VOLUNTARY ASSISTED DYING ACT 2017
VOLUNTARY ASSISTED DYING ACT 2017
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Meaning of decision-making capacity
5. Principles
6. When may a person access voluntary assisted dying?
7. Conscientious objection of registered health practitioners
8. Voluntary assisted dying must not be initiated by registered health practitioner
PART 2--CRITERIA FOR ACCESS TO VOLUNTARY ASSISTED DYING
9. Eligibility criteria for access to voluntary assisted dying
PART 3--REQUESTING ACCESS TO VOLUNTARYASSISTED DYING AND ASSESSMENT OF ELIGIBILITY
Division 1--Minimum requirements for co‑ordinating medical practitioners and consulting medical practitioners
10. Minimum requirements for co-ordinating medical practitioners and consulting medical practitioners
Division 2--First request
11. Person may make first request to registered medical practitioner
12. No obligation to continue after making first request
13. Registered medical practitioner must accept or refuse first request
14. Registered medical practitioner who accepts first request must record first request and acceptance
15. Registered medical practitioner who accepts first request becomes co-ordinating medical practitioner
Division 3--First assessment
16. Commencement of first assessment
17. Co-ordinating medical practitioner must not commence first assessment unless approved assessment training completed
18. Referral for specialist opinion
19. Information to be provided if co-ordinating medical practitioner assesses person as meeting eligibility criteria
20. Outcome of first assessment
21. Recording and notification of outcome of first assessment
22. Referral for consulting assessment if person assessed as eligible
Division 4--Consulting assessment
23. Registered medical practitioner must accept or refuse referral for a consulting assessment
24. Registered medical practitioner who accepts referral becomes consulting medical practitioner
25. Commencement of consulting assessment
26. Consulting medical practitioner must not commence consulting assessment unless approved assessment training completed
27. Referral for specialist opinion
28. Information to be provided if consulting medical practitioner assesses person as meeting eligibility criteria
29. Outcome of consulting assessment
30. Recording and notification of outcome of consulting assessment
31. Co-ordinating medical practitioner may refer person assessed as ineligible for further consulting assessment
32. Co-ordinating medical practitioner may transfer role of co‑ordinating medical practitioner
33. Process for transfer of co‑ordinating medical practitioner role
Division 5--Written declaration
34. Person assessed as eligible for access to voluntary assisted dying may make written declaration
35. Witness to making of written declaration
36. Certification of witness to signing of written declaration
Division 6--Final request, contact person and final review by co‑ordinating medical practitioner
37. Person may make final request
38. Final request to be made a certain time after first request and consulting assessment
39. Contact person
40. Formal requirements for appointment of contact person
41. Final review by co-ordinating medical practitioner on receipt of final request
42. Technical error not to invalidate request and assessment process
43. Co-ordinating medical practitioner may apply for voluntary assisted dying permit on certification of request and assessment process on final review
44. No obligation for person to continue after certification of request and assessment process on final review
PART 4--VOLUNTARY ASSISTED DYING PERMITS
Division 1--Authorisations under a voluntary assisted dying permit
45. What is authorised by self-administration permit?
46. What is authorised by practitioner administration permit?
Division 2--Voluntary assisted dying permits
47. Application for self-administration permit
48. Application for practitioner administration permit
49. Secretary to determine application for a voluntary assisted dying permit
50. Operation of voluntary assisted dying permit
51. Secretary may amend voluntary assisted dying permit
52. Cancellation of self-administration permit
Division 3--Later physical incapacity of person to self-administer voluntary assisted dying substance
53. Person may request co-ordinating medical practitioner apply for a practitioner administration permit
54. Destruction of unfilled prescription by co-ordinating medical practitioner
55. Return of any dispensed voluntary assisted dying substance
56. Co-ordinating medical practitioner may apply for a practitioner administration permit
PART 5--ACCESSING VOLUNTARY ASSISTED DYING AND DEATH
Division 1--Prescribing, dispensing or disposing of voluntary assisted dying substance
57. Information to be given on prescribing a voluntary assisted dying substance
58. Information to be given by pharmacist dispensing a prescribed voluntary assisted dying substance
59. Labelling requirements for voluntary assisted dying substance
60. Pharmacist to record and notify of voluntary assisted dying substance dispensed
61. Secure storage of voluntary assisted dying substance
62. Pharmacist at dispensing pharmacy to dispose of returned voluntary assisted dying substance
63. 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
64. Person may make administration request
65. Witness to administration request and administration of voluntary assisted dying substance
66. Certification by co-ordinating medical practitioner following administration of voluntary assisted dying substance
Division 3--Notification of cause of death
67. Notification of disease, illness or medical condition of person to the Registrar and Coroner
PART 6--REVIEW BY VCAT
68. Application for review of certain decisions by VCAT
69. Notice requirements
70. No further action to be taken in relation to access to voluntary assisted dying if application to VCAT in existence
71. Application to VCAT for review taken to be withdrawn in certain circumstances
72. Power of VCAT to make determinations
73. Co-ordinating medical practitioner or consulting medical practitioner may refuse to continue process
74. Interim and temporary orders
PART 7--NOTIFICATIONS AND PROTECTIONS FROM LIABILITY
Division 1--Notifications to Australian Health Practitioner Regulation Agency
75. Mandatory notification by registered health practitioner
76. Mandatory notification by employer
77. Voluntary notification by persons
78. 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
79. Protection from criminal liability of person who assists or facilitates request for or access to voluntary assisted dying
80. No liability for registered health practitioner who acts in accordance with this Act
81. No liability for registered health practitioner or ambulance paramedic present after person administered voluntary assisted dying substance
82. Section 463B of the Crimes Act 1958 does not apply
PART 8--OFFENCES
83. Offence not to comply with practitioner administration permit
84. Offence for person to administer voluntary assisted dying substance to another person—self‑administration permit
85. Offence to induce another person to request voluntary assisted dying
86. Offence to induce self-administration of a voluntary assisted dying substance
87. Offence to falsify form or record
88. Offence to make a false statement
89. 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
90. Offence to fail to give copies of forms to the Board
91. Criminal liability of officers of body corporate—failure to exercise due diligence
PART 9--VOLUNTARY ASSISTED DYING REVIEW BOARD
Division 1--Establishment
92. Establishment of Voluntary Assisted Dying Review Board
Division 2--Functions and powers
93. Functions and powers of the Board
Division 3--Membership and procedure
94. Membership of the Board
95. Appointment of member of the Board
96. Terms and conditions of appointment of member
97. Resignation and removal
98. Chairperson and Deputy Chairperson
99. Payment of members of the Board
100. Assistance to the Board
101. Procedures of the Board
102. Subcommittees
Division 4--Request for information, referral of identifying information held by the Board and notifications
103. Request for information by the Board
104. Referral of identifying information to others
105. Board to notify registered medical practitioner, pharmacist or Secretary on receipt of certain forms
106. Board to provide information to the contact person after the notification of the person's death
Division 5--Reports
107. Annual reports
108. Giving an annual report to Parliament
109. Report of the Board on request of the Minister or Secretary
111. Contents of reports
112. Repeal of reports of the Board for every 6 month period and consequential amendment
PART 10--GENERAL
113. Delegation by Secretary
114. Secretary may approve training for medical practitioners
115. Interpreters
116. Five year review
117. Board to record, retain and make public statistical information
118. Regulations
SCHEDULE 1
ENDNOTES