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VOLUNTARY ASSISTED DYING ACT 2017 (NO. 61 OF 2017) - SECT 34 Person assessed as eligible for access to voluntary assisted dying may make written declaration

VOLUNTARY ASSISTED DYING ACT 2017 (NO. 61 OF 2017) - SECT 34

Person assessed as eligible for access to voluntary assisted dying may make written declaration

    (1)     A person may make a written declaration requesting access to voluntary assisted dying if the person has been assessed as eligible for access to voluntary assisted dying by—

        (a)     the co-ordinating medical practitioner for the person; and

        (b)     a consulting medical practitioner for the person.

    (2)     The written declaration must—

        (a)     specify that the person—

              (i)     makes the declaration voluntarily and without coercion; and

              (ii)     understands the nature and the effect of the declaration the person is making; and

        (b)     be signed by the person making the declaration in the presence of 2 witnesses and the co-ordinating medical practitioner.

    (3)     Despite subsection (2)(b), a person may sign a written declaration at the direction of the person making the declaration if—

        (a)     the person making the declaration is unable to sign the declaration; and

        (b)     the person signing—

              (i)     is aged 18 years or more; and

              (ii)     is not a witness to the signing of the declaration.

    (4)     A person who signs a written declaration on behalf of the person making the declaration must do so in that person's presence.

    (5)     If a person makes a written declaration with the assistance of an interpreter, the interpreter must certify on the declaration that the interpreter provided a true and correct translation of any material translated.

Note

Interpreters who assist in relation to requesting access to or accessing voluntary assisted dying must meet certain requirements—see section 115.