VOLUNTARY ASSISTED DYING ACT 2022 - As at 29 November 2023 - Act 17 of 2022
- As at 29 November 2023
- Act 17 of 2022
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Preliminary
- 1 Name of Act
- 2 Commencement
- 3 Act to bind Crown
Division 2 - Principles
Division 3 - Interpretation
Division 4 - Other provisions
PART 2 - REQUIREMENTS FOR ACCESS TO VOLUNTARY ASSISTED DYING
- 15 When person may access voluntary assisted dying
- 16 Eligibility criteria
- 17 Residency exemptions
PART 3 - REQUESTING ACCESS TO VOLUNTARY ASSISTED DYING AND ASSESSMENT OF ELIGIBILITY
Division 1 - Eligibility requirements for medical practitioners
- 18 Eligibility to act as coordinating practitioner or consulting practitioner
Division 2 - First request
- 19 Person may make first request to medical practitioner
- 20 No obligation to continue after making first request
- 21 Medical practitioner to accept or refuse first request
- 22 Medical practitioner to record first request and acceptance or refusal
- 23 Medical practitioner to notify Board of first request
- 24 Medical practitioner becomes coordinating practitioner if first request accepted
Division 3 - First assessment
- 25 First assessment
- 26 Referral to another medical practitioner for opinion--disease, illness or medical condition
- 27 Referral for opinion--other matters
- 28 Information to be provided if patient assessed as meeting eligibility criteria
- 29 Outcome of first assessment
- 30 Recording and notification of outcome of first assessment
- 31 Referral for consulting assessment if patient assessed as eligible
Division 4 - Consulting assessment
- 32 Medical practitioner to accept or refuse referral for consulting assessment
- 33 Medical practitioner to record referral and acceptance or refusal
- 34 Medical practitioner to notify Board of referral
- 35 Medical practitioner becomes consulting practitioner if referral accepted
- 36 Consulting assessment
- 37 Referral to another medical practitioner for opinion--disease, illness or medical condition
- 38 Referral for opinion--other matters
- 39 Information to be provided if patient assessed as meeting eligibility criteria
- 40 Outcome of consulting assessment
- 41 Recording and notification of outcome of consulting assessment
- 42 Referral for further consulting assessment if patient assessed as ineligible
Division 5 - Written declaration
- 43 Patient assessed as eligible may make written declaration
- 44 Witness to signing of written declaration
- 45 Certification of witness to signing of written declaration
- 46 Coordinating practitioner to record written declaration
- 47 Coordinating practitioner to notify Board of written declaration
Division 6 - Final request and final review
- 48 Patient may make final request to coordinating practitioner
- 49 When final request may be made
- 50 Coordinating practitioner to record final request
- 51 Coordinating practitioner to notify Board of final request
- 52 Final review by coordinating practitioner on receiving final request
- 53 Technical error not to invalidate request and assessment process
- 54 No obligation for patient to continue after completion of request and assessment process
PART 4 - ACCESSING VOLUNTARY ASSISTED DYING AND DEATH
Division 1 - Eligibility requirements for administering practitioners
- 55 Eligibility to act as administering practitioner
Division 2 - Administration of voluntary assisted dying substance
- 56 Application of Division
- 57 Administration decision
- 58 Revocation of administration decision
- 59 Self-administration
- 60 Practitioner administration
- 61 Coordinating practitioner to notify Board about prescription of substance
- 62 Certification by administering practitioner following administration of prescribed substance
- 63 Witness to administration of prescribed substance
- 64 Transfer of administering practitioner's role
Division 3 - Contact person
- 65 Application of Division
- 66 Patient to appoint contact person
- 67 Contact person appointment form
- 68 Role of contact person
- 69 Contact person may refuse to continue in role
Division 4 - Authorisations in relation to voluntary assisted dying substances
- 70 Coordinating practitioner may ask Board to issue voluntary assisted dying substance authorisation
- 71 Board must decide application
- 72 Refusal of application for voluntary assisted dying substance authority
Division 5 - Prescribing, supplying and disposing of voluntary assisted dying substance
- 73 Information to be given before prescribing substance
- 74 Prescription for substance
- 75 Authorised supplier to authenticate prescription
- 76 Information to be given when supplying prescribed substance
- 77 Labelling requirements for prescribed substance
- 78 Authorised supplier to record and notify of supply
- 79 Storage of voluntary assisted dying substance
- 80 Disposal of prescribed substance by authorised disposer
- 81 Authorised disposer to record and notify of disposal
- 82 Disposal of prescribed substance by administering practitioner
- 83 Administering practitioner to record and notify of disposal
Division 6 - Other matters
- 84 Authorised suppliers and authorised disposers
- 85 Certain directions as to supply or administration prohibited
- 86 Structured administration and supply arrangement not to be issued for substance
- 87 Notification of death
PART 5 - PARTICIPATION
Division 1 - Preliminary
- 88 Definitions
- 89 Participation in providing voluntary assisted dying services
Division 2 - Residential facilities
Subdivision 1 - Information about voluntary assisted dying
- 90 Access to information about voluntary assisted dying
Subdivision 2 - Access to voluntary assisted dying
- 91 Application of Subdivision
- 92 First and final requests
- 93 First assessments
- 94 Consulting assessments
- 95 Written declarations
- 96 Application for administration decision
Subdivision 3 - Administration of voluntary assisted dying substance
- 97 Administration of voluntary assisted dying substance
Subdivision 4 - Information about non-availability of voluntary assisted dying
- 98 Relevant entities to inform public about non-availability of voluntary assisted dying
Division 3 - Health care establishments
Subdivision 1 - Information about voluntary assisted dying
- 99 Access to information about voluntary assisted dying
Subdivision 2 - Access to voluntary assisted dying
- 100 Application of Subdivision
- 101 First and final requests
- 102 First assessments
- 103 Consulting assessments
- 104 Written declarations
- 105 Application for administration decision
Subdivision 3 - Administration of voluntary assisted dying substance
- 106 Administration of voluntary assisted dying substance
Subdivision 4 - Information about non-availability of voluntary assisted dying
- 107 Relevant entities to inform public about non-availability of voluntary assisted dying
PART 6 - REVIEW BY SUPREME COURT
- 108 Definitions
- 109 Application for review of certain decisions by Supreme Court
- 110 Patient party to proceedings
- 111 Consequences of review application
- 112 Review application taken to be withdrawn if patient dies
- 113 Decision of Supreme Court
- 114 Effect of decision under s 113(a), (c), (e), (f) or (j)
- 115 Effect of decision under s 113(b), (d), (g), (h) or (i)
- 116 Coordinating practitioner may refuse to continue in role
- 117 Hearings of Supreme Court to be held in private
- 118 Notice requirements
- 119 Coordinating and consulting practitioners to give Supreme Court relevant material
- 120 Supreme Court to give written reasons for decision
- 121 Published decisions or reasons to exclude personal information
- 122 Interim orders
PART 7 - OFFENCES
- 123 False or misleading information
- 124 Cancellation of document presented as prescription
- 125 Contact person to give unused or remaining substance to authorised disposer
- 126 Recording, use or disclosure of information
- 127 Publication of personal information concerning proceeding before Supreme Court
PART 8 - ENFORCEMENT
- 128 Application of Poisons and Therapeutic Goods Act 1996
- 129 Court to notify Health Secretary of conviction of offence under Act
PART 9 - PROTECTION FROM LIABILITY
- 130 Protection for persons assisting access to voluntary assisted dying or present when substance administered
- 131 Protection for persons acting in accordance with Act
- 132 Protection for medical practitioner who refers person or seeks information
- 133 Protection for certain persons who do not administer lifesaving treatment
PART 10 - VOLUNTARY ASSISTED DYING BOARD
Division 1 - Establishment
- 134 Board established
- 135 Status
Division 2 - Functions and powers
- 136 Functions of Board
- 137 Powers of Board
- 138 Delegation by Board
Division 3 - Staff and assistance
- 139 Staff and services
- 140 Assistance
Division 4 - Accountability
- 141 Minister may give directions
- 142 Minister to have access to information
Division 5 - Membership
- 143 Membership of Board
- 144 Chairperson and deputy chairperson
- 145 Term of office
- 146 Casual vacancies
- 147 Extension of term of office during vacancy
- 148 Alternate members
- 149 Remuneration of members
Division 6 - Board meetings
- 150 Holding meetings
- 151 Quorum
- 152 Presiding member
- 153 Procedure at meetings
- 154 Voting
- 155 Holding meetings remotely
- 156 Resolution without meeting
- 157 Minutes
Division 7 - Disclosure of interests
- 158 Disclosure of material personal interest
- 159 Voting by interested member
- 160 Section 159 may be declared inapplicable
- 161 Quorum where s 159 applies
- 162 Minister may declare ss 159 and 160 inapplicable
Division 8 - Committees
- 163 Establishment of committees
- 164 Directions to committee
- 165 Committee to decide own procedures
- 166 Remuneration of committee members
Division 9 - Information
- 167 Board to send information to contact person for patient
- 168 Request for information
- 169 Disclosure of information
- 170 Board to record and keep statistical information
Division 10 - Miscellaneous
- 171 Board to notify receipt of forms
- 172 Execution of documents by Board
- 173 Annual report
PART 11 - ACCESS STANDARD
- 174 Standard about access to voluntary assisted dying
PART 12 - GENERAL
- 175 Transfer of coordinating practitioner's role
- 176 Communication between patient and practitioner
- 177 Electronic signature
- 178 Information about voluntary assisted dying
- 179 Official voluntary assisted dying care navigator service
- 180 Health Secretary may approve training, information and other resources
- 181 Guidelines
- 182 Health Secretary may approve forms
- 183 Interpreters
- 184 Relationship with Guardianship Act 1987 and Powers of Attorney Act 2003
- 185 Annual report to include information about palliative care spending
- 186 Review of Act
- 187 Regulations
Schedule 1A (Repealed)
