1Voluntary 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 **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 (c) lockable with a lock of sturdy construction. 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 nam*e], 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**. 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 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: ……………………………………………………. ═════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://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.