RIGHTS OF THE TERMINALLY ILL ACT 1995 - SECT 3 Interpretation

RIGHTS OF THE TERMINALLY ILL ACT 1995 - SECT 3

In this Act, unless the contrary intention appears:

"assist", in relation to the death or proposed death of a patient, includes the prescribing of a substance, the preparation of a substance and the giving of a substance to the patient for self administration, and the administration of a substance to the patient.

"certificate of request" means a certificate in or to the effect of the form in the Schedule that has been completed, signed and witnessed in accordance with this Act.

"health care provider", in relation to a patient, includes a hospital, nursing home or other institution (including those responsible for its management) in which the patient is located for care or attention and any nurse or other person whose duties include or directly or indirectly relate to the care or medical treatment of the patient.

"illness" includes injury or degeneration of mental or physical faculties.

"medical practitioner" means a medical practitioner who has been entitled to practise as a medical practitioner (however described) in a State or a Territory of the Commonwealth for a continuous period of not less than 5 years and who is resident in, and entitled under the Medical Act 1995 to practise medicine in, the Territory.

"qualified psychiatrist" means:

        (a)     a person entitled under a law of a State or Territory of the Commonwealth to practise as a specialist in the medical specialty of psychiatry;

        (b)     a specialist whose qualifications are recognised by the Royal Australian and New Zealand College of Psychiatrists as entitling the person to fellowship of that College; or

        (c)     a person employed by the Commonwealth or a State or Territory of the Commonwealth, or an Agency or authority of the Commonwealth or a State or Territory, as a specialist or consultant in the medical specialty of psychiatry.

"terminal illness", in relation to a patient, means an illness which, in reasonable medical judgment will, in the normal course, without the application of extraordinary measures or of treatment unacceptable to the patient, result in the death of the patient.