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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