identity—see the Discrimination Act 1991, dictionary. progressive—see the Act, section 11 (7).

Request and assessment process for voluntary assisted dying Part 2 Section 8 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Information for consulting assessment report—Act, s 25 (1) (a) (ii) (1) The following information is prescribed: (a) the individual’s name; (b) the individual’s date of birth; (c) the individual’s home address; (d) if the consulting practitioner decides the individual meets the eligibility requirement mentioned in the Act, section 11 (1) (b)—the individual’s condition or conditions that meet the requirement; (e) the reasons why the consulting practitioner decided the individual’s condition or conditions are or are not advanced, progressive and expected to cause death; (f) whether the individual has a disability other than a condition that meets the eligibility requirement mentioned in the Act, section 11 (1) (b) (if known); (g) whether the individual used an interpreter during the consulting assessment; (h) the day the consulting practitioner made their decision on the consulting assessment. (2) In this section: advanced—see the Act, section 11 (3). progressive—see the Act, section 11 (7).

Part 2 Request and assessment process for voluntary assisted dying Section 9 page 8 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Information for final request report—Act, s 34 (1) (a) The following information is prescribed: (a) the individual’s name; (b) the individual’s date of birth; (c) the individual’s home address; (d) the day the individual made the final request; (e) whether the individual used an interpreter to make the final request; (f) a statement that the individual’s final request met the requirements mentioned in the Act, section 32 (2). 10 Information for final assessment report—Act, s 36 (2) (b) The following information is prescribed: (a) the individual’s name; (b) the individual’s date of birth; (c) the individual’s home address; (d) the coordinating practitioner’s decision about— (i) whether the individual has decision-making capacity in relation to voluntary assisted dying; and (ii) whether the individual’s decision to access voluntary assisted dying is made voluntarily and without coercion; (e) whether the individual used an interpreter during the final assessment; (f) the day the coordinating practitioner made their decision on the final assessment.

Accessing voluntary assisted dying and death Part 3 Section 11 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Accessing voluntary assisted dying and death 11 Information for contact person appointment—Act, s 51 (4) (c) The following information is prescribed: (a) the name and telephone number of the individual; (b) the name, home address or business address and telephone number of the person being appointed as the individual’s contact person (the appointee); (c) a statement that the appointee— (i) is an adult; and (ii) consents to the appointment; and (iii) acknowledges the functions and obligations of a contact person under the Act, including the obligations under the Act, section 69 (Giving approved substances to approved disposer if individual dies or contact person appointment ends—contact person); (d) if the contact person appointment is prepared by another person under the Act, section 51 (4) (b) (ii)— (i) the name of the person who prepared the appointment; and (ii) a statement that the person is an adult; and (iii) a statement that the person prepared the appointment; and (iv) a statement that the individual asked the person to prepare the appointment.

Part 3 Accessing voluntary assisted dying and death Section 12 page 10 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Eligibility requirements for approved suppliers and approved disposers—Act, s 57 (2) The following eligibility requirements are prescribed: (a) the health practitioner is— (i) a pharmacist; and (ii) a public servant working in Canberra Health Services; (b) the health practitioner has successfully completed any pharmacist training approved by the chief executive officer of Canberra Health Services. 13 Information to be given to individual before first prescription—Act, s 58 (1) (d) (1) The following information is prescribed: (a) the medicine that constitutes the approved substance; (b) a statement that the individual is under no obligation to proceed with the administration of the approved substance; (c) the business address and telephone number of an approved disposer who is authorised to dispose of the approved substance; (d) if the individual has a practitioner administration decision in effect— (i) the method by which the approved substance will be administered to the individual; and (ii) the expected effects on the individual of the approved substance being administered to the individual; and (iii) the period in which the individual is likely to die after the approved substance is administered to the individual; and (iv) the potential complications of the approved substance being administered to the individual;

Accessing voluntary assisted dying and death Part 3 Section 13 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) if the individual has a self-administration decision in effect— (i) the business address and telephone number of an approved supplier who can supply the approved substance to the individual; and (ii) a statement about the storage requirements and liability under the Act, section 74 (Storage of approved substances); and (iii) details about how the individual can prepare and self-administer the approved substance; and (iv) the period during which a prescription for the approved substance is valid; and (v) a statement about the effect of the Act, section 68 (Giving approved substances to approved disposer if administration decision revoked—individual or contact person); and (vi) a statement about the effect of the Act, section 69 (Giving approved substances to approved disposer if individual dies or contact person appointment ends—contact person); and (vii) the expected effects on the individual of self-administering the approved substance; and (viii) the period in which the individual is likely to die after self-administering the approved substance; and (ix) the potential complications of the individual self-administering the approved substance. (2) The information mentioned in subsection (1) must be given to the individual orally and in writing.

Part 3 Accessing voluntary assisted dying and death Section 14 page 12 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Information for prescription—Act, s 58 (3) and s 59 (3) (1) The following information is prescribed: (a) the prescriber’s name, business address and telephone number; (b) the day the prescription is issued; (c) the name, date of birth, home address and telephone number of the individual for whom the approved substance is prescribed; (d) the approved substance, and the form, strength and quantity of the substance, to be dispensed under the prescription; (e) a statement that the prescription is for a medicine intended to be used for voluntary assisted dying; (f) a statement certifying that— (i) the request and assessment process for the individual is complete; and (ii) the individual has made an administration decision; (g) whether the individual has a practitioner administration decision or self-administration decision in effect when the prescription is issued; (h) a statement, endorsed by the prescriber’s signature, acknowledging that the prescription was issued by the prescriber. (2) For this section, a request and assessment process for an individual is complete if the individual’s coordinating practitioner has prepared a final assessment report for the individual under the Act, section 36 (2).

Accessing voluntary assisted dying and death Part 3 Section 15 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Labelling requirements for approved substances—Act, s 60 (3) (c) A label that includes the following information must be attached to the container or packaging of an approved substance: (a) the information mentioned in the Medicines, Poisons and Therapeutic Goods Regulation 2008, section 123; (b) a statement that the purpose of the dose of the substance is to cause death; (c) a statement about the storage requirements and liability under the Act, section 74 (Storage of approved substances); (d) a statement that any unused approved substance must be disposed of in accordance with the Act. 16 Other requirements for supplying approved substances— self-administration decision in effect—Act, s 60 (3) (d) (1) This section applies if, when supplying an approved substance for an individual, an approved supplier is satisfied on reasonable grounds that the individual has a self-administration decision in effect. (2) The approved supplier must give the information mentioned in section 13 (1) to the person to whom the approved substance is supplied. (3) The approved supplier must give the information to the person— (a) orally; and (b) in writing if the person— (i) tells the supplier that the individual for whom the substance is supplied does not have the information in writing; or (ii) asks the supplier to give them the information in writing.

Part 3 Accessing voluntary assisted dying and death Section 17 page 14 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Circumstances for using courier to supply approved substance—Act, s 60 (3) (f) (ii) The circumstances prescribed are— (a) the individual has a practitioner administration decision in effect; and (b) the approved supplier keeps a written record that includes— (i) the name of the courier used to supply the approved substance to the person; and (ii) the date and time the courier received the approved substance from the supplier; and (c) the approved supplier ensures that— (i) the approved substance is contained in a package; and (ii) the package does not indicate that it contains an approved substance; and (iii) the package contains a document that includes a statement that the contents of the package include a medicine that is intended to be used for voluntary assisted dying; and (iv) the package is addressed to the person to whom the substance is being supplied. 18 Requirements for couriers supplying approved substance—Act, s 60 (6) (1) A courier who delivers a package containing an approved substance under the Act, section 60 (5) (c)— (a) must not open or otherwise interfere with the package or its contents; and

Accessing voluntary assisted dying and death Part 3 Section 19 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) must, when delivering the substance, obtain written notice from the person to whom the substance is delivered (a delivery confirmation) that— (i) states the courier gave the substance to the person; and (ii) is signed and dated by the person to whom the substance was given; and (c) must give the delivery confirmation to the approved supplier for whom they delivered the substance. (2) In this section: interfere with a package or its contents includes— (a) damaging or destroying the package or its contents; and (b) spoiling or contaminating the contents of the package. 19 Information for supply record—Act, s 60 (7) (a) The following information is prescribed: (a) the name, date of birth, home address and telephone number of the individual for whom the approved substance was prescribed; (b) the name of the approved supplier; (c) the day the approved substance was supplied; (d) a statement that— (i) the approved supplier was satisfied about the matters mentioned in the Act, section 60 (3) (b); and (ii) the approved supplier complied with the labelling requirements under section 15 (Labelling requirements for approved substances—Act, s 60 (3) (c)); and

Part 3 Accessing voluntary assisted dying and death Section 20 page 16 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) if the individual for whom the approved substance was supplied had a self-administration decision in effect when the substance was supplied—the approved supplier complied with the supply requirements under section 16 (Other requirements for supplying approved substances— self-administration decision in effect—Act, s 60 (3) (d)); and (iv) if the Act, section 60 (3) (e) applies—the approved supplier was satisfied of a matter mentioned in the Act, section 60 (3) (e) (i) or (ii). 20 Requirements for couriers—Act, s 60 (10), def courier The person must be— (a) a health practitioner; and (b) a public servant working in Canberra Health Services. 21 Information for written notice about original administering practitioner giving approved substance to new administering practitioner—Act, s 65 (6) The following information is prescribed: (a) the name, business address and telephone number of the new administering practitioner; (b) the day the original administering practitioner gave the approved substance to the new administering practitioner.

Accessing voluntary assisted dying and death Part 3 Section 22 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 Information for written notice about original contact person giving approved substance to another person— Act, s 67 (6) The following information is prescribed: (a) the name, home address or business address and telephone number of the new contact person; (b) the day the original contact person gave the approved substance to the person mentioned in the Act, section 67 (2). 23 Information for written record of receipt of approved substance received for disposal—Act, s 73 (2) (a) The following information is prescribed: (a) the name of the approved disposer; (b) the name of the person who gave the approved substance to the approved disposer (if known); (c) a statement that the approved disposer received the approved substance from the person; (d) the day the approved disposer received the approved substance from the person; (e) a statement, endorsed by the approved disposer’s signature, acknowledging the truth of the information in the written record; (f) the day the approved disposer signed the written record. 24 Information for written notice about receipt of approved substance received for disposal—Act, s 73 (2) (b) The following information is prescribed: (a) the name of the approved disposer; (b) the name of the person who gave the approved substance to the approved disposer (if known);

Part 3 Accessing voluntary assisted dying and death Section 25 page 18 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the day the approved disposer received the approved substance; (d) the name, date of birth, home address and telephone number of the individual for whom the approved substance was prescribed; (e) a statement, endorsed by the approved disposer’s signature, acknowledging the truth of the information in the written record; (f) the day the approved disposer signed the written record. 25 Disposal requirements—Act, s 73 (2) (d) (1) The following disposal requirements are prescribed: (a) the approved disposer must personally dispose of the approved substance; (b) the approved disposer must comply with the requirements for discarding a controlled medicine under the Medicines, Poisons and Therapeutic Goods Act 2008 when disposing of the approved substance, even if the approved substance is not a controlled medicine. Note A controlled medicine must be discarded in accordance with any prescribed requirements (see Medicines, Poisons and Therapeutic Goods Act 2008, s 34 (1)). The Medicines, Poisons and Therapeutic Goods Regulation 2008, s 390 prescribes the requirements for discarding a controlled medicine. (2) In this section: controlled medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (2).

Accessing voluntary assisted dying and death Part 3 Section 26 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26 Information for disposal record—Act, s 73 (3) (a) The following information is prescribed: (a) the name, home address and telephone number of the individual for whom the approved substance was prescribed; (b) the name of the person who gave the approved substance to the approved disposer (if known); (c) the name of the approved disposer; (d) the day the approved substance was received by the approved disposer; (e) the day the approved disposer disposed of the approved substance; (f) a statement, endorsed by the approved disposer’s signature, acknowledging the truth of the information in the written record; (g) the day the approved disposer signed the written record. 27 Storage requirements for approved substances—Act, s 74 (1) This section applies to the following people when in possession of an approved substance: (a) an individual who has or had a self-administration decision in effect (a relevant individual); (b) a person who is or was the contact person for a relevant individual (a relevant contact person); (c) a person who is or was an administering practitioner for an individual who has or had a practitioner administration decision in effect (a relevant administering practitioner).

Part 3 Accessing voluntary assisted dying and death Section 27 page 20 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The person must— (a) store the substance in a suitable receptacle at all times other than when the substance is being prepared, administered or given to an approved disposer; and (b) keep the receptacle locked at all times other than when the substance is being prepared, administered or given to an approved disposer. (3) The relevant individual must— (a) keep the suitable receptacle in a place and manner that ensures their contact person can access the receptacle; and (b) tell their contact person the address of the place where the receptacle is kept; and (c) if the receptacle is unlocked by a combination lock—keep the combination confidential other than to give the combination to their contact person for 1 or more of the following purposes: (i) the preparation of the substance; (ii) the administration of the substance; (iii) giving the substance to an approved disposer; and (d) if the receptacle is unlocked by a key— (i) keep personal custody of the key; or (ii) keep the key in a place that is not the same place as where the receptacle is kept; or (iii) give the key to their contact person. (4) If the relevant individual gives their contact person the combination for a purpose mentioned in subsection (3) (c) (i) to (iii), the contact person must keep the combination confidential.

Accessing voluntary assisted dying and death Part 3 Section 27 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If the relevant individual gives the key to their contact person under subsection (3) (d) (iii), the contact person must— (a) do 1 of the following: (i) keep personal custody of the key; (ii) keep the key in a place that is not the same place as where the receptacle is kept; (iii) if the individual asks to be given the key—give the key to the individual; and (b) if the contact person keeps the key in a place under paragraph (a) (ii)—tell the individual the address and location of the place where the key is kept. (6) The relevant contact person must— (a) keep the suitable receptacle in a place and manner that ensures the relevant individual can access the receptacle; and (b) tell the relevant individual the address of the place where the receptacle is kept; and (c) if the receptacle is unlocked by a combination lock— (i) give the combination to the relevant individual; and (ii) otherwise keep the combination confidential; and (d) if the receptacle is unlocked by a key— (i) give the key to the relevant individual; or (ii) if the relevant individual asks the relevant contact person to keep custody of the key— (A) keep personal custody of the key; or (B) keep the key in a place that is not the same place as where the receptacle is kept; and

Part 3 Accessing voluntary assisted dying and death Section 28 page 22 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) if the receptacle is unlocked by a key and the relevant individual asks the relevant contact person to keep custody of the key—tell the relevant individual the address and location of the place where the key is kept; and (f) if the relevant individual asks for the receptacle—give the receptacle to the individual; and (g) if the relevant contact person gives the receptacle to the individual under paragraph (f)—give the key to the relevant individual. (7) The relevant administering practitioner must— (a) if the suitable receptacle is unlocked by a combination lock— keep the combination confidential; and (b) if the receptacle is unlocked by a key— (i) keep personal custody of the key; or (ii) keep the key in a place that is not the same place as where the receptacle is kept. (8) In this section: suitable receptacle means a receptacle that— (a) is not easily penetrable; and (b) is locked with a lock of sturdy construction. 28 Matters to be certified in administration certificate—Act, s 81 (3) (d) The following information is prescribed: (a) the name and date of birth of the individual; (b) the name, business address and telephone number of the administering practitioner;

Accessing voluntary assisted dying and death Part 3 Section 28 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the date and time the approved substance was administered to the individual; (d) the address of the place where the administering practitioner administered the approved substance to the individual; (e) if the administering practitioner was present when the individual died— (i) the date and time of the individual’s death; and (ii) the time between the substance being administered to the individual and the individual’s death; (f) if the administering practitioner was not present when the individual died— (i) the estimated time of the individual’s death; and (ii) the estimated time between the substance being administered to the individual and the individual’s death; (g) details of any complications relating to the administration of the approved substance to the individual; (h) the name, date of birth, home address or business address and telephone number of the witness to the administration of the approved substance; (i) a statement, endorsed by the administering practitioner’s signature, acknowledging the truth of the information in the administering certificate; (j) the day the administering practitioner signed the administration certificate.

Part 4 Requirements for coordinating practitioners, consulting practitioners and administering practitioners Section 29 page 24 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Requirements for coordinating practitioners, consulting practitioners and administering practitioners 29 Definitions—pt 4 (1) In this part: adverse finding, in relation to a health practitioner, means any of the following: (a) a finding that results in health, conduct or performance action being taken against the practitioner; (b) a substantiated claim or complaint about, or adverse finding made against, the practitioner by— (i) a registration authority; or (ii) any other professional, ethical standards or disciplinary body in Australia or outside Australia; Example—par (ii) The Royal Australian College of General Practitioners (c) a conviction or finding of guilt for an offence whether in Australia or elsewhere. disqualifying finding, in relation to a health practitioner—see section 30. health, conduct or performance action—see the Health Practitioner Regulation National Law (ACT), section 5. registration authority—see the Health Practitioner Regulation National Law (ACT), section 5.

Requirements for coordinating practitioners, consulting practitioners and administering practitioners Part 4 Section 30 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au registration number, of a health practitioner, means the registration number or code mentioned in the Health Practitioner Regulation National Law (ACT), section 225 (c). relevant area of practice, for a nurse or nurse practitioner, means practice in an area requiring skills relevant to voluntary assisted dying. Examples—relevant area of practice palliative care, supportive care, anaesthetics, emergency medicine, geriatrics, aged care, general medicine, general practice, primary health care, haematology, intensive care medicine, medical oncology, radiation oncology, neurology, complex chronic care 30 Meaning of disqualifying finding—pt 4 (1) For this part, a disqualifying finding, in relation to a health practitioner, means any of the following adverse findings: (a) a finding that the practitioner unlawfully provided or authorised the medical treatment of a person without consent for the treatment being given; (b) a finding that the practitioner coerced a person; (c) a finding in relation to relevant misconduct of the practitioner if— (i) the finding results in health, conduct or performance action being taken against the practitioner; and (ii) the health, conduct or performance action results in a condition being placed on the practitioner’s registration as a health practitioner; (d) a finding against the practitioner if— (i) the finding results in health, conduct or performance action being taken against the practitioner; and

Part 4 Requirements for coordinating practitioners, consulting practitioners and administering practitioners Section 30 page 26 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the health, conduct or performance action results in a condition being placed on the practitioner’s registration as a health practitioner; and (iii) the condition prevents the practitioner from carrying out a function of an authorised coordinating practitioner. Example—par (d) As a consequence of health, conduct or performance action taken against a doctor, they have a condition placed on their registration that prevents them from prescribing certain medicines used for voluntary assisted dying. This condition prevents the doctor from being able to carry out all the functions of an authorised coordinating practitioner because they are not able to prescribe all the medicines necessary for an individual accessing voluntary assisted dying. (2) For subsection (1) (c) and (d), a finding against a health practitioner is a disqualifying finding only while the condition applies to the practitioner’s registration as a health practitioner. (3) In this section: controlled medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (2). prescription only medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (2). relevant misconduct, of a health practitioner, means any of the following conduct: (a) the practitioner misappropriating a controlled medicine or prescription only medicine; (b) the practitioner treating a patient if the practitioner knows or believes that they— (i) are a beneficiary under the will of the patient; or (ii) may otherwise benefit financially or in any other material way (other than by receiving reasonable fees for the provision of services) from treating the patient;

Requirements for coordinating practitioners, consulting practitioners and administering practitioners Part 4 Section 31 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the practitioner giving false or misleading information to— (i) a registration authority; or (ii) any other professional, ethical standards or disciplinary body in Australia or outside Australia. Example—par (ii) The Royal Australian College of General Practitioners 31 Information for application for authorisation—Act, s 88 (2) (b) (1) The following information is prescribed: (a) the name, business address and telephone number of the health practitioner; (b) the health practitioner’s registration number; (c) any adverse finding made against the health practitioner; (d) any notification made about the health practitioner under the Health Practitioner Regulation National Law (ACT); (e) details about the health profession the practitioner holds registration in and how long the health practitioner has held the registration; (f) if the health practitioner has previously been registered in a health profession other than the health profession mentioned in paragraph (e)—details about the previous registration and the period the health practitioner held the registration; (g) any recent and relevant clinical practice undertaken by the health practitioner; Examples—recent and relevant clinical practice providing palliative care, undertaking patient assessment, undertaking clinical decision making (h) if the health practitioner is a doctor—their area of specialisation;

Part 4 Requirements for coordinating practitioners, consulting practitioners and administering practitioners Section 32 page 28 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (i) if the health practitioner is a nurse practitioner or registered nurse—their relevant area of practice. (2) In this section: health profession—see the Health Practitioner Regulation National Law (ACT), section 5. 32 Eligibility requirements for authorisation as authorised coordinating practitioner or authorised consulting practitioner—Act, s 89 (1) (b) (1) The following eligibility requirements are prescribed: (a) the health practitioner has completed any authorised practitioner training approved by the director-general; (b) the health practitioner has told the director-general about— (i) any adverse finding made against the practitioner; and (ii) any notification made about the health practitioner under the Health Practitioner Regulation National Law (ACT); (c) the health practitioner has not had a disqualifying finding made against them; (d) if the health practitioner is a doctor—the doctor— (i) holds specialist registration and has practised for at least 1 year as the holder of that registration; or (ii) holds general registration and has practised for at least 5 years as the holder of that registration; or (iii) holds specialist registration and has practised for at least 5 years as the holder of general registration; (e) if the health practitioner is a nurse practitioner—they have at least 1 year of experience as a nurse practitioner in a relevant area of practice.

Requirements for coordinating practitioners, consulting practitioners and administering practitioners Part 4 Section 33 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In this section: specialist registration means specialist registration under the Health Practitioner Regulation National Law (ACT) in the medical profession. 33 Eligibility requirements for authorisation as authorised administering practitioner—Act, s 89 (2) (b) The following eligibility requirements are prescribed: (a) the health practitioner has completed any authorised practitioner training approved by the director-general; (b) the health practitioner has told the director-general about— (i) any adverse finding made against the practitioner; and (ii) any notification made about the health practitioner under the Health Practitioner Regulation National Law (ACT); (c) the health practitioner has not had a disqualifying finding made against them; (d) if the health practitioner is a registered nurse—they have at least 5 years of experience as a registered nurse. 34 Authorisation conditions—Act, s 93 (1) (b) The following conditions are prescribed: (a) the authorised practitioner must, every 3 years after the day the practitioner becomes an authorised practitioner, successfully complete any authorised practitioner refresher training approved by the director-general; (b) the authorised practitioner must tell the director-general, in writing, about the following matters within 7 days after the day the practitioner becomes aware of the matter: (i) any adverse finding made against the practitioner;

Part 4 Requirements for coordinating practitioners, consulting practitioners and administering practitioners Section 35 page 30 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) any change to the practitioner’s registration as a health practitioner; (iii) any notification made about the practitioner under the Health Practitioner Regulation National Law (ACT); (c) any condition placed on the health practitioner’s registration as a health practitioner. 35 Information for register of authorised practitioners—Act, s 96 (2) The following details about an authorised practitioner are prescribed: (a) the name, business address and telephone number of the practitioner; (b) the practitioner’s registration number; (c) the day the director-general authorised the practitioner; (d) whether the practitioner is authorised as an authorised coordinating practitioner, authorised consulting practitioner or authorised administering practitioner; (e) if the practitioner is a doctor—their area of specialisation; (f) if the practitioner is a nurse practitioner or registered nurse— their relevant area of practice; (g) any conditions on the practitioner’s authorisation, other than the conditions mentioned in section 34 (a) and (b).

Conscientious objections—health practitioners and health service providers Part 5 Section 36 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Conscientious objections— health practitioners and health service providers 36 Relevant health service providers—Act, s 100 (4), def relevant health service provider (1) The following are prescribed: (a) a social worker; (b) a speech pathologist. (2) In this section: social worker means an individual with a qualification that provides eligibility for a practising membership, other than a student membership or retirement membership, with the Australian Association of Social Workers Limited. speech pathologist means an individual with a qualification that provides eligibility for a practising membership with The Speech Pathology Association of Australia Limited.

Part 6 Obligations of facility operators Section 37 page 32 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Obligations of facility operators 37 Requirements for policy—Act, s 108 (1) (b) (1) The following requirements are prescribed: (a) the policy must include the contact details for the approved care navigator service; (b) the policy must state whether the operator of the facility provides residents of the facility with access to a relevant service; (c) the policy must include a statement about the effect of the Act, section 109 (Facility operator must not withdraw or refuse to provide care service). (2) In this section: relevant service—see the Act, section 102 (2).

Voluntary assisted dying oversight board Part 7 Section 38 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Voluntary assisted dying oversight board 38 Information to be kept by board about requests for, or access to, voluntary assisted dying—Act, s 119 (1) (d) (1) The following information is prescribed: (a) the number of individuals who underwent a first assessment; (b) the number of individuals who were eligible to access voluntary assisted dying after undergoing a first assessment; (c) the number of individuals who were ineligible to access voluntary assisted dying after undergoing a first assessment; (d) the number of individuals who underwent a consulting assessment; (e) the number of individuals who were eligible to access voluntary assisted dying after undergoing a consulting assessment; (f) the number of individuals who were ineligible to access voluntary assisted dying after undergoing a consulting assessment; (g) the number of individuals who made a second request; (h) the number of individuals who made a final request; (i) the number of individuals who were eligible to access voluntary assisted dying after undergoing a final assessment; (j) the number of individuals who died as a result of self-administering an approved substance; (k) the number of individuals who died as a result of an approved substance being administered to them by their administering practitioner;

Part 7 Voluntary assisted dying oversight board Section 38 page 34 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (l) the number of individuals to whom both of the following apply: (i) the individual’s coordinating practitioner decided the individual was eligible to access voluntary assisted dying after undertaking a first assessment; (ii) the individual died of a cause other than an approved substance being administered by or to the individual; (m) the following details about each individual who underwent a first assessment or consulting assessment: (i) the individual’s age; (ii) the suburb or town of the individual’s home address; (iii) the language used by the individual at home (if known); (iv) whether the individual used an interpreter during the assessment; (v) if the individual’s coordinating practitioner or consulting practitioner decided the individual met the eligibility requirement mentioned in the Act, section 11 (1) (b)—the individual’s condition or conditions that met the requirement; (vi) the reasons why the coordinating practitioner or consulting practitioner decided the individual’s condition or conditions were or were not advanced, progressive and expected to cause death; (n) the following information about each individual who was eligible to access voluntary assisted dying after undergoing a final assessment: (i) the individual’s age; (ii) the suburb or town of the individual’s home address; (iii) the language used by the individual at home (if known);

Voluntary assisted dying oversight board Part 7 Section 38 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iv) whether the individual used an interpreter during the final assessment; (o) any adverse events, clinical errors or unexpected outcomes reported to the board. (2) In this section: eligible to access voluntary assisted dying—an individual is eligible to access voluntary assisted dying if— (a) for an individual who has undergone a first assessment—the individual’s coordinating practitioner has decided the individual— (i) meets the eligibility requirements; and (ii) understands the information given to the individual under the Act, section 16 (3); and (b) for an individual who has undergone a consulting assessment— the individual’s consulting practitioner has decided the individual— (i) meets the eligibility requirements; and (ii) understands the information given to the individual under the Act, section 16 (3); and (c) for an individual who has undergone a final assessment—the individual’s coordinating practitioner has decided the individual meets the final assessment requirements. ineligible to access voluntary assisted dying—an individual is ineligible to access voluntary assisted dying if the individual is not eligible to access voluntary assisted dying.

Part 7 Voluntary assisted dying oversight board Section 39 page 36 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 39 Number of members required for valid vote—Act, s 122 (1) (a) The number of members that constitutes a majority of the board is prescribed. 40 Number of votes required for valid decision—Act, s 122 (1) (b) The number of votes that constitutes a majority of the votes cast by the number of members present is prescribed.

Review of coordinating practitioner, consulting practitioner and administering practitioner decisions Part 8 Section 41 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Review of coordinating practitioner, consulting practitioner and administering practitioner decisions 41 Information for reviewable decision notice—Act, s 135 (1) The following information is prescribed: (a) details about the reviewable decision made by the decision-maker; (b) a statement that an affected person may apply to the ACAT for review of the reviewable decision; (c) a statement about how an affected person may apply to the ACAT for review of the reviewable decision.

Part 9 Miscellaneous Section 42 page 38 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9 Miscellaneous 42 Information for application for residency exemption—Act, s 154 (2) (c) The following information is prescribed: (a) the name, date of birth, home address and telephone number of the individual; (b) the condition the individual intends to rely on in making a request to access voluntary assisted dying; (c) the date the condition mentioned in paragraph (b) was diagnosed; (d) 1 of the following: (i) the name of the health practitioner who diagnosed the condition mentioned in paragraph (b); (ii) the address of the place where the condition mentioned in paragraph (b) was diagnosed; (iii) the name and business address of the individual’s treating health practitioner; (e) if the individual has a coordinating practitioner—the name, business address and telephone number of the coordinating practitioner; (f) if the individual intends to rely on a family member, friend or carer living in the ACT to demonstrate their substantial connection to the ACT— (i) the name, telephone number and home address of the family member, friend or carer; and (ii) a statement about whether the individual intends to live with the family member, friend or carer;

Miscellaneous Part 9 Section 43 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) a statement about whether the individual intends to make a practitioner administration decision or self-administration decision; (h) if the individual intends to make a self-administration decision—the address where the individual intends to— (i) store any approved substance prescribed to the individual before self-administration; and (ii) self-administer any approved substance prescribed to the individual; (i) if the individual intends to make a practitioner administration decision—the address of the place where the individual intends to be administered any approved substance prescribed to the individual; (j) the address in the ACT where the individual intends to receive treatment for the condition mentioned in paragraph (b). 43 Requirements for counsellors—Act, s 155 (3), def relevant health professional, par (a) The counsellor must have a qualification that provides eligibility for registration as a practising counsellor with the Australian Counselling Association Limited. 44 Requirements for social workers—Act, s 155 (3), def relevant health professional, par (c) The social worker must have a qualification that provides eligibility for a practising membership, other than a student membership or retirement membership, with the Australian Association of Social Workers Limited.

Part 9 Miscellaneous Section 45 page 40 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 45 Requirements for other health professionals—Act, s 155 (3), def relevant health professional, par (d) (1) The health professional must be a speech pathologist. (2) In this section: speech pathologist means an individual with a qualification that provides eligibility for a practising membership with The Speech Pathology Association of Australia Limited.

Dictionary R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions relevant to this regulation. For example: • adult • doctor • health practitioner • individual • nurse • nurse practitioner. Note 2 Terms used in this regulation have the same meaning that they have in the Voluntary Assisted Dying Act 2024. For example, the following terms are defined in the Act, dict: • administer • administering practitioner • administration decision • approved disposer • approved substance • approved supplier • board • consulting assessment (see s 23 (1)) • final assessment (see s 35) • final assessment requirements (see s 31) • final request (see s 32 (1)) • first assessment (see s 16 (1)) • first request (see s 13 (1)) • practitioner administration decision • request and assessment process • second request (see s 27 (2)) • self-administration decision. adverse finding, in relation to a health practitioner, for part 4 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 29 (1).

Dictionary page 42 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au condition—see the Act, section 11 (7). disqualifying finding, in relation to a health practitioner, for part 4 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 30. health, conduct or performance action, for part 4 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see the Health Practitioner Regulation National Law (ACT), section 5. registration authority, for part 4 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see the Health Practitioner Regulation National Law (ACT), section 5. registration number, of a health practitioner, for part 4 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 29 (1). relevant area of practice, for a nurse or nurse practitioner, for part 4 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 29 (1).

Endnotes About the endnotes 1 R1 03/11/25 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 44 Voluntary Assisted Dying Regulation 2025 Effective: 03/11/25 R1 03/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Voluntary Assisted Dying Regulation 2025 SL2025-19 notified LR 11 September 2025 s 1, s 2 commenced 11 September 2025 (LA s 75 (1)) remainder commenced 3 November 2025 (s 2) 4 Amendment history Commencement s 2 om LA s 89 (4) © Australian Capital Territory 2025

The regulation’s core concepts are documentary prescription, role eligibility, safe custody and disposal, authorised practitioner standards, and oversight reporting. The regulation repeatedly uses the phrasing "The following information is prescribed" (for example s 5, s 7, s 8, s 9, s 10, s 14), which signals that the instrument is largely about specifying minimum content and format for information exchange and records required by corresponding provisions in the Act.

Documentary prescription. The regulation standardises the content of multiple documents and notices. Examples include the information to be given after acceptance of a first request (s 5(1)(a) to (j)), the items to appear in first assessment, consulting assessment and final assessment reports (s 7, s 8, s 10), and the particulars required on prescriptions (s 14). The administration certificate requires certified details of timing, location, witness and complications (s 28). Records required of suppliers and disposers are likewise tightly specified (s 19, s 23, s 24, s 26).

Role eligibility and supply chain. The regulation narrows supply and disposal to defined eligible persons. Approved suppliers and approved disposers must be pharmacists who are public servants working in Canberra Health Services, and must complete Canberra Health Services pharmacist training (s 12). Couriers transporting approved substances must be health practitioners who are public servants working in Canberra Health Services (s 20). Where a courier system can be used, the regulation imposes packaging and documentation rules intended to avoid disclosure by outward appearance and to produce a delivery confirmation (s 17, s 18).

Safe custody and disposal. Storage requirements for anyone in possession of an approved substance are specified in detail (s 27). The regulation requires a suitable, locked receptacle, sets out obligations for combinations and keys, and allocates responsibilities between the relevant individual, their contact person and administering practitioner (s 27(2) to (7)). Disposal must be done personally by the approved disposer and follow the Medicines, Poisons and Therapeutic Goods Act 2008 requirements for discarding controlled medicines (s 25).

Authorised practitioner standards. The regulation defines disqualifying findings (s 30), details information to be provided in applications for authorisation (s 31), sets eligibility criteria for coordinating, consulting and administering practitioner authorisations (s 32, s 33), and attaches conditions such as three-yearly refresher training and timely notification of adverse findings (s 34).

Oversight reporting. The oversight board must keep quantitative and disaggregated information about first assessments, consulting assessments, requests and deaths, including demographic breakdowns and reported adverse events (s 38). The regulation prescribes what constitutes being "eligible to access voluntary assisted dying" for the Board’s purposes (s 38(2)).

Interaction with the Health Practitioner Regulation National Law. The regulation imports definitions and concepts from the National Law when defining "adverse finding", "registration authority" and "health, conduct or performance action" (s 29). This ties practitioner eligibility and disqualification to other professional regulation regimes and to findings from registration authorities.

Definitions and cross-references. The regulation relies on signpost definitions to the Act and other statutes, for example gender identity (Discrimination Act 1991) and multiple Act-defined procedural terms (dictionary, s 3 and the Dictionary). Several sections explicitly state when a request and assessment process is "complete", tying regulatory documents to defined Act milestones (s 5(2), s 14(2)).

Taken together, these concepts translate statutory thresholds into operational duties and constraints, shape who may handle substances and how they must be handled, and create a directory of documentary artefacts to be assembled, retained and reported.

The regulation affects a discrete set of actors by naming roles and assigning duties. Those actors include: individuals who request voluntary assisted dying; their nominated contact persons; coordinating, consulting and administering practitioners; approved suppliers; approved disposers; couriers; facility operators; the Voluntary Assisted Dying Oversight Board; Canberra Health Services; and certain allied health professionals and counsellors. Each group has tasks and documentary obligations imposed by specified sections.

Individuals who request voluntary assisted dying are affected in multiple ways. They must be given specific information at stages of the process, for instance after acceptance of a first request (s 5) and after assessments (s 6). They must supply identifying details that become part of assessment reports (s 7, s 8, s 9, s 10), and, when prescribed an approved substance, the prescription must include their name, date of birth, address and contact details (s 14(1)(c)). If they choose self-administration they must store substances in a manner meeting the regulation’s "suitable receptacle" rules, and they are responsible for ensuring their contact person can access the substance (s 27).

Contact persons are required to acknowledge their functions under the Act (s 11(1)(c)), and the appointment instrument must record the appointee’s name, contact information and consent (s 11). Contact persons are given explicit access responsibilities under storage rules, including being informed of the receptacle’s location and, at times, custody of keys or combinations under defined confidentiality rules (s 27(3) to (6)).

Coordinating, consulting and administering practitioners are named extensively. The regulation prescribes what information these practitioners must include in reports (s 7, s 8, s 10), certification in administration certificates (s 28), and conditions for authorisation (pt 4). Authorisation applicants must provide registration numbers and disclose adverse findings and notifications under the Health Practitioner Regulation National Law (s 31). The director-general is to authorise practitioners only where eligibility criteria are satisfied (s 32 to s 34). Practitioners authorised under the Act carry obligations including refresher training every 3 years and rapid notification of adverse findings (s 34).

Approved suppliers and approved disposers are tightly defined. Eligibility for those roles is limited to pharmacists who are public servants working in Canberra Health Services and who have completed training approved by the chief executive officer of Canberra Health Services (s 12). Approved disposers must personally dispose of approved substances and must do so in accordance with the Medicines, Poisons and Therapeutic Goods Act 2008 requirements for discarding controlled medicines (s 25). Supply records must include specified patient and supplier details and statements of compliance (s 19).

Couriers are constrained to be health practitioners who are public servants in Canberra Health Services (s 20). When couriers are used the supplier must satisfy packaging and documentation conditions and keep a written record of courier details and handover time (s 17); the courier must not interfere with the package and must obtain a written delivery confirmation signed by the recipient (s 18).

Facility operators must maintain a policy that includes contact details for the approved care navigator service, state whether the operator provides residents access to relevant services, and include a statement about the effect of the Act’s non-withdrawal provision (s 37).

The Voluntary Assisted Dying Oversight Board is affected because the regulation sets mandatory data points the Board must keep about requests and access (s 38). That data spans counts of assessments and deaths, demographic fields, clinical conditions and adverse events.

Administrative bodies are implicated. The director-general must approve practitioner training, administer authorisations and keep a register of authorised practitioners containing prescribed items (s 31, s 34, s 35). Canberra Health Services is the locus for supply, disposal and courier roles, by express prescription of public servants employed there for these functions (s 12, s 17, s 20).

Other professionals who have defined relationships to the scheme are counsellors, social workers and speech pathologists when providing supports required under the Act, with minimum registration or membership qualifications specified (s 43 to s 45).

Finally, the ACAT is mentioned in relation to the right of review of reviewable decisions, because the content of reviewable decision notices must state how an affected person may apply to the ACAT for review (s 41).

In summary, the regulation concentrates operational roles and supply chain responsibilities within public health infrastructure in the ACT, assigns precise recordkeeping and information duties across applicants and practitioners, and requires facility operators and the oversight board to maintain specific policies and datasets.

The regulation converts Act-level duties into precise operational duties, and it clarifies some rights by specifying information that must be provided. Key duties fall into categories: information-giving duties to individuals; recordkeeping and reporting duties; supply, courier, storage and disposal duties; practitioner authorisation and ongoing obligations; facility policy duties; and oversight board data duties.

Information-giving duties. The regulation prescribes specific information to be given at several points. After the coordinating practitioner accepts a first request, the practitioner must provide prescribed information including how the request and assessment process works, that the individual may choose self-administration or practitioner administration, the roles of authorised practitioners and the contact person, notice of review rights under s 136 of the Act, information about potential uses and disclosure of personal information, support and palliative care options, likely expenses and the role of the board (s 5(1)(a) to (j)). After assessments, the practitioner must inform the individual of their diagnosis and prognosis, treatment and palliative care options and outcomes, the need for the second request to be witnessed by two eligible witnesses (s 6(1)(a) to (f)), and the expected outcome and complications of an approved substance being administered (s 6(1)(g) to (i)). The regulation also requires that before a first prescription is issued an individual be given, orally and in writing, details about the medicine, storage obligations, how to prepare and self-administer if applicable, validity period of the prescription and potential complications (s 13(1), (2)).

Recordkeeping and reporting duties. Multiple actors must create and retain prescribed records. Coordinating and consulting practitioners must include specific identifying details, clinical findings, interpreter usage and dates in their assessment reports (s 7, s 8). Approved suppliers must create a supply record that states compliance with supply requirements and labelling (s 19). Approved disposers must record receipt and disposal details and sign statements attesting to their truth (s 23 to s 26). The administration certificate must contain timing, location, witness and complication details and a signed statement endorsing truth (s 28).

Supply, courier, storage and disposal duties. Approved suppliers must satisfy labelling (s 15), packaging and confidentiality requirements when using a courier (s 17), and must provide prescribed information when supplying to an individual with a self-administration decision (s 16). Couriers must not open or otherwise interfere with packages and must obtain a signed delivery confirmation from the recipient and return it to the supplier (s 18). Storage rules require a suitable receptacle that is locked whenever not in use, and set out obligations about key custody and combination confidentiality allocated between the individual, the contact person and administering practitioner (s 27). Approved disposers must personally dispose of substances and comply with the Medicines, Poisons and Therapeutic Goods Act 2008 disposal standards (s 25).

Practitioner authorisation duties. Applicants must provide registration numbers, disclose adverse findings or notifications under the Health Practitioner Regulation National Law, and provide recent and relevant clinical practice history (s 31). Eligibility criteria include completion of director-general approved training, absence of disqualifying findings, and minimum practice experience thresholds for doctors and nurse practitioners (s 32 to s 33). Authorised practitioners must complete refresher training every 3 years and notify the director-general within 7 days of awareness of adverse findings, registration changes or notifications (s 34).

Facility operator duties. Operators must have a policy that includes contact details for the approved care navigator service, states whether the operator provides residents access to relevant services, and includes a statement about the effect of the Act s 109 that prohibits withdrawal or refusal of a care service (s 37(1)(a) to (c)).

Oversight and review duties and rights. The Board must keep specified datasets including demographic details, numbers through each assessment stage, counts of deaths due to self-administration and practitioner administration, and reported adverse events (s 38). Decision-makers must give reviewable decision notices containing details about the decision and information that an affected person may apply to the ACAT for review and how to do so (s 41).

Rights. The regulation prescribes rights to information and review. Individuals have an entitlement to specific oral and written information at key steps (s 5, s 6, s 13(2)). An affected person has a right to be informed that they may apply to ACAT for review of a reviewable decision and how to apply (s 41(1)(b) to (c)). The regulation also specifies privacy-relevant information which will be recorded and reported to the Board (s 7, s 8, s 38), and s 5(1)(g) requires a statement about how information may be used or disclosed, which informs the individual’s knowledge of data handling.

Consequences of duty breaches are not directly set out in the regulation, but the instrument ties practitioner eligibility to adverse findings as defined with reference to the Health Practitioner Regulation National Law, thereby connecting regulatory non-compliance and professional regulatory consequences (s 29, s 30). The requirement that approved suppliers, couriers and disposers be Canberra Health Services public servants indicates systemic allocation of these duties into public sector roles (s 12, s 17, s 20).

The regulation itself contains limited express penalty provisions; enforcement of wrongdoing arising from the regulatory obligations generally sits within the Act and parallel regulatory regimes referenced by the regulation. However, the republication preface records the penalty unit values applicable at the republication date, namely $160 for an individual and $810 for a corporation (prefatory notes, Penalties). That value is supplied under the Legislation Act 2001 reference, but the regulation does not invent new monetary penalties specific to its clauses.

Enforcement mechanisms are visible by reference and implication. First, the regulation ties practitioner authorisation and continued holding of authorisation to findings defined by reference to the Health Practitioner Regulation National Law. An "adverse finding" includes a finding that results in health, conduct or performance action, a substantiated complaint or a conviction (s 29(1)); a "disqualifying finding" includes findings of unlawful treatment without consent, coercion, relevant misconduct leading to a condition on registration that prevents carrying out functions of an authorised coordinating practitioner, or a condition on registration that prevents the practitioner from carrying out all functions of a coordinating practitioner (s 30(1)(a) to (d)). These provisions make practitioner eligibility contingent on the outcomes of professional regulatory processes. Where those external processes produce a condition on a practitioner’s registration, the regulation treats that result as disqualifying while the condition applies (s 30(2)).

Second, compliance with professional standards is embedded through required disclosures and reporting to the director-general. Authorised practitioners must tell the director-general, within 7 days of becoming aware, about adverse findings, changes to registration and notifications under the National Law (s 34(b)). Failure to disclose could prompt administrative action under the Act or professional regulators, though the regulation itself does not list a specific fine for nondisclosure.

Third, supply, storage and disposal obligations are tied to other legislative instruments which have their own enforcement regimes. Disposal must comply with the Medicines, Poisons and Therapeutic Goods Act 2008 and its regulations (s 25(1)(b)). Non-compliance with those regimes can attract offences and administrative sanctions under the medicines and poisons legislation.

Fourth, some statutory protections and remedies are referenced. The regulation requires that individuals be informed about the effect of the Act s 136, which concerns application for review of reviewable decisions (s 5(1)(f)). The review mechanism operates through the ACAT, and the regulation requires that reviewable decision notices explain how an affected person may apply to ACAT (s 41). Thus administrative review is an enforceable procedural remedy for some decisions under the Act as manifested in the regulation.

Finally, many of the regulation’s obligations are documentary and administrative, so enforcement will commonly involve audits, authorisation revocations, professional disciplinary proceedings and potential offences under the Act or other legislation. The regulation itself embeds pathways to professional discipline by linking eligibility to adverse findings and by requiring signed, certified records for prescriptions, supplies, disposals and administrations (s 14(1)(h), s 19, s 23, s 26, s 28). Auditable documentary trails are therefore a core enforcement mechanism.

The regulation does not create independent criminal offences beyond those established in the underlying Act and related statutory regimes, and the preface notes the penalty unit conversions as at the republication date. For specific criminal or civil liability, readers should consult the Voluntary Assisted Dying Act 2024 and the Medicines, Poisons and Therapeutic Goods Act 2008, which contain substantive offence and sanction provisions.

The regulation is intentionally networked to other statutory regimes. It relies on, incorporates and points to obligations under the Voluntary Assisted Dying Act 2024 (the Act), the Health Practitioner Regulation National Law (ACT), the Medicines, Poisons and Therapeutic Goods Act 2008 and regulations, and definitions in other statutes such as the Discrimination Act 1991 where the regulation references "gender identity" (see s 7(2)). These interactions shape eligibility, professional accountability, handling of substances and disposal, and definitions used for reporting and authorisation.

Interaction with the Act. The regulation operationalises numerous Act provisions by prescribing the content of statutory notices, reports, certificates and policy statements that the Act requires. For example, it prescribes what the coordinating practitioner must provide after acceptance of a first request (s 5) and what must be recorded in first, consulting and final assessment reports (s 7, s 8, s 10). The definitions in the regulation’s dictionary expressly draw terms from the Act (Dictionary note 2), and several sections explicitly tie the regulation’s requirements to Act milestones, such as defining when a request and assessment process is "complete" for the purpose of the prescription contents (s 5(2), s 14(2)).

Interaction with Health Practitioner Regulation National Law (ACT). Part 4 expressly incorporates the National Law concepts when defining "adverse finding", "health, conduct or performance action" and "registration authority" (s 29). Eligibility and disqualification for practitioner authorisation turn on findings and conditions under the National Law. A disqualifying finding includes a finding that results in a condition on a practitioner’s registration which prevents the practitioner from performing functions of an authorised coordinating practitioner, therefore linking sanctioning outcomes under the National Law to withdrawal or denial of voluntary assisted dying authorisation (s 30(1)(c) to (d)).

Interaction with medicines and poisons legislation. Disposal requirements for approved substances require compliance with the Medicines, Poisons and Therapeutic Goods Act 2008, including prescribed requirements for discarding controlled medicines (s 25(1)(b)). The labelling requirement references the Medicines, Poisons and Therapeutic Goods Regulation 2008 s 123 content that must be included on medicine containers (s 15(1)(a)). This aligns controlled substances handling and disposal with established pharmaceutical regulatory standards.

Public service employment framework. The regulation specifically requires that approved suppliers, approved disposers and couriers be health practitioners who are public servants working in Canberra Health Services (s 12(a)(ii); s 20). That channeling embeds the voluntary assisted dying supply and logistics chain within the ACT public health service, creating cross-dependencies with public sector employment and administrative processes. It also implicitly interacts with employment law and public service policies governing Canberra Health Services.

Privacy and information law. The regulation mandates the collection, storage and reporting of personal identifiers and sensitive health data in multiple places (s 7, s 8, s 14, s 19, s 23, s 26, s 38). It also specifically requires that the individual be told how their information may be used or disclosed (s 5(1)(g)). These provisions interact with administrative privacy obligations and any territory privacy laws applicable to health information handling, though the regulation does not itself restate or modify privacy legislation.

Administrative review and tribunal law. The regulation requires that reviewable decision notices include a statement that an affected person may apply to ACAT and how to do so (s 41). This aligns Act-level review rights with the ACT Civil and Administrative Tribunal framework.

Workforce registration and professional standards. The regulation’s requirements for counsellors, social workers and other health professionals reference eligibility for practising membership of national professional associations (s 43 to s 45). That ties the scheme to professional registration frameworks and their codes of conduct and may mean those bodies’ standards become relevant to professional practice under the scheme.

In short, the regulation represents a detailed implementation layer that prescribes particulars that must be satisfied to meet statutory obligations across health professional regulatory regimes, pharmaceutical and poisons regimes, public service employment arrangements, privacy and administrative review structures. Where the regulation references external regimes, it enforces compliance with those regimes as part of implementing the Act.

The republished regulation contains a formal legislation and amendment history in its endnotes. The Voluntary Assisted Dying Regulation 2025 (SL2025-19) was notified on the Legislation Register on 11 September 2025, with sections 1 and 3 commencing that same day (endnotes, legislation history). The remainder of the regulation commenced on 3 November 2025 (endnotes, legislation history). The amendment history notes that s 2 omits the Legislation Act s 89(4) cross-reference (endnotes, amendment history).

The republication statement at the front confirms that this version of the regulation is a republication under the Legislation Act 2001 and that it incorporates editorial changes authorised under part 11.3 of that Act, though the republished law states that this republication does not include amendments made under part 11.3 (prefatory notes, Editorial changes). The preface also explains that the Parliamentary Counsel’s Office may make editorial amendments for republication that do not change the effect of the law (preface).

The endnotes provide the formal legislative chronology. They list the instrument number, the dates of notification and commencement, and indicate which sections commenced earlier. The history shows no subsequent amendments or modifications recorded in the body of the republished law itself as at 3 November 2025, and the amendment history entry is minimal, limited to a technical omission noted above.

Because the regulation is recent and the republished law records only the initial notification and commencement sequencing, there is no evidence within the instrument of later substantive amendments, consolidations or modifications. The endnotes also make clear that uncommenced amendments or modifying provisions would be indicated with symbols in the republished text if they existed, and that the register would contain the full amendment history (prefatory notes).

Practitioners who need to track changes should therefore consult the ACT legislation register for any subsequent amending instruments or modifications after the republication date. The regulation embeds cross-references to external regimes (the Act, the Health Practitioner Regulation National Law (ACT), Medicines, Poisons and Therapeutic Goods Act 2008), and changes in those instruments could alter how the regulation operates in practice. The republication and its endnotes establish the starting point for amendment monitoring but do not show a history of iterative changes beyond the initial commences and the noted omission.

The regulation’s text contains no court decisions or litigation citations. The document does not record any litigation history arising from the regulation itself, and the endnotes do not list judicial proceedings. The instrument’s recorded materials are limited to the legislative history, commencement details and an amendment notation (endnotes, legislation history and amendment history).

Because the regulation is an implementation instrument for the Voluntary Assisted Dying Act 2024, litigation likely, if it occurs, would be recorded against either the Act, administrative decisions made under the Act, or against related regulatory regimes that the regulation refers to, such as professional regulation under the Health Practitioner Regulation National Law or medicines and poisons legislation. The regulation’s content, for example its prescriptive eligibility criteria and the channelling of supplier and courier functions into Canberra Health Services public servants (s 12, s 20), could give rise to administrative or judicial review challenges about the exercise of authorisation or the lawfulness of administrative decisions, but the regulation itself records no such matters.

For legal research or risk assessment, note that several parts of the regulation reference decision-making and review pathways. Section 41 prescribes the information that must be given in a reviewable decision notice, including advising affected persons that they may apply to ACAT for review. Any procedural failures to provide the prescribed notice could form a ground for administrative review of a decision under the Act as embodied in the regulation, and ACAT decisions concerning reviewable decisions would form a litigation record. Similarly, practitioner authorisation and disciplinary actions involving adverse findings, as defined in s 29 and disqualifying findings in s 30, would likely generate interactions with tribunals or courts via professional disciplinary processes.

Because the regulation compels the creation and retention of extensive records (assessment reports, supply records, disposal records, administration certificates), future litigation over compliance, sufficiency of information, or the factual basis for eligibility decisions would be litigated on the basis of those documents. At present, however, the republished regulation shows no litigation history; researchers and practitioners should monitor ACAT decisions and any judicial consideration of the Voluntary Assisted Dying Act 2024 and its regulations for emerging case law.

Several provisions raise practical implementation risks, concentration effects and compliance traps that practitioners, providers and policymakers should note, because the regulation prescribes specific, sometimes unusual, operational choices.

Concentration of supply, disposal and courier functions within Canberra Health Services. The regulation prescribes that approved suppliers and approved disposers must be pharmacists who are public servants working in Canberra Health Services and who have completed Canberra Health Services-approved pharmacist training (s 12). Couriers transporting approved substances must also be health practitioners who are public servants at Canberra Health Services (s 20). This channels the supply chain into a public health service model, potentially excluding community or private pharmacies, private courier services and external disposers. The regulation therefore creates a structural dependency on Canberra Health Services for practical supply, handover and disposal of approved substances, with implications for access, scheduling and capacity.

Labelling language to state the substance is intended to cause death. The labelling rule requires a statement that the dose is intended to cause death (s 15(b)). That explicit phrasing guarantees that containers and packaging will bear a declaration of intended fatal outcome. This raises obvious practical considerations around how such labels are handled by other health services, household members, emergency services, and others who may come into contact with the package. The regulation also requires inclusion of storage and disposal statements (s 15(c) to (d)).

Stringent storage and key/combination protocols tied to contact persons. The storage requirements demand a suitable, locked receptacle and allocate specific responsibilities between the relevant individual, contact person and administering practitioner about key custody and combination confidentiality (s 27(2) to (7)). The rules are detailed but also rigid. For example, a relevant individual must ensure their contact person can access the receptacle and must tell them its address, and combinations should be kept confidential except when shared for specific purposes (s 27(3)). The division of custody options (personal custody, different location, giving to contact person, or giving to the individual) may create practical friction in institutional settings or where relationships are complex.

Personal disposal by approved disposers, and mandatory compliance with controlled medicine discarding rules. Approved disposers must personally dispose of the substance and follow controlled medicine discarding requirements in the Medicines, Poisons and Therapeutic Goods Act 2008 even if the approved substance is not a controlled medicine (s 25(1)(a) to (b)). This requirement places a high administrative bar on disposal, concentrating responsibility on designated public-sector individuals and potentially lengthening timelines for disposal.

Strict documentary templates and audit trail exposure. The regulation prescribes detailed items to be recorded in multiple documents (assessment reports s 7, s 8; prescription s 14; supply record s 19; disposal record s 26; administration certificate s 28). Those records include personal identifiers, demographic items, and clinician judgments. The Board must also keep disaggregated demographic data including suburb, language at home, interpreter use and clinical reasons for eligibility decisions (s 38(1)(m) and (n)). The detailed and named data collection increases administrative burden on clinicians and institutions and increases the sensitivity of the data gathered, with attendant privacy management obligations.

Narrow eligibility and disqualification rules for authorised practitioners. The regulation defines disqualifying findings with reference to unlawful provision of treatment without consent, coercion, and specified relevant misconduct including misappropriation of medicines and conflicts of interest (s 30). A finding that places a condition on a practitioner’s registration which prevents performance of an authorised coordinating practitioner’s functions will be disqualifying (s 30(1)(c) to (d)). These rules require applicants to disclose prior adverse findings and notifications and to continue disclosure during authorisation (s 31, s 32, s 34). Reputationally and administratively, this creates compliance obligations and a low tolerance for prior regulatory entanglements.

Administrative concentration of authorisations and training. The director-general controls authorised practitioner training approval and the register entries, including conditions and refresher training requirements every 3 years (s 32, s 34, s 35). This centralisation increases the regulatory authority of the ACT director-general and increases the importance of approved training providers, particularly where Canberra Health Services is specified for supply and disposal roles.

Potential interface friction with other treating practitioners. The regulation requires that individuals be given the option of informing their other treating practitioners that they have made a request, and it prescribes that treatment and palliative options be discussed (s 6(1)(j) and s 6(1)(b) to (e)). This creates an onus on coordinating practitioners to engage with broader treating teams and could produce tensions where other practitioners have conscientious objections or different clinical views.

Narrow courier and delivery protections. The supplier must ensure the package does not indicate contents and must include a document inside stating the contents are intended for voluntary assisted dying, while the courier cannot open or interfere with the package and must obtain a signed delivery confirmation (s 17, s 18). The hybrid approach of external anonymity for the outside packaging but an internal statement of purpose could create risks where packages are intercepted by non-courier personnel.

Finally, the regulation’s data demands for the Board include counts of deaths by self-administration and practitioner administration (s 38(1)(j) to (k)), and the Board must keep details about individuals who met eligibility but died of other causes (s 38(1)(l)). These categories mean clinicians and institutions must accurately attribute cause of death and prepare to feed that information into the oversight regime.

Each of these "gotchas" is traceable to a specific section of the regulation; implementing entities should plan workforce, privacy, training and logistics changes to accommodate the detailed and sometimes concentrated requirements.

Below is a practical, section-referenced compliance checklist for the principal actors named in the regulation. Treat this as an implementation roadmap aligned to the regulation’s prescriptions.

Individuals requesting VAD

Ensure you receive the prescribed information at key stages: after acceptance of a first request (s 5(1)(a) to (j)), after first/consulting assessments (s 6(1)(a) to (k)), and before first prescription (s 13(1)). Ask for both oral and written versions where required (s 13(2)).
If making a self-administration decision, prepare to meet the storage requirements and disclose the storage location to your contact person (s 27(3)(a) to (c)). Provide required details in residency exemption applications where applicable (s 42).

Contact persons

Ensure the appointment instrument includes name, contact details and explicit consent and acknowledgment of duties (s 11(1)(a) to (c)). If the appointment is prepared by another person, ensure that preparation details are included (s 11(1)(d)).
Maintain confidentiality of combinations or keys where required, and comply with conditional custody rules when asked to hold keys (s 27(4) to (6)).

Coordinating, consulting and administering practitioners

For assessments and reports, include prescribed identifying and clinical material. For first assessments include name, DOB, address, gender identity if known, condition(s) meeting eligibility and reasons for finding (s 7(1)(a) to (n)). For consulting assessments include analogous items (s 8(1)(a) to (h)). For final assessment include decisions on capacity and voluntariness and interpreter usage (s 10).
When issuing prescriptions, include the information checklist: prescriber details, prescription date, patient identifiers, approved substance details, statement that the prescription is for voluntary assisted dying, and a signed certification that the request and assessment process is complete (s 14(1)(a) to (h)). Confirm the request and assessment process is complete as defined by whether a final assessment report exists (s 14(2)).
Maintain administration certificates including timings, location, witness details and complications, and sign to endorse their truth (s 28).
For authorisation: complete director-general approved training, disclose adverse findings and notifications, and meet experience thresholds (s 31 to s 33). Once authorised, complete refresher training every 3 years and notify director-general within 7 days of becoming aware of adverse findings or changes to registration (s 34).

Approved suppliers, disposers and couriers (Canberra Health Services)

Ensure Canberra Health Services employment status and completion of the required pharmacist training to be an approved supplier/disposer (s 12).
Provide the pre-prescription information to individuals orally and in writing, and the supplier must give the section 13(1) information when a person has a self-administration decision (s 13(1) to (2), s 16(2)).
For supply records, record patient identifiers, supplier name, supply date and compliance statements regarding satisfaction of supply matters and labelling (s 19).
For couriers, follow packaging rules: package must not indicate contents on the outside, include a document inside describing contents and be addressed correctly, and the supplier must keep records of courier name and handover time (s 17). Couriers must not open packages and must get signed delivery confirmations to be returned to the supplier (s 18).

Storage and disposal

Store approved substances in a suitable receptacle that is locked when not in active use and meets the sturdy construction requirement (s 27(2), (8)). Ensure contact persons can access the receptacle and know its address (s 27(3)(a) to (b)).
Follow the custody rules for combinations and keys depending on whether the receptacle is combination lock or keyed (s 27(3) to (7)).
Approved disposers must personally dispose of substances and comply with the Medicines, Poisons and Therapeutic Goods Act 2008 discard requirements even if the substance is not a controlled medicine (s 25(1)(a) to (b)). Keep written records of receipt and disposal with signatures and dates (s 23 to s 26).

Facility operators

Maintain a facility policy that includes contact details for the approved care navigator service, states whether the facility provides residents access to relevant services and includes the statement about s 109 (s 37(1)(a) to (c)). Make the policy available and ensure staff understand the effect of s 109.

Recordkeeping and oversight obligations

Ensure secure, auditable storage of assessment reports, supply records, disposal records and administration certificates as each document contains prescribed items and signed attestations (s 7, s 8, s 14, s 19, s 23, s 26, s 28).
Prepare to provide data to the Voluntary Assisted Dying Oversight Board consistent with the prescribed dataset including counts and disaggregated demographics (s 38). Build systems to capture interpreter usage, suburb of residence, condition classification and whether the person used an interpreter (s 38(1)(m) and (n)).

Training, authorisation and notifications

Use director-general approved training for initial authorisation and refresher training every 3 years (s 32, s 34).
Implement a protocol to disclose adverse findings and notifications promptly to the director-general as required (s 31, s 34). Maintain an internal compliance register of disclosures.

Privacy and consent

Ensure that individuals are informed how their information may be used or disclosed (s 5(1)(g)). Coordinate with privacy officers to ensure personal health information gathered under the regulation is managed under applicable privacy obligations.

Audit readiness and quality assurance

Because many requirements are documentary, implement policies for verifying that assessment reports contain the prescribed entries and that supply, courier, disposal and administration records are correctly signed, dated and retained.
Ensure training records for authorised practitioners and approved suppliers/disposers are accessible, and that Canberra Health Services approvals and training completions are documented.

Review processes

When reviewable decisions are made, issue notices that include details about the decision and clear information on how to apply to ACAT for review (s 41). Keep a template notice compliant with s 41 to avoid procedural defects.

Finally, map responsibilities across teams (clinical, pharmacy, legal, privacy, logistics) and test end-to-end flows for a case: request, assessments, prescription, supply, storage, administration or self-administration, disposal and Board reporting. Each step should reference the corresponding regulation section to ensure compliance with the prescribed content and procedures.

Voluntary Assisted Dying Regulation 2025

Plain English Summary

Deep Dive

What it does

Current sections

Voluntary Assisted Dying Regulation 2025

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply