VOLUNTARY ASSISTED DYING ACT 2021
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Meaning of decision making capacity
- 5 Voluntary assisted dying not palliative care
- 6 Voluntary assisted dying not suicide
- 7 Interpreters
- 8 Principles
- 9 When may a person access voluntary assisted dying
- 10 Conscientious objection of registered health practitioners
- 11 Conscientious objection of operators of certain health service establishments
- 12 Voluntary assisted dying must not be initiated by registered health practitioner
- 13 Chief Executive may approve training for medical practitioners
- 14 Delegations
PART 2--Conscientious objection of operators of certain residential facilities
Division 1--Preliminary
Division 2--Information about voluntary assisted dying
- 17 Access to information about voluntary assisted dying
Division 3--Request and assessment process
- 18 Application of Division
- 19 First requests and final requests
- 20 First assessments
- 21 Consulting assessments
- 22 Written declarations
- 23 Application for voluntary assisted dying permit
Division 4--Accessing voluntary assisted dying and death
- 24 Administration of voluntary assisted dying substance
Division 5--Information about non-availability of voluntary assisted dying at certain facilities
- 25 Relevant entities to inform public of non-availability of voluntary assisted dying at facility
PART 3--Criteria for access to voluntary assisted dying
- 26 Criteria for access to voluntary assisted dying
PART 4--Requesting access to voluntary assisted dying and assessment of eligibility
Division 1--Minimum requirements for coordinating medical practitioners and consulting medical practitioners
- 27 Minimum requirements for coordinating medical practitioners and consulting medical practitioners
- 28 Certain registered medical practitioners not eligible to act as coordinating medical practitioner etc for person
Division 2--First request
- 29 Person may make first request to registered medical practitioner
- 30 No obligation to continue after making first request
- 31 Registered medical practitioner must accept or refuse first request
- 32 Registered medical practitioner who accepts first request must record first request and acceptance
- 33 Registered medical practitioner who accepts first request becomes coordinating medical practitioner
Division 3--First assessment
- 34 Commencement of first assessment
- 35 Coordinating medical practitioner must not commence first assessment unless approved assessment training completed
- 36 Referral for specialist opinion
- 37 Information to be provided if coordinating medical practitioner assesses person as meeting eligibility criteria
- 38 Outcome of first assessment
- 39 Recording and notification of outcome of first assessment
- 40 Referral for consulting assessment if person assessed as eligible
Division 4--Consulting assessment
- 41 Registered medical practitioner must accept or refuse referral for a consulting assessment
- 42 Registered medical practitioner who accepts referral becomes consulting medical practitioner
- 43 Commencement of consulting assessment
- 44 Consulting medical practitioner must not commence consulting assessment unless approved assessment training completed
- 45 Referral for specialist opinion
- 46 Information to be provided if consulting medical practitioner assesses person as meeting eligibility criteria
- 47 Outcome of consulting assessment
- 48 Recording and notification of outcome of consulting assessment
- 49 Coordinating medical practitioner may refer person assessed as ineligible for further consulting assessment
- 50 Coordinating medical practitioner may transfer role of coordinating medical practitioner
- 51 Process for transfer of coordinating medical practitioner role
Division 5--Written declaration
- 52 Person assessed as eligible for access to voluntary assisted dying may make written declaration
- 53 Witness to making of written declaration
- 54 Certification of witness to signing of written declaration
Division 6--Final request, contact person and final review by coordinating medical practitioner
- 55 Person may make final request
- 56 Final request to be made a certain time after first request and consulting assessment
- 57 Contact person
- 58 Formal requirements for appointment of contact person
- 59 Final review by coordinating medical practitioner on receipt of final request
- 60 Technical error not to invalidate request and assessment process
- 61 Coordinating medical practitioner may apply for voluntary assisted dying permit on certification of request and assessment process on final review
- 62 No obligation for person to continue after certification of request and assessment process on final review
PART 5--Voluntary assisted dying permits
Division 1--Authorisations under voluntary assisted dying permit
- 63 What is authorised by self administration permit
- 64 What is authorised by practitioner administration permit
Division 2--Voluntary assisted dying permits
- 65 Application for self administration permit
- 66 Application for practitioner administration permit
- 67 Chief Executive to determine application for a voluntary assisted dying permit
- 68 Operation of voluntary assisted dying permit
- 69 Return of any dispensed voluntary assisted dying substance
- 70 Cancellation of self administration permit
Division 3--Later physical incapacity of person to self administer voluntary assisted dying substance
- 71 Person may request coordinating medical practitioner apply for a practitioner administration permit
- 72 Destruction of unfilled prescription by coordinating medical practitioner
- 73 Coordinating medical practitioner may apply for a practitioner administration permit
PART 6--Accessing voluntary assisted dying and death
Division 1--Prescribing, dispensing or disposing of voluntary assisted dying substance
- 74 Information to be given on prescribing a voluntary assisted dying substance
- 75 Information to be given by pharmacist dispensing a prescribed voluntary assisted dying substance
- 76 Labeling requirements for voluntary assisted dying substance
- 77 Pharmacist to record and notify of voluntary assisted dying substance dispensed
- 78 Secure storage of voluntary assisted dying substance
- 79 Pharmacist at dispensing pharmacy to dispose of returned voluntary assisted dying substance
- 80 Pharmacist at dispensing pharmacy to record and notify of disposal of returned voluntary assisted dying substance
Division 2--Administration request and administration of voluntary assisted dying substance
- 81 Person may make administration request
- 82 Witness to administration request and administration of voluntary assisted dying substance
- 83 Certification by coordinating medical practitioner following administration of voluntary assisted dying substance
Division 3--Notification of cause of death
- 84 Notification of disease, illness or medical condition of person to the Registrar and Coroner
PART 7--Review of decisions by South Australian Civil and Administrative Tribunal
- 85 Review of decisions by South Australian Civil and Administrative Tribunal
- 86 Notice requirements
- 87 No further action to be taken in relation to access to voluntary assisted dying if application to Tribunal in existence
- 88 Application to Tribunal for review taken to be withdrawn in certain circumstances
- 89 Coordinating medical practitioner or consulting medical practitioner may refuse to continue process
PART 8--Notifications and protections from liability
Division 1--Notifications to Australian Health Practitioner Regulation Agency
- 90 Mandatory notification by registered health practitioner
- 91 Mandatory notification by employer
- 92 Voluntary notification by persons
- 93 Protection from liability for persons making notifications
Division 2--Protection from liability for those who assist, facilitate, do not act or act in accordance with this Act
- 94 Protection from criminal liability of person who assists or facilitates request for or access to voluntary assisted dying
- 95 No liability for registered health practitioner who acts in accordance with this Act
- 96 No liability for registered health practitioner or ambulance paramedic present after person administered voluntary assisted dying substance
- 97 Certain provisions of Criminal Law Consolidation Act 1935 not to apply
PART 9--Offences
- 98 Offence not to comply with practitioner administration permit
- 99 Offence for person to administer voluntary assisted dying substance to another person--self administration permit
- 100 Offence to induce another person to request voluntary assisted dying
- 101 Offence to induce self administration of a voluntary assisted dying substance
- 102 Offence to falsify form or record
- 103 Offence to make a false statement
- 104 Offence for contact person to fail to return unused or remaining voluntary assisted dying substance after death of person who is the subject of a self administration permit
- 105 Offence to fail to give copies of forms to the Board
- 106 Criminal liability of officers of body corporate--failure to exercise due diligence
PART 10--Voluntary Assisted Dying Review Board
Division 1--Voluntary Assisted Dying Review Board
- 107 Establishment of Voluntary Assisted Dying Review Board
- 108 Terms and conditions of membership
- 109 Presiding member and deputy presiding member
- 110 Board's procedures
- 111 Committees
- 112 Use of staff etc of Public Service
- 113 Functions and powers of the Board
- 114 Delegation
- 115 Board may seek external advice
Division 2--Request for information, referral of identifying information held by the Board and notifications
- 116 Request for information by the Board
- 117 Referral of identifying information to others
- 118 Board to notify registered medical practitioner, pharmacist or Chief Executive on receipt of certain forms
- 119 Board to provide information to the contact person after the notification of the person's death
Division 3--Reports and statistical information
- 120 Annual report
- 121 Report of the Board on request of the Minister or Chief Executive
- 122 Board may provide other reports
- 123 Contents of reports
- 124 Board to record, retain and make public statistical information