Voluntary Assisted Dying Regulations 2018 (Victoria)

The Voluntary Assisted Dying Regulations 2018 (S.R. No. 142/2018) prescribe forms and several procedural and technical particulars required to operationalise the Voluntary Assisted Dying Act 2017. The Regulations are made under s 118 of the Act (reg 2) and come into operation on 19 June 2019 (reg 3). Regulation 1 states the objective explicitly: to prescribe forms and other matters for the purposes of the Act.

Mechanically, the instrument does the following things:

Prescribes the particular forms that must be used for an application for a self-administration permit (Form 1) and for an application for a practitioner administration permit (Form 2) (reg 5, reg 6, Schedule 1).
Prescribes the period within which the Secretary must determine an application for a voluntary assisted dying permit as 3 business days (reg 7), thereby fixing an administrative time limit under s 49(1) of the Act.
Prescribes the form of the permits themselves: a self-administration permit (Form 3) and a practitioner administration permit (Form 4) (reg 8, Schedule 1).
Prescribes standard labelling statements for voluntary assisted dying substances, differentiated by whether the permit authorises self-administration (Form 5) or practitioner administration (Form 6) (reg 9, Schedule 1).
Prescribes secure storage specifications for the voluntary assisted dying substance in a lock box: constructed of steel, not easily penetrable, and lockable with a lock of sturdy construction (reg 10).
Prescribes accepted accreditation bodies for interpreters where required under the Act: National Accreditation Authority for Translators and Interpreters Limited (NAATI) and Speech Pathology Australia, including their ABNs (reg 11).

Version No. 001

Voluntary Assisted Dying Regulations 2018

S.R. No. 142/2018

Version as at
19 June 2019

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 1

5 Application for self-administration permit 1

6 Application for practitioner administration permit 2

7 Period for Secretary to determine application for voluntary assisted dying permit 2

8 Voluntary assisted dying permit 2

9 Labelling statement requirements for voluntary assisted dying substance 2

10 Secure storage requirements for voluntary assisted dying substance 2

11 Accreditation requirements for interpreters 3

Schedule 1—Forms 4

═════════════

Endnotes 14

1 General information 14

2 Table of Amendments 16

3 Amendments Not in Operation 17

4 Explanatory details 18

Version No. 001

Voluntary Assisted Dying Regulations 2018

S.R. No. 142/2018

Version as at
19 June 2019

1 Objective

The objective of these Regulations is to prescribe forms and other matters for the purposes of the Voluntary Assisted Dying Act 2017.

2 Authorising provision

These Regulations are made under section 118 of the Voluntary Assisted Dying Act 2017.

3 Commencement

These Regulations come into operation on 19 June 2019.

4 Definitions

In these Regulations—

AHPRA means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;

business day means a day other than a Saturday, a Sunday or a public holiday within the meaning of the Public Holidays Act 1993;

the Act means the Voluntary Assisted Dying Act 2017.

5 Application for self-administration permit

For the purposes of section 47(2)(a) of the Act, the prescribed form is Form 1 in Schedule 1.

6 Application for practitioner administration permit

For the purposes of section 48(2)(a) of the Act, the prescribed form is Form 2 in Schedule 1.

7 Period for Secretary to determine application for voluntary assisted dying permit

For the purposes of section 49(1) of the Act, the prescribed period is 3 business days.

8 Voluntary assisted dying permit

For the purposes of section 49(5) of the Act, the prescribed form is—

(a) in the case of a self-administration permit—Form 3 in Schedule 1; and

(b) in the case of a practitioner administration permit—Form 4 in Schedule 1.

9 Labelling statement requirements for voluntary assisted dying substance

For the purposes of section 59(2) of the Act, the prescribed form is—

(a) in the case of a voluntary assisted dying substance dispensed in accordance with a self-administration permit—Form 5 in Schedule 1; and

(b) in the case of a voluntary assisted dying substance dispensed in accordance with a practitioner administration permit—Form 6 in Schedule 1.

10 Secure storage requirements for voluntary assisted dying substance

For the purposes of section 61 of the Act, the prescribed specifications are that the lock box is—

(a) constructed of steel; and

(b) not easily penetrable; and

11 Accreditation requirements for interpreters

For the purposes of section 115(a) of the Act, the following bodies are prescribed—

(a) National Accreditation Authority for Translators and Interpreters Limited, ABN 42 008 596 996;

(b) Speech Pathology Australia, ABN 17 008 393 440.

Schedule 1—Forms

FORM 1

Regulation 5

Voluntary Assisted Dying Act 2017

APPLICATION FOR SELF-ADMINISTRATION PERMIT

1 Co-ordinating medical practitioner's details

Full name:

Practice address:

Practice telephone number:

Email address:

Qualifications:

AHPRA registration number:

2 Person in respect of whom the permit is sought

Full name:

Address:

Date of birth:

3 Poison or controlled substance or drug of dependence to be prescribed or supplied

4 Contact person's details

Full name:

Address:

Date of birth:

Contact details:

I, [co-ordinating medical practitioner's name], am satisfied that [name of person] has decision-making capacity in relation to voluntary assisted dying and that their request for access to voluntary assisted dying is enduring. [Name of person] is able to self‑administer and digest the poison or controlled substance or drug of dependence.

I have attached a copy of the completed final review form and all of the completed forms referred to in section 41(1)(a) of the Voluntary Assisted Dying Act 2017.

I understand that under section 87 of the Voluntary Assisted Dying Act 2017 it is a criminal offence to falsify a form or record required to be made under that Act. It is also a criminal offence under section 88 of that Act to knowingly make a false statement in a report or form that the person knows is false or misleading in a material particular. Both of these offences carry a maximum penalty of 5 years imprisonment or 600 penalty units, or both in respect of a natural person.

Date:

Signed: [co-ordinating medical practitioner]

Form 2

Regulation 6

Voluntary Assisted Dying Act 2017

APPLICATION FOR PRACTITIONER ADMINISTRATION PERMIT

1 Co-ordinating medical practitioner's details

Full name:

Practice address:

Practice telephone number:

Email address:

Qualifications:

AHPRA registration number:

2 Person in respect of whom the permit is sought

Full name:

Address:

Date of birth:

3 Poison or controlled substance or drug of dependence to be prescribed, supplied and administered

4 Contact person's details

Full name:

Address:

Date of birth:

Contact details:

I, [co-ordinating medical practitioner's name], am satisfied that [name of person] has decision-making capacity in relation to voluntary assisted dying and that their request for access to voluntary assisted dying is enduring. [Name of person] is physically incapable of the self-administration or digestion of an appropriate poison or a controlled substance or drug of dependence because [insert reason].

I have attached a copy of the completed final review form and of all of the completed forms referred to in section 41(1)(a) of the Voluntary Assisted Dying Act 2017.

Date:

Signed: [co-ordinating medical practitioner]

Form 3

Regulation 8(a)

Voluntary Assisted Dying Act 2017

SELF-ADMINISTRATION PERMIT

This self-administration permit is issued to [full name and address of the co‑ordinating medical practitioner].

In accordance with section 45 of the Voluntary Assisted Dying Act 2017, this self-administration permit in respect of [name of person] authorises—

(a) [name of co-ordinating medical practitioner] for the purpose of causing [name of person] death, to prescribe and supply the voluntary assisted dying substance specified in this permit to [name of person] that—

(i) is able to be self-administered; and

(ii) is of a sufficient dose to cause death; and

(b) [name of person] to obtain, possess, store, use and self-administer the voluntary assisted dying substance; and

(c) in the case of the death of [name of person], within 15 days after the date of [name of person] death, the contact person specified in this permit—

(i) to possess and store the unused or remaining voluntary assisted dying substance (if any) for the purpose of returning it to a pharmacist at the dispensing pharmacy; and

(ii) to carry and transport the unused or remaining voluntary assisted dying substance to a pharmacist at the dispensing pharmacy; and

(d) in the case that [name of person] decides to make a request under section 53 of the Voluntary Assisted Dying Act 2017, or decides not to self-administer, or in the case of an order made by VCAT to return the voluntary assisted dying substance to the dispensing pharmacy—the contact person specified in this permit—

(i) to possess and store the voluntary assisted dying substance (if any) that has been dispensed to [name of person]; and

(ii) to carry and transport the voluntary assisted dying substance to a pharmacist at the dispensing pharmacy.

Co-ordinating medical practitioner's details

Name of medical practitioner:

Address of medical practitioner:

Person in respect of whom this self-administration permit is issued

Name of person:

Address of person:

Voluntary assisted dying substance

Name of poison/controlled substance/drug of dependence	Maximum dose

Contact person in relation to this self-administration permit

Name of person:

Address of person:

Date:

Signed: [Secretary]

In accordance with section 50 of the Voluntary Assisted Dying Act 2017 this permit comes into force on [specify date].

Form 4

Regulation 8(b)

Voluntary Assisted Dying Act 2017

PRACTITIONER ADMINISTRATION PERMIT

This practitioner administration permit is issued to [full name and address of the co-ordinating medical practitioner].

In accordance with section 46 of the Voluntary Assisted Dying Act 2017, this practitioner administration permit in respect of [name of person], for the purpose of causing [name of person] death, authorises [name of co‑ordinating medical practitioner]—

(a) to prescribe and supply to [name of person] a sufficient dose of the voluntary assisted dying substance specified in this permit; and

(b) in the presence of a witness, to receive an administration request; and

(c) to possess, use, and administer in the presence of a witness, the voluntary assisted dying substance to [name of person] if—

(i) [name of person] is physically incapable of the self‑administration or digestion of the voluntary assisted dying substance; and

(ii) [name of person] at the time of making the administration request has decision-making capacity in relation to voluntary assisted dying; and

(iii) [name of person] in requesting access to voluntary assisted dying is acting voluntarily and without coercion; and

(iv) [name of person] request to access voluntary assisted dying is enduring; and

(v) [name of person] is administered the voluntary assisted dying substance immediately after making the administration request.

Co-ordinating medical practitioner details

Name of medical practitioner:

Address of medical practitioner:

Person in respect of whom the practitioner administration permit is issued

Name of person:

Address of person:

Voluntary assisted dying substance

Name of poison/controlled substance/drug of dependence	Maximum dose

Date:

Signed: [Secretary]

In accordance with section 50 of the Voluntary Assisted Dying Act 2017 this permit comes into force on [specify date].

Form 5

Regulation 9(a)

Voluntary Assisted Dying Act 2017

LABELLING STATEMENT FOR VOLUNTARY ASSISTED DYING SUBSTANCE—SELF-ADMINISTRATION PERMIT

Warning: If ingested this substance will cause death.

This is a voluntary assisted dying substance and may only be self‑administered by [insert name of person who is the subject of the self‑administration permit]. It is a criminal offence under section 84 of the Voluntary Assisted Dying Act 2017, carrying a maximum penalty of life imprisonment, to knowingly administer this substance to another person.

This substance should only be self-administered in accordance with the instructions of the co-ordinating medical practitioner. Self-administration of this substance otherwise than in accordance with the instructions may result in complications or this substance being ineffective.

This voluntary assisted dying substance must be stored in a locked box that satisfies the specifications prescribed under regulation 10 of the Voluntary Assisted Dying Regulations 2018.

Dispensing pharmacy:

............................................................................................................................

If there is any unused or remaining voluntary assisted dying substance, the contact person must return the substance to a pharmacist at the dispensing pharmacy within 15 days after the date of the person's death.

If there is a request under section 53 of the Voluntary Assisted Dying Act 2017, or the person decides not to self-administer this voluntary assisted dying substance, or if there is an order made by VCAT for the return of this voluntary assisted dying substance, the contact person specified in the permit must carry and transport this voluntary assisted dying substance to the dispensing pharmacy.

Form 6

Regulation 9(b)

Voluntary Assisted Dying Act 2017

LABELLING STATEMENT FOR VOLUNTARY ASSISTED DYING SUBSTANCE—PRACTITIONER ADMINISTRATION PERMIT

Warning: If administered this substance will cause death.

This is a voluntary assisted dying substance and may only be administered by [insert name] who is the co-ordinating medical practitioner for [insert name of person who is the subject of the practitioner administration permit]. It is a criminal offence under section 83 of the Voluntary Assisted Dying Act 2017, carrying a maximum penalty of life imprisonment, to intend to cause [name of person] death by administering this substance and knowingly administering this substance otherwise than in accordance with the practitioner administration permit.

This voluntary assisted dying substance must be stored in a locked box that satisfies the specifications prescribed under regulation 10 of the Voluntary Assisted Dying Regulations 2018.

Dispensing pharmacy: …………………………………………………….

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Voluntary Assisted Dying Regulations 2018, S.R. No. 142/2018 were made on 25 September 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 118 of the Voluntary Assisted Dying Act 2017, No. 61/2017 and came into operation on 19 June 2019: regulation 3.

The Voluntary Assisted Dying Regulations 2018 will sunset 10 years after the day of making on 25 September 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Voluntary Assisted Dying Regulations 2018 by statutory rules, subordinate instruments and Acts.

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.

1 Voluntary Assisted Dying Regulations 2018

Version No. 001

Voluntary Assisted Dying Regulations 2018

S.R. No. 142/2018

Version as at
19 June 2019

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 1

5 Application for self-administration permit 1

6 Application for practitioner administration permit 2

7 Period for Secretary to determine application for voluntary assisted dying permit 2

8 Voluntary assisted dying permit 2

9 Labelling statement requirements for voluntary assisted dying substance 2

10 Secure storage requirements for voluntary assisted dying substance 2

11 Accreditation requirements for interpreters 3

Schedule 1—Forms 4

═════════════

Endnotes 14

1 General information 14

2 Table of Amendments 16

3 Amendments Not in Operation 17

4 Explanatory details 18

Version No. 001

Voluntary Assisted Dying Regulations 2018

S.R. No. 142/2018

Version as at
19 June 2019

1 Objective

The objective of these Regulations is to prescribe forms and other matters for the purposes of the Voluntary Assisted Dying Act 2017.

2 Authorising provision

These Regulations are made under section 118 of the Voluntary Assisted Dying Act 2017.

3 Commencement

These Regulations come into operation on 19 June 2019.

4 Definitions

In these Regulations—

AHPRA means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;

business day means a day other than a Saturday, a Sunday or a public holiday within the meaning of the ;

The Regulations operate by delegating detail to forms and specifications that interact directly with the substantive provisions of the Voluntary Assisted Dying Act 2017. The central concepts are administrative prescription, documentary attestation, safety specifications and limited accreditation.

Administrative prescription

The Regulations prescribe the exact forms to be used at key procedural points under the Act: applications for permits (Form 1 and Form 2), the permits themselves (Form 3 and Form 4) and labelling statements for dispensed substances (Forms 5 and 6) (regs 5, 6, 8, 9; Schedule 1). This centralises and standardises the documentary record required by the Act.

Documentary attestation and evidence

The application forms require the co-ordinating medical practitioner to record identity, practice details, AHPRA registration number and to state that they are satisfied as to the person’s decision-making capacity and the enduring nature of their request (Forms 1 and 2). The practitioner must attach the completed final review form and all forms referred to in s 41(1)(a) of the Act (Forms 1 and 2). The forms contain explicit criminal-law warnings referencing ss 87 and 88 of the Act and potential penalties (Forms 1 and 2).

Temporal rule

The Regulations set the prescribed period for the Secretary to determine an application at 3 business days (reg 7), invoking the business day definition in reg 4. That timeframe implements s 49(1) of the Act by numerical specification.

Permit content and delegated authorisations

The prescribed permit forms specify what the permit authorises. The self-administration permit (Form 3) authorises the co-ordinating medical practitioner to prescribe and supply a substance that can be self-administered and of a sufficient dose to cause death, and authorises the named person to obtain, possess, store, use and self-administer that substance. It also authorises the contact person to possess, store and return unused substance to the dispensing pharmacy within 15 days after death, and to transport the substance on other specified events including a VCAT order or a s 53 request (Form 3; reg 8 reflecting ss 45 and 50 of the Act). The practitioner administration permit (Form 4) authorises prescribing, supply and administration in the presence of a witness where statutory conditions are met (Form 4; reg 8 reflecting s 46 of the Act).

Safety and handling specifications

The labelling statements are prescribed verbatim in Forms 5 and 6 (reg 9). Each label includes a warning that ingestion or administration will cause death, instructions that the substance be stored in a lock box satisfying reg 10, and procedural instructions about returning unused substance to the dispensing pharmacy within 15 days of death. The practitioner administration label (Form 6) references the criminal offence in s 83 and the self-administration label references s 84.

Secure storage specification

Reg 10 prescribes the lock box specifications: constructed of steel, not easily penetrable, and lockable with a lock of sturdy construction. The specification is minimal and technical rather than prescriptive of an exact product standard or certification regime.

Interpreter accreditation

Reg 11 prescribes two bodies as meeting the Act’s accreditation requirement for interpreters: NAATI and Speech Pathology Australia, with ABNs provided. The prescription limits acceptable interpreter accreditation to those organisations.

Definitions

Reg 4 defines AHPRA by reference to the Health Practitioner Regulation National Law s 23, defines business day, and defines the Act as the Voluntary Assisted Dying Act 2017. These definitions anchor other prescriptions such as the time period in business days and the requirement to include AHPRA registration numbers in the forms.

Endnote concept: sunset and statutory context

The Endnotes indicate the Regulations will sunset 10 years after making (25 September 2028) under the Subordinate Legislation Act 1994 (Endnotes). The Endnotes also explain that the Regulations were made by the Lieutenant-Governor with Executive Council advice under s 118 of the Act.

Collectively these concepts show a regulatory design that uses a subordinate instrument to standardise practitioner documentation, impose discrete safety standards, and set administrative timing and accreditation constraints that feed into the operational pathway established by the Act.

The Regulations affect a defined set of actors identified in their text and the forms they prescribe. The primary affected parties are practitioners, patients (people seeking voluntary assisted dying), contact persons, dispensing pharmacies and administrative officers of the Secretary. Secondary affected parties include interpreters accredited by the two prescribed bodies and pharmacists who dispense and receive returned substances.

Co-ordinating medical practitioners

The application forms and permit forms require the co-ordinating medical practitioner to provide full name, practice address, telephone number, email, qualifications and AHPRA registration number (Forms 1, 2). The practitioner must sign statements of satisfaction about capacity and the enduring nature of the request, and attach the final review and other specified documents (Forms 1, 2). The practitioner is exposed to criminal liability warnings on the application forms for falsifying forms or knowingly making false statements under ss 87 and 88 of the Act (Forms 1, 2).

Person in respect of whom the permit is sought

The person (the patient) is the subject of the permit. The permits authorise the person to possess and self-administer the substance under the self-administration permit (Form 3), and specify that the person’s decision-making capacity and voluntariness must be satisfied by the coordinating practitioner in the application (Forms 1, 2, 3, 4). The labelling statements attach conditions and warnings directly to the substance dispensed for that person (Forms 5 and 6).

Contact persons

The self-administration permit authorises a named contact person to possess, store and transport unused or remaining voluntary assisted dying substance to the dispensing pharmacy within 15 days after death, and to carry and transport the substance in specified events including VCAT orders and s 53 requests (Form 3; Form 5). The labelling statement instructs the contact person to return unused substance within 15 days after death (Form 5).

Dispensing pharmacies and pharmacists

The label statements require the dispensing pharmacy to be recorded and specify that unused substance must be returned to a pharmacist at the dispensing pharmacy (Forms 5 and 6). Pharmacists will therefore be tasked with receiving returns within a 15 day window; the Regulations thus affect pharmacy handling and record-keeping.

The Secretary (administrative decision-maker)

The Secretary is the determinative administrative official who issues the statutory permits and signs Forms 3 and 4 (Forms 3 and 4: Signed: [Secretary]) and is subject to the 3 business day determination period prescribed in reg 7 which implements s 49(1) of the Act.

Interpreters and persons with communication impairment

The Regulations prescribe which bodies provide acceptable accreditation for interpreters for the Act’s purposes: NAATI and Speech Pathology Australia (reg 11). This confines eligible interpreters to persons accredited by those organisations and thereby affects individuals and service providers who supply interpreting and communication support.

AHPRA and registered practitioners

The forms require AHPRA registration numbers and define AHPRA by reference to the Health Practitioner Regulation National Law s 23 (reg 4). Registered health practitioners will therefore be the ones eligible to be co-ordinating medical practitioners and will face documentation requirements.

Those subject to criminal provisions in the Act

The forms incorporate statements pointing to criminal offences in the Act: issuing a warning that falsifying or making false statements is an offence (Forms 1 and 2 referencing ss 87 and 88), and labelling warnings referencing s 83 (practitioner administration) and s 84 (self-administration) with maximum penalties indicated (Forms 5 and 6). While the Regulations do not create these offences, they embed the statutory criminal warnings into the procedural paperwork and affect practitioners’ and contact persons’ legal exposure by requiring acknowledgement of the relevant statutory prohibitions.

Other regulatory actors

The Endnotes indicate the Regulations are subject to the Subordinate Legislation Act 1994 sunset mechanism (Endnotes). This affects any party whose compliance obligations depend on the continued existence of these Regulations over the 10 year lifecycle recorded in the Endnotes.

In short, the Regulations allocate documentary and handling duties to practitioners, patients, contact persons, pharmacists and the Secretary, and limit interpreter accreditation to two bodies. Each of these parties receives discrete obligations and exposures via the prescribed forms and specifications.

The Regulations create prescriptive duties and confer narrowly defined rights by reference to the Act. The duties are concentrated in the prescribed forms, labelling statements and storage specifications.

Duties of co-ordinating medical practitioners

Complete and sign the prescribed application forms for self-administration or practitioner administration permits (Forms 1 and 2) with the required details: name, practice address, telephone, email, qualifications and AHPRA registration number (Forms 1, 2; reg 4 defines AHPRA). The practitioner must state they are satisfied as to decision-making capacity and that the request is enduring, and must attach the completed final review form and forms referred to in s 41(1)(a) of the Act (Forms 1, 2).
A duty to avoid falsifying forms or making false statements is flagged: the forms explicitly warn that ss 87 and 88 of the Act criminalise falsifying a form or knowingly making a false statement in a report or form, with maximum penalties set out in the Act (Forms 1 and 2). Those duties create an evidentiary and documentary compliance burden on practitioners.

Duties of the Secretary

Determine applications for voluntary assisted dying permits within the prescribed period of 3 business days (reg 7) under s 49(1) of the Act. The Secretary must sign and issue the permits on the prescribed forms (Forms 3 and 4) which specify the permitted activities (reg 8; Forms 3 and 4).

Duties and rights under the self-administration permit

The self-administration permit (Form 3) authorises the co-ordinating medical practitioner to prescribe and supply a voluntary assisted dying substance that is self-administrable and of sufficient dose to cause death (Form 3; linked to s 45 of the Act as indicated in the form). It authorises the named person to obtain, possess, store, use and self-administer the substance. It authorises the contact person to possess and return unused substance to the dispensing pharmacy within 15 days after death, and to carry and transport the substance in the events specified such as a s 53 request or a VCAT order (Form 3).

Duties and rights under the practitioner administration permit

The practitioner administration permit (Form 4) authorises the co-ordinating medical practitioner to prescribe and supply, to receive in the presence of a witness an administration request, and to possess, use and administer the substance in the presence of a witness if statutory preconditions are met. The permit requires that the person is physically incapable of self-administration, has decision-making capacity at the time of the request, acts voluntarily and without coercion, and the request is enduring, and that administration occurs immediately after the administration request (Form 4; linked to s 46 of the Act).

Duties regarding labelling and storage

The Regulations require that voluntary assisted dying substances dispensed under either permit carry a prescribed labelling statement (Forms 5 and 6) which contains warnings about the lethal effect and criminal offences for misuse. The labelling statements require storage in a locked box that meets the specifications in reg 10, and they require a contact person to return any unused or remaining substance to the dispensing pharmacist within 15 days after death or take other actions specified in the scenarios set out in the label text (Forms 5 and 6; reg 9).

Pharmacist duties

A dispensing pharmacy must be identified on the label statement and is the recipient of returned substances as required by the label statement (Forms 5 and 6). Pharmacists therefore have a duty to receive returned substances and to handle dispensed substances in accordance with the label and the Act.

Interpreter accreditation duties

Where the Act requires an accredited interpreter, the Regulations prescribe NAATI and Speech Pathology Australia as the bodies whose accreditation suffices (reg 11). This imposes a duty on parties to secure interpreters accredited by those bodies where the Act requires accreditation.

Rights conferred

The permit forms confer rights to prescribe, supply and, in the case of self-administration, to obtain and self-administer a specified substance, and to have contact persons manage and return unused substance within the specified conditions (Forms 3, 4). The forms specify these rights as limited to named persons and named practitioners and subject to compliance with the permit and the Act.

Record and criminal compliance duties

The application forms require attachment of the final review form and all completed forms referred to in s 41(1)(a) of the Act (Forms 1 and 2). They contain warnings about criminal penalties for falsification or knowingly false statements (Forms 1 and 2), which reinforces duties of accurate record-keeping and truthfulness under the Act.

Structural limits on discretion

By prescribing forms and a 3 business day decision window, the Regulations circumscribe administrative discretion in certain respects: the Secretary must operate within the prescribed timeframe; practitioners must use the prescribed forms and include specified statements and attachments; interpreters must be accredited by the prescribed bodies. Nevertheless, the substance of eligibility and clinical assessments remains governed by the Act; the Regulations prescribe the documentary and technical interface.

In sum, the Regulations turn statutory requirements in the Voluntary Assisted Dying Act 2017 into concrete documentary duties and limited technical obligations regarding storage and accreditation, while granting narrow rights to prescribe, supply and administer substances subject to the Act and the permits issued by the Secretary.

The Regulations themselves do not create new criminal offences. They embed and reproduce warning language and statutory cross-references to offences and penalties contained in the Voluntary Assisted Dying Act 2017. The enforcement mechanism therefore operates through the Act’s criminal provisions, administrative determinations by the Secretary, and the practical obligations imposed on dispensing pharmacies and contact persons.

Criminal offences referenced in the forms

Forms 1 and 2 (applications for permits) explicitly warn practitioners about criminal offences under ss 87 and 88 of the Act. The forms state that s 87 makes it a criminal offence to falsify a form or record required under the Act, and that s 88 criminalises knowingly making a false statement in a report or form that the person knows is false or misleading in a material particular. The forms state both offences carry a maximum penalty of 5 years imprisonment or 600 penalty units, or both in respect of a natural person (Forms 1 and 2). Those warnings place practitioners on notice of the statutory penalties that attach to falsification and false statements.
Labelling statements (Forms 5 and 6) reference the more serious criminal prohibitions associated with the misuse of the voluntary assisted dying substance. Form 5 (self-administration label) warns that it is a criminal offence under s 84 to knowingly administer the substance to another person, carrying a maximum penalty of life imprisonment. Form 6 (practitioner administration label) warns that it is a criminal offence under s 83 to intend to cause the person’s death by administering the substance and knowingly administering otherwise than in accordance with the practitioner administration permit, also carrying a maximum penalty of life imprisonment (Forms 5 and 6). These label statements are intended to warn and deter improper administration and misuse.

Administrative enforcement via permits

The Secretary issues permits on the prescribed forms (Forms 3 and 4) and is required by reg 7 to determine an application within 3 business days. The power to grant, refuse or impose conditions on permits rests with the Secretary under the Act; the Regulations prescribe the procedural format and the timeframe for that administrative enforcement mechanism (reg 7, reg 8, Forms 3 and 4). The permit itself is both an authorisation and an enforcement tool: conducting activities outside the permit’s scope risks exposure to criminal liability as signalled in the labels and application warnings.

Handling and return obligations

The labelling statements create an enforceable duty by instructing contact persons to return unused substance to a pharmacist within 15 days after the person’s death or to transport it in other specified events. While the Regulations do not set out a specific enforcement penalty for failing to return within 15 days, the label text references the criminal offences that attach to improper administration and the Act’s overall regulatory framework. The requirement to return unused substance will therefore be enforced through the Act’s regulatory ecosystem and professional practice obligations of pharmacists.

Interpreter accreditation enforcement

Reg 11 prescribes two accreditation bodies for interpreters. The practical enforcement effect is that parties seeking to satisfy the Act’s interpreter accreditation requirement must use interpreters accredited by those bodies. The Regulations do not set out a separate penalty if an interpreter lacks such accreditation; enforcement would proceed through the Act’s requirements and any professional or administrative consequences for failing to comply with the Act’s processes.

Sunset and oversight

The Endnotes record that the Regulations will sunset 10 years after the day of making (25 September 2028) under the Subordinate Legislation Act 1994. That statutory sunset is an oversight mechanism that limits the Regulations’ longevity and creates a future point for legislative reconsideration (Endnotes).

Practical enforcement actors

Enforcement and oversight will involve the Secretary as the permit-issuing authority, pharmacists who dispense and receive returned substances, co-ordinating medical practitioners who complete attested forms and face criminal penalties for false statements, and potentially VCAT where orders are mentioned in the permit text requiring return of substances (Forms 3 and 5 refer to VCAT orders). The Regulations thus embed enforcement through administrative decisions, professional duties and the Act’s criminal sanctions.

In short, the Regulations anchor enforcement to existing criminal provisions in the Act and operationalise enforcement through procedural obligations and the Secretary’s permit process, while supplying labelling and storage prescriptions to reduce risks associated with handling lethal substances.

The Regulations are explicitly drafted to implement and operate alongside the Voluntary Assisted Dying Act 2017 and to refer to a small set of other instruments and statutory concepts. Their cross-references determine how they fit into the broader legal framework.

Primary enabling and cross-reference to the Act

The Regulations are made under s 118 of the Voluntary Assisted Dying Act 2017 (reg 2). They repeatedly refer to specific provisions of the Act to fix procedural details: reg 5 prescribes the form for the purposes of s 47(2)(a) of the Act; reg 6 prescribes the form for s 48(2)(a); reg 7 prescribes the period for s 49(1); reg 8 prescribes permit forms for s 49(5) and refers in the Forms to ss 45, 46 and 50; reg 9 prescribes labelling statements for s 59(2); reg 10 prescribes secure storage requirements for s 61; reg 11 prescribes bodies for s 115(a). The Schedule 1 forms are therefore instruments that must be read and used within the procedural framework established by the Act.

Interaction with Health Practitioner Regulation National Law

Reg 4 defines AHPRA by reference to s 23 of the Health Practitioner Regulation National Law. The requirement that coordinating medical practitioners supply their AHPRA registration number and the definition of AHPRA tie the Regulations to the national registration framework and the regulatory identity of practitioners.

Interaction with Public Holidays Act 1993

Reg 4 defines business day by excluding public holidays as defined in the Public Holidays Act 1993. The 3 business day determination period in reg 7 therefore excludes weekends and public holidays under that Act, so that interaction determines the practical length of the Secretary’s time to decide.

Interaction with VCAT and the Act’s own review mechanisms

The permits and labelling statements incorporate references to VCAT orders and s 53 requests (Form 3 and Form 5). These references show that the Regulations are designed to operate in concert with the Act’s administrative review and tribunal pathways; they anticipate that VCAT may make orders about return of substances, and that a person may make a s 53 request which affects possession and transport obligations for contact persons.

Subordinate Legislation Act 1994

The Endnotes state that the Regulations will sunset 10 years after the day of making under s 5 of the Subordinate Legislation Act 1994. The Subordinate Legislation Act therefore imposes a structural temporal limit affecting the Regulations’ duration, and will require review or replacement by the sunset date if the regulatory regime is to continue beyond 25 September 2028 (Endnotes).

Criminal law in the Act

The labelling statements and application forms cross-reference criminal provisions in the Act (ss 83, 84, 87 and 88) and inform persons and practitioners of potential penalties up to life imprisonment in the case of some offences. The Regulations thereby interact with the Act’s criminal regime and place documentary duties that support enforcement under the Act.

No broader statutory amendments or interactions recorded

The Endnotes report there are no amendments to the Regulations and no amendments not in operation at the date of the publication (Endnotes). The Regulations do not purport to interact with other statutes beyond those expressly referenced.

In practical terms, the Regulations sit subordinate to and operate within the Act’s statutory scheme; they rely on national registration law for practitioner identification and on the Public Holidays Act for temporal calculations; and they are subject to sunset under the Subordinate Legislation Act 1994. The Regulations are not freestanding; they provide form, timeframes, labels and minimal technical specifications that the Act requires to be prescribed.

The Regulations contain a concise recorded amendment history in the Endnotes. As at the version date provided (19 June 2019), the Endnotes state the following:

The Regulations were made on 25 September 2018 by the Lieutenant-Governor as the Governor’s deputy, with the advice of Executive Council, under s 118 of the Voluntary Assisted Dying Act 2017. They came into operation on 19 June 2019, as reflected in reg 3 and the Endnotes.
There are no amendments made to the Voluntary Assisted Dying Regulations 2018 by statutory rules, subordinate instruments or Acts as at the date of publication. The Endnotes include a Table of Amendments entry indicating none (Endnotes: Table of Amendments).
There are no amendments that were Not in Operation at the date of publication (Endnotes: Amendments Not in Operation).
The Endnotes record that the Regulations will sunset 10 years after the day of making on 25 September 2028, pursuant to s 5 of the Subordinate Legislation Act 1994 (Endnotes). That sunset date is part of the Regulations’ amendment and lifecycle context because it imposes a termination point unless the Regulations are remade or extended consistent with the Subordinate Legislation Act.
The explanatory details section of the Endnotes records no entries at the date of publication (Endnotes: Explanatory details: No entries at date of publication).

Consequences for users

The lack of recorded amendments means that the content of the forms, the 3 business day determination period, the lock box specification, and the prescribed accreditation bodies remain as first published (Schedule 1; regs 5-11). Any future changes would be recorded as amendments in the Endnotes; none are present in the current instrument.

In short, the Regulations were published, commenced and remained unamended up to the version date in the source. The statutory sunset provides a temporal boundary for the instrument’s continued operation unless legislative action is taken prior to 25 September 2028.

The Regulations themselves do not record any litigation history in the Endnotes or elsewhere in the instrument. The Endnotes include an explanatory details section and a table of amendments; both record no entries or amendments, and no cases are cited in the text of the Regulations or the attached forms. Therefore, the source contains no recorded judicial decisions, appeals, tribunal determinations or litigation outcomes that interpret or challenge these Regulations.

What the Regulations do contain that may be implicated in future litigation are:

Formal attestations and explicit warnings about criminal offences under the Act (Forms 1, 2, 5, 6). Those warnings highlight potential criminal exposure for falsifying documents, false statements and unlawful administration, which are matters that could, in principle, lead to prosecutions under the Act’s criminal provisions. However the Regulations themselves do not record any prosecutions or cases.
Administrative decisions by the Secretary are required to be made within a prescribed period of 3 business days (reg 7). Administrative timeliness, refusal to issue a permit, or conditions attached to a permit are the kinds of decisions that could be the subject of judicial review or tribunal proceedings in other contexts. The Regulations do not contain a record of any such proceedings.
The permit forms refer to VCAT orders (Form 3 and Form 5) and the return of substances after death or in response to a s 53 request. VCAT’s role in making orders that affect possession and return of substances is referenced; potential disputes about compliance with those orders or interpretations of the permit authorisations could, in principle, lead to tribunal or court litigation. The Regulations contain no history of such litigation.

Because the source does not list cases, any discussion of litigation beyond noting that none is recorded would be speculative. The observable fact in the instrument is the absence of any litigation history in the Endnotes and the lack of case citations or references throughout the Regulations and Schedule 1 forms.

The Regulations are short and technical, but they contain several points where practical compliance, unintended consequences or friction could arise. The following are concrete operational "gotchas" grounded in the text.

Narrow prescribed forms, mandatory attachments and criminal warnings

Regs 5 and 6 prescribe Form 1 and Form 2 as the exclusive application forms for self-administration and practitioner administration permits. The application forms require attachment of the completed final review form and all completed forms referred to in s 41(1)(a) of the Act (Forms 1 and 2). Practitioners must therefore ensure all attachments exist and are properly completed. The forms also include explicit warnings about criminal offences under ss 87 and 88 of the Act with maximum penalties (Forms 1 and 2). Failure to attach required documents or to be truthful in the attestation can expose a practitioner to serious criminal penalties as described in the Act and highlighted in these forms.

Short administrative decision window

Reg 7 prescribes that the Secretary must determine an application within 3 business days. The definition of business day excludes weekends and public holidays under reg 4, but the net effect is a short window for administrative determination. Applicants and practitioners must plan submissions and attachments to fit the Secretary’s timeframe. Missing or incomplete documentation may delay the Secretary’s decision in practice, even though the Regulations prescribe 3 business days on their face.

Physical storage specification is minimal but absolute

Reg 10 prescribes minimal lock box characteristics: constructed of steel, not easily penetrable, and lockable with a lock of sturdy construction. The lack of a technical standard number, certification requirement or measurement threshold means uncertainty about compliance: what qualifies as "not easily penetrable" or "sturdy construction" is a question for suppliers, pharmacists, practitioners and enforcement bodies. Practitioners and contact persons must select storage that clearly meets reasonable standards and may need to document compliance to avoid disputes.

Label wording creates duties and reminders

Forms 5 and 6 contain required label wording including a high-penalty criminal warning (life imprisonment references in Forms 5 and 6). Practitioners and pharmacies must ensure the precise text appears on the dispensed substance. The label also requires return to pharmacist within 15 days after the person’s death, which imposes a tight window that families or contact persons must meet. Failure to comply with the return obligation could create complications, including potential forensic or regulatory inquiries, given the lethal nature of the substance.

Contacts and transport obligations fall on private persons

The self-administration permit authorises a named contact person to possess and transport the substance in several scenarios (Form 3). The contact person may be a family member or friend. The Regulations require this private actor to return or transport the substance to a dispensing pharmacist in specified situations. That places logistical duties and potential liability on non-professionals who may not be familiar with hazardous-substance handling.

Interpreter accreditation is limited

Reg 11 prescribes only two bodies as meeting the Act’s interpreter accreditation requirement. If a person requires an interpreter and the only available interpreter is not accredited by those bodies, the practitioner must find an accredited interpreter to satisfy the Act’s requirements. That may create access issues or delays in some locales.

Permits are person- and practitioner-specific

The permit forms require naming of the practitioner, the person and the contact person, and specify the substance and maximum dose (Forms 3 and 4). The authorisations are thus narrow: different practitioners or substitute carers may require fresh permits or administrative adjustments in the event of changes. Practitioners should not assume a permit is transferrable between providers.

Return and VCAT interaction

The forms expressly reference VCAT orders as triggering return obligations (Form 3 and Form 5). Parties must be alert that tribunal decisions can alter possession rights. A failure to follow a VCAT order that interacts with these obligations could raise separate legal exposure.

No technical standard reference for labels or packaging

The labels are prescribed in text but the Regulations do not provide typographic or packaging standards (size of label, placement, resistance to tampering), so compliance disputes could arise about whether a label was affixed correctly. Pharmacies must implement the label text in a manner that is defensible in audit or enforcement situations.

Sunset date requires future planning

The Endnotes record a sunset on 25 September 2028. Practitioners, administrators and pharmacies should be aware that the regulatory template may change at or before the sunset date, which could require system or form updates.

Taken together, these points show that although the Regulations are short and focused, a small set of technicalities and narrow prescriptions create practical compliance traps that require attention to documentation, timing, storage procurement, and the availability of accredited interpreters.

Compliance under the Regulations requires attention to the prescribed forms, the attachments and the procedural timeframes, together with practical steps to satisfy the storage and labelling prescriptions. The following concrete steps follow from the Regulations’ text.

Use the prescribed forms exactly

Always use Form 1 for an application for a self-administration permit and Form 2 for an application for a practitioner administration permit as prescribed in regs 5 and 6 and printed in Schedule 1. Do not substitute other templates or omit the prescribed labelling wording where required. The Regulations make these forms the authorised documents for the specified sections of the Act.

Complete and attach required documents

When submitting Form 1 or Form 2, attach the completed final review form and all completed forms referred to in s 41(1)(a) of the Act as required by Forms 1 and 2. Ensure that the attestation statements about decision-making capacity and enduring request are accurate and can be supported by the attached clinical documentation. The application forms contain explicit warnings about ss 87 and 88 of the Act; therefore careful record-keeping and truthful completion are essential to avoid criminal exposure.

Provide AHPRA details and practitioner identification

Include the coordinating medical practitioner’s AHPRA registration number and relevant practice contact information on the application and permit forms (Forms 1-4; reg 4 defines AHPRA). Verify the AHPRA registration details before submission.

Plan for the Secretary’s 3 business day decision window

Reg 7 prescribes a 3 business day determination period for the Secretary. Submit complete applications with all attachments well ahead of any required administration date to avoid problems if documents are deficient. Remember that business days exclude weekends and public holidays as defined by the Public Holidays Act 1993 (reg 4).

Secure the appropriate lock box and document compliance

Procure a lock box that is constructed of steel, is not easily penetrable, and is lockable with a lock of sturdy construction, as prescribed by reg 10. Keep a procurement record and, if necessary, a simple compliance statement (photograph, invoice, product spec) demonstrating the lock box meets these minimal criteria, since the Regulations do not provide an objective testing standard.

Apply the exact labelling statements

When dispensing voluntary assisted dying substance, apply the text prescribed in Form 5 (self-administration) or Form 6 (practitioner administration) exactly. Record the dispensing pharmacy on the label as required. Ensure the label is durable and clearly legible on the container used for dispensing.

Train and inform contact persons

For self-administration permits, identify and brief the named contact person about their duties under the permit and the labelling statement: possession and storage obligations, requirements to return unused substance to the dispensing pharmacist within 15 days after death, and transportation obligations if the person decides not to self-administer or in response to a VCAT order or a s 53 request (Form 3 and Form 5). Provide written instructions and contact details of the dispensing pharmacy and practitioner.

Ensure interpreter accreditation where required

If an interpreter is required under the Act, engage an interpreter accredited by either NAATI or Speech Pathology Australia as prescribed in reg 11. Verify accreditation credentials and retain documentation of the interpreter’s accreditation to demonstrate compliance.

Pharmacy handling and record-keeping

Dispensing pharmacies must record the dispensing of voluntary assisted dying substances and be prepared to receive returned unused substances within 15 days after the person’s death as required by the labels (Forms 5 and 6). Pharmacies should develop intake protocols for returned substances, maintain chain-of-custody records and reconcile returns against dispensing records.

Permit specificity and changes in circumstances

Treat permits as specific to the named practitioner, person and substance (Forms 3 and 4). If there is a change of practitioner, contact person, dispensing pharmacy or substance, obtain a new permit or authoritative administrative direction to avoid operating outside the permit authorisation.

Document everything and retain records

Given the criminal-law warnings in Forms 1, 2, 5 and 6, maintain contemporaneous records of all clinical assessments, attestation statements, signed permit copies, dispensing records, label copies, lock box procurement documents, and any communications with the Secretary. Retain records in accordance with professional and statutory record-keeping requirements, so that in any subsequent review or inquiry the documentary trail is available.

Prepare for tribunal interactions

Be aware that VCAT orders are explicitly referenced in the permit and label texts (Forms 3 and 5). Establish internal procedures to respond rapidly to a VCAT order or a s 53 request concerning possession and return of the substance.

Monitor legislative lifecycle

Note the sunset date recorded in the Endnotes (25 September 2028) and monitor for any amendments or replacement regulations before that date that could change forms, labelling requirements, storage specifications or accreditation rules.

By following these procedural, documentary and practical steps that directly implement the prescriptions in regs 4-11 and Schedule 1 (Forms 1-6), practitioners, pharmacies, contact persons and administrators can align operations to the Regulations’ mandated form and technical requirements.

Voluntary Assisted Dying Regulations 2018

Plain English Summary

Deep Dive

What it does

Current sections

Voluntary Assisted Dying Regulations 2018

Source text: opening excerpt

1 Voluntary Assisted Dying Regulations 2018

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