VOLUNTARY ASSISTED DYING BILL 2019
This is a Bill, not an Act. For current law, see the Acts databases.
VOLUNTARY ASSISTED DYING BILL 2019
Western Australia
Voluntary Assisted Dying Bill 2019
Contents
Part 1 -- Preliminary
Division 1 -- Introductory provisions
1. Short title 2
2. Commencement 2
3. Act binds Crown 2
Division 2 -- Principles
4. Principles 2
Division 3 -- Interpretation
5. Terms used 4
6. Decision-making capacity 9
7. Voluntary assisted dying substance 9
8. When request and assessment process completed 10
Division 4 -- Other provisions
9. Registered health practitioner may refuse to
participate in voluntary assisted dying 10
10. Health care worker not to initiate discussion about
voluntary assisted dying 10
11. Contravention of Act by registered health
practitioner 12
12. Voluntary assisted dying not suicide 12
13. Inherent jurisdiction of Supreme Court not affected 12
14. Relationship with Medicines and Poisons Act 2014
and Misuse of Drugs Act 1981 12
Part 2 -- Requirements for access to
voluntary assisted dying
15. When person can access voluntary assisted dying 13
16. Eligibility criteria 13
139--2 page i
Voluntary Assisted Dying Bill 2019
Contents
Part 3 -- Requesting access to
voluntary assisted dying and
assessment of eligibility
Division 1 -- Eligibility requirements for
medical practitioners
17. Eligibility to act as coordinating practitioner or
consulting practitioner 15
Division 2 -- First request
18. Person may make first request to medical
practitioner 16
19. No obligation to continue after making first request 17
20. Medical practitioner to accept or refuse first
request 17
21. Medical practitioner to record first request and
acceptance or refusal 18
22. Medical practitioner to notify Board of first request 18
23. Medical practitioner becomes coordinating
practitioner if first request accepted 19
Division 3 -- First assessment
24. First assessment 19
25. Coordinating practitioner to have completed
approved training 19
26. Referral for determination 20
27. Information to be provided if patient assessed as
meeting eligibility criteria 21
28. Outcome of first assessment 22
29. Recording and notification of outcome of first
assessment 22
30. Referral for consulting assessment if patient
assessed as eligible 24
Division 4 -- Consulting assessment
31. Medical practitioner to accept or refuse referral for
consulting assessment 24
32. Medical practitioner to record referral and
acceptance or refusal 25
33. Medical practitioner to notify Board of referral 25
34. Medical practitioner becomes consulting
practitioner if referral accepted 26
page ii
Voluntary Assisted Dying Bill 2019
Contents
35. Consulting assessment 26
36. Consulting practitioner to have completed
approved training 26
37. Referral for determination 27
38. Information to be provided if patient assessed as
meeting eligibility criteria 28
39. Outcome of consulting assessment 28
40. Recording and notification of outcome of
consulting assessment 28
41. Referral for further consulting assessment if patient
assessed as ineligible 30
Division 5 -- Written declaration
42. Patient assessed as eligible may make written
declaration 30
43. Witness to signing of written declaration 31
44. Certification of witness to signing of written
declaration 32
45. Coordinating practitioner to record written
declaration 33
46. Coordinating practitioner to notify Board of
written declaration 33
Division 6 -- Final request and final review
47. Patient may make final request to coordinating
practitioner 33
48. When final request can be made 34
49. Coordinating practitioner to record final request 34
50. Coordinating practitioner to notify Board of final
request 35
51. Final review by coordinating practitioner on
receiving final request 35
52. Technical error not to invalidate request and
assessment process 37
53. No obligation for patient to continue after
completion of request and assessment process 37
Part 4 -- Accessing voluntary
assisted dying and death
Division 1 -- Eligibility requirements for
administering practitioners
54. Eligibility to act as administering practitioner 38
page iii
Voluntary Assisted Dying Bill 2019
Contents
Division 2 -- Administration of voluntary
assisted dying substance
55. Application of Division 39
56. Administration decision 39
57. Revocation of administration decision 40
58. Self-administration 41
59. Practitioner administration 43
60. Coordinating practitioner to notify Board of
administration decision and prescription of
substance 44
61. Certification by administering practitioner
following administration of prescribed substance 45
62. Witness to administration of prescribed substance 46
63. Transfer of administering practitioner's role 47
Division 3 -- Contact person
64. Application of Division 48
65. Patient to appoint contact person 48
66. Contact person appointment form 49
67. Role of contact person 50
68. Contact person may refuse to continue in role 51
Division 4 -- Prescribing, supplying and
disposing of voluntary assisted dying
substance
69. Information to be given before prescribing
substance 51
70. Prescription for substance 53
71. Authorised supplier to authenticate prescription 54
72. Information to be given when supplying prescribed
substance 54
73. Labelling requirements for prescribed substance 55
74. Authorised supplier to record and notify of supply 55
75. Disposal of prescribed substance by authorised
disposer 56
76. Authorised disposer to record and notify of
disposal 56
77. Disposal of prescribed substance by administering
practitioner 57
78. Administering practitioner to record and notify of
disposal 58
page iv
Voluntary Assisted Dying Bill 2019
Contents
Division 5 -- Other matters
79. Authorised suppliers and authorised disposers 59
80. Certain directions as to supply or administration
prohibited 59
81. Structured administration and supply arrangement
not to be issued for substance 60
82. Notification of death 60
Part 5 -- Review by Tribunal
83. Terms used 62
84. Application for review of certain decisions by
Tribunal 62
85. Notice of decision and right to have it reviewed 63
86. Consequences of review application 63
87. Review application taken to be withdrawn if
patient dies 64
88. Decision of Tribunal 64
89. Effect of decision under s. 88(a), (c) or (e) 65
90. Effect of decision under s. 88(b), (d) or (f) 66
91. Coordinating practitioner may refuse to continue in
role 67
92. Constitution and membership of Tribunal 67
93. Hearings of Tribunal to be held in private 67
94. Notice requirements 68
95. Coordinating practitioner to give Tribunal relevant
material 69
96. Tribunal to give written reasons for decision 69
97. Published decisions or reasons to exclude personal
information 70
98. Interim orders 71
Part 6 -- Offences
99. Unauthorised administration of prescribed
substance 72
100. Inducing another person to request or access
voluntary assisted dying 72
101. Inducing self-administration of prescribed
substance 72
102. False or misleading information 73
page v
Voluntary Assisted Dying Bill 2019
Contents
103. Advertising Schedule 4 or 8 poison as voluntary
assisted dying substance 73
104. Cancellation of document presented as prescription 73
105. Contact person to give unused or remaining
substance to authorised disposer 74
106. Recording, use or disclosure of information 75
107. Publication of personal information concerning
proceeding before Tribunal 75
108. Failure to give form to Board 76
Part 7 -- Enforcement
109. Application of Medicines and Poisons Act 2014
Part 7 78
110. Court to notify CEO of conviction of offence under
Act 78
111. Who may commence proceedings for simple
offence 79
112. Time limit for prosecution of simple offence 79
Part 8 -- Protection from liability
113. Protection for persons assisting access to voluntary
assisted dying or present when substance
administered 80
114. Protection for persons acting in accordance with
Act 80
115. Protection for certain persons who do not
administer lifesaving treatment 81
Part 9 -- Voluntary Assisted Dying
Board
Division 1 -- Establishment
116. Board established 82
117. Status 82
Division 2 -- Functions and powers
118. Functions of Board 82
119. Powers of Board 83
120. Delegation by Board 83
Division 3 -- Staff and assistance
121. Staff and services 84
122. Assistance 84
page vi
Voluntary Assisted Dying Bill 2019
Contents
Division 4 -- Accountability
123. Minister may give directions 84
124. Minister to have access to information 84
Division 5 -- Membership
125. Membership of Board 85
126. Chairperson and deputy chairperson 85
127. Term of office 86
128. Casual vacancies 86
129. Extension of term of office during vacancy 87
130. Alternate members 87
131. Remuneration of members 88
Division 6 -- Board meetings
132. Holding meetings 88
133. Quorum 88
134. Presiding member 88
135. Procedure at meetings 88
136. Voting 88
137. Holding meetings remotely 89
138. Resolution without meeting 89
139. Minutes 89
Division 7 -- Disclosure of interests
140. Disclosure of material personal interest 89
141. Voting by interested member 90
142. Section 141 may be declared inapplicable 90
143. Quorum where s. 141 applies 90
144. Minister may declare s. 141 and 143 inapplicable 91
Division 8 -- Committees
145. Establishment of committees 91
146. Directions to committee 91
147. Committee to determine own procedures 91
148. Remuneration of committee members 92
Division 9 -- Information
149. Board to send information to contact person for
patient 92
150. Request for information 92
151. Disclosure of information 92
152. Board to record and retain statistical information 93
Division 10 -- Miscellaneous
153. Board to notify receipt of forms 93
page vii
Voluntary Assisted Dying Bill 2019
Contents
154. Execution of documents by Board 94
155. Annual report 94
Part 10 -- Access standard
156. Standard about access to voluntary assisted dying 96
Part 11 -- General
157. Transfer of coordinating practitioner's role 97
158. Communication between patient and practitioner 98
159. Information about voluntary assisted dying 99
160. CEO may approve training 100
161. CEO may approve forms 100
162. Interpreters 100
163. Regulations 101
164. Review of Act 101
Part 12 -- Consequential
amendments to other Acts
Division 1 -- Constitution Acts Amendment
Act 1899 amended
165. Act amended 103
166. Schedule V amended 103
Division 2 -- Coroners Act 1996 amended
167. Act amended 103
168. Section 3A inserted 103
3A. Death under Voluntary Assisted Dying
Act 2019 not reportable death 103
Division 3 -- Guardianship and Administration
Act 1990 amended
169. Act amended 104
170. Section 3B inserted 104
3B. Act does not authorise decisions about
voluntary assisted dying 104
Division 4 -- Health and Disability Services
(Complaints) Act 1995 amended
171. Act amended 104
172. Section 3 amended 105
Division 5 -- Medicines and Poisons Act 2014
amended
173. Act amended 105
page viii
Voluntary Assisted Dying Bill 2019
Contents
174. Section 3 amended 105
175. Section 7 amended 106
176. Section 14 amended 107
177. Section 28 amended 110
178. Section 83 amended 110
179. Section 115 amended 110
Division 6 -- Misuse of Drugs Act 1981
amended
180. Act amended 111
181. Section 5C inserted 111
5C. Authorisation under Voluntary Assisted
Dying Act 2019 111
182. Section 5 amended 112
183. Section 6 amended 112
184. Section 7 amended 113
185. Section 7B amended 113
186. Section 27 amended 113
Defined terms
page ix
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Voluntary Assisted Dying Bill 2019
A Bill for
An Act --
to provide for and regulate access to voluntary assisted dying;
and
to establish the Voluntary Assisted Dying Board; and
to make consequential amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Voluntary Assisted Dying Bill 2019
Part 1 Preliminary
Division 1 Introductory provisions
s. 1
1 Part 1 -- Preliminary
2 Division 1 -- Introductory provisions
3 1. Short title
4 This is the Voluntary Assisted Dying Act 2019.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 (other than Divisions 2 to 4) -- on the day on
8 which this Act receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation.
10 3. Act binds Crown
11 This Act binds the Crown in right of Western Australia, and so
12 far as the legislative power of the Parliament permits, the Crown
13 in all its other capacities.
14 Division 2 -- Principles
15 4. Principles
16 (1) A person exercising a power or performing a function under this
17 Act must have regard to the following principles --
18 (a) every human life has equal value;
19 (b) a person's autonomy, including autonomy in respect of
20 end of life choices, should be respected;
21 (c) a person has the right to be supported in making
22 informed decisions about the person's medical
23 treatment, and should be given, in a manner the person
24 understands, information about medical treatment
25 options including comfort and palliative care and
26 treatment;
27 (d) a person approaching the end of life should be provided
28 with high quality care and treatment, including palliative
page 2
Voluntary Assisted Dying Bill 2019
Preliminary Part 1
Interpretation Division 3
s. 5
1 care and treatment, to minimise the person's suffering
2 and maximise the person's quality of life;
3 (e) a therapeutic relationship between a person and the
4 person's health practitioner should, wherever possible,
5 be supported and maintained;
6 (f) a person should be encouraged to openly discuss death
7 and dying, and the person's preferences and values
8 regarding their care, treatment and end of life should be
9 encouraged and promoted;
10 (g) a person should be supported in conversations with the
11 person's health practitioners, family and carers and
12 community about treatment and care preferences;
13 (h) a person is entitled to genuine choices about the
14 person's care, treatment and end of life, irrespective of
15 where the person lives in Western Australia and having
16 regard to the person's culture and language;
17 (i) a person who is a regional resident is entitled to the
18 same level of access to voluntary assisted dying as a
19 person who lives in the metropolitan region;
20 (j) there is a need to protect persons who may be subject to
21 abuse or coercion;
22 (k) all persons, including health practitioners, have the right
23 to be shown respect for their culture, religion, beliefs,
24 values and personal characteristics.
25 (2) In subsection (1), the reference to a person exercising a power
26 or performing a function under this Act includes the Tribunal
27 exercising its review jurisdiction in relation to a decision made
28 under this Act.
page 3
Voluntary Assisted Dying Bill 2019
Part 1 Preliminary
Division 3 Interpretation
s. 5
1 Division 3 -- Interpretation
2 5. Terms used
3 In this Act, unless the contrary intention appears --
4 administering practitioner, for a patient, means --
5 (a) the coordinating practitioner for the patient; or
6 (b) a person to whom the role of administering practitioner
7 is transferred under section 63(2);
8 administration, in relation to a voluntary assisted dying
9 substance, includes self-administration;
10 administration decision means a self-administration decision or
11 a practitioner administration decision;
12 approved form means a form approved by the CEO under
13 section 161 for the purposes of the provision in which the term
14 is used;
15 approved training means training approved by the CEO under
16 section 160;
17 authorised disposal form has the meaning given in
18 section 76(1);
19 authorised disposer has the meaning given in section 79(4);
20 authorised supplier has the meaning given in section 79(2);
21 Board means the Voluntary Assisted Dying Board established
22 by section 116;
23 business day means a day other than a Saturday, a Sunday or a
24 public holiday throughout Western Australia;
25 CEO means the chief executive officer of the Department;
26 completed, in relation to the request and assessment process, has
27 the meaning given in section 8;
28 consulting assessment means an assessment of a patient
29 conducted under section 35(1);
30 consulting assessment report form has the meaning given in
31 section 40(2);
page 4
Voluntary Assisted Dying Bill 2019
Preliminary Part 1
Interpretation Division 3
s. 5
1 consulting practitioner, for a patient, means a medical
2 practitioner who accepts a referral to conduct a consulting
3 assessment of the patient;
4 contact details, in relation to a person, includes the address,
5 telephone number and email address of the person;
6 contact person, for a patient, means the person appointed by the
7 patient under section 65(1);
8 contact person appointment form has the meaning given in
9 section 66(1);
10 coordinating practitioner, for a patient, means --
11 (a) a medical practitioner who accepts the patient's first
12 request; or
13 (b) a consulting practitioner for the patient who accepts a
14 transfer of the role of coordinating practitioner under
15 section 157;
16 decision-making capacity, in relation to voluntary assisted
17 dying, has the meaning given in section 6(2);
18 Department means the department of the Public Service
19 principally assisting in the administration of this Act;
20 disability has the meaning given in the Disability Services
21 Act 1993 section 3;
22 eligibility criteria means the criteria set out in section 16(1);
23 family member, of a person, means the person's spouse,
24 de facto partner, parent, sibling, child or grandchild;
25 final request means a final request for access to voluntary
26 assisted dying made under section 47(1);
27 final review means a review conducted under section 51(1)(a)
28 by the coordinating practitioner for a patient;
29 final review form has the meaning given in section 51(1)(b);
30 first assessment means an assessment of a patient conducted
31 under section 24(1);
page 5
Voluntary Assisted Dying Bill 2019
Part 1 Preliminary
Division 3 Interpretation
s. 5
1 first assessment report form has the meaning given in
2 section 29(2);
3 first request means a request for access to voluntary assisted
4 dying made under section 18(1);
5 health service has the meaning given in the Health Services
6 Act 2016 section 7;
7 medical practitioner means a person registered under the
8 Health Practitioner Regulation National Law (Western
9 Australia) in the medical profession (other than as a student);
10 medicine has the meaning given in the Medicines and Poisons
11 Act 2014 section 3;
12 member means a member of the Board;
13 metropolitan region has the meaning given in the Planning and
14 Development Act 2005 section 4(1);
15 nurse practitioner means a person registered under the Health
16 Practitioner Regulation National Law (Western Australia) in
17 the nursing profession whose registration under that Law is
18 endorsed as nurse practitioner;
19 palliative care and treatment means care and treatment that --
20 (a) is provided to a person who is diagnosed with a disease,
21 illness or medical condition that is progressive and
22 life-limiting; and
23 (b) is directed at preventing, identifying, assessing,
24 relieving or treating the person's pain, discomfort or
25 suffering in order to improve their comfort and quality
26 of life;
27 patient means a person who makes a request for access to
28 voluntary assisted dying under this Act;
29 personal information has the meaning given in the Freedom of
30 Information Act 1992 Glossary clause 1;
31 practitioner administration decision has the meaning given in
32 section 56(1)(b);
page 6
Voluntary Assisted Dying Bill 2019
Preliminary Part 1
Interpretation Division 3
s. 5
1 practitioner administration form has the meaning given in
2 section 61(3);
3 practitioner disposal form has the meaning given in
4 section 78(1);
5 prepare, in relation to a prescribed substance --
6 (a) means to do anything necessary to ensure that the
7 substance is in a form suitable for administration; and
8 (b) includes to decant, dilute, dissolve, mix, reconstitute,
9 colour or flavour the substance;
10 prescribe, in relation to a voluntary assisted dying substance,
11 means to issue a prescription for the substance;
12 prescribed substance means --
13 (a) a voluntary assisted dying substance prescribed for a
14 patient by the coordinating practitioner for the patient;
15 and
16 (b) in relation to a patient, the voluntary assisted dying
17 substance prescribed for the patient by the coordinating
18 practitioner for the patient;
19 prescription, in relation to a voluntary assisted dying substance,
20 has the same meaning as it has, in relation to a Schedule 4 or 8
21 poison, in the Medicines and Poisons Act 2014 section 7(1);
22 professional care services means any of the following provided
23 to another person under a contract of employment or a contract
24 for services --
25 (a) assistance or support, including the following --
26 (i) assistance with bathing, showering, personal
27 hygiene, toileting, dressing, undressing or meals;
28 (ii) assistance for persons with mobility problems;
29 (iii) assistance for persons who are mobile but require
30 some form of assistance or supervision;
31 (iv) assistance or supervision in administering
32 medicine;
page 7
Voluntary Assisted Dying Bill 2019
Part 1 Preliminary
Division 3 Interpretation
s. 6
1 (v) the provision of substantial emotional support;
2 (b) a disability service as defined in the Disability Services
3 Act 1993 section 3;
4 regional resident means a person who ordinarily resides in an
5 area of Western Australia that is outside the metropolitan
6 region;
7 registered health practitioner means a person registered under
8 the Health Practitioner Regulation National Law (Western
9 Australia) to practise a health profession (other than as a
10 student);
11 request and assessment process means the process that consists
12 of the following steps --
13 (a) a first request;
14 (b) a first assessment;
15 (c) a consulting assessment;
16 (d) a written declaration;
17 (e) a final request;
18 (f) a final review;
19 self-administration decision has the meaning given in
20 section 56(1)(a);
21 supply, in relation to a voluntary assistance dying substance, has
22 the same meaning as it has, in relation to a poison, in the
23 Medicines and Poisons Act 2014 section 8;
24 Tribunal means the State Administrative Tribunal;
25 voluntary assisted dying means the administration of a
26 voluntary assisted dying substance and includes steps
27 reasonably related to that administration;
28 voluntary assisted dying substance has the meaning given in
29 section 7(2);
30 written declaration means a written declaration made under
31 section 42(1).
page 8
Voluntary Assisted Dying Bill 2019
Preliminary Part 1
Interpretation Division 3
s. 6
1 6. Decision-making capacity
2 (1) In this section --
3 voluntary assisted dying decision means --
4 (a) a request for access to voluntary assisted dying; or
5 (b) a decision to access voluntary assisted dying.
6 (2) For the purposes of this Act, a patient has decision-making
7 capacity in relation to voluntary assisted dying if the patient has
8 the capacity to --
9 (a) understand any information or advice about a voluntary
10 assisted dying decision that is required under this Act to
11 be provided to the patient; and
12 (b) understand the matters involved in a voluntary assisted
13 dying decision; and
14 (c) understand the effect of a voluntary assisted dying
15 decision; and
16 (d) weigh up the factors referred to in paragraphs (a), (b)
17 and (c) for the purposes of making a voluntary assisted
18 dying decision; and
19 (e) communicate a voluntary assisted dying decision in
20 some way.
21 (3) For the purposes of this Act, a patient is presumed to have
22 decision-making capacity in relation to voluntary assisted dying
23 unless the patient is shown not to have that capacity.
24 7. Voluntary assisted dying substance
25 (1) The CEO may, in writing, approve a Schedule 4 poison or
26 Schedule 8 poison (as those terms are defined in the Medicines
27 and Poisons Act 2014 section 3) for use under this Act for the
28 purpose of causing a patient's death.
29 (2) A poison approved under subsection (1) is a voluntary assisted
30 dying substance.
page 9
Voluntary Assisted Dying Bill 2019
Part 1 Preliminary
Division 4 Other provisions
s. 8
1 8. When request and assessment process completed
2 For the purposes of this Act, the request and assessment process
3 has been completed in respect of a patient if the coordinating
4 practitioner for the patient --
5 (a) has completed the final review form in respect of the
6 patient; and
7 (b) has certified in the final review form that the request and
8 assessment process has been completed in accordance
9 with this Act.
10 Division 4 -- Other provisions
11 9. Registered health practitioner may refuse to participate in
12 voluntary assisted dying
13 (1) A registered health practitioner who has a conscientious
14 objection to voluntary assisted dying has the right to refuse to
15 do any of the following --
16 (a) participate in the request and assessment process;
17 (b) prescribe, supply or administer a voluntary assisted
18 dying substance;
19 (c) be present at the time of the administration of a
20 voluntary assisted dying substance.
21 (2) Subsection (1) is not intended to limit the circumstances in
22 which a registered health practitioner may refuse to do any of
23 the things referred to in that subsection.
24 10. Health care worker not to initiate discussion about
25 voluntary assisted dying
26 (1) In this section --
27 health care worker means --
28 (a) a registered health practitioner; or
29 (b) any other person who provides health services or
30 professional care services.
page 10
Voluntary Assisted Dying Bill 2019
Preliminary Part 1
Other provisions Division 4
s. 10
1 (2) A health care worker who provides health services or
2 professional care services to a person must not, in the course of
3 providing the services to the person --
4 (a) initiate discussion with the person that is in substance
5 about voluntary assisted dying; or
6 (b) in substance, suggest voluntary assisted dying to the
7 person.
8 (3) Nothing in subsection (2) prevents a medical practitioner or
9 nurse practitioner from doing something referred to in
10 subsection (2)(a) or (b) if, at the time it is done, the medical
11 practitioner or nurse practitioner also informs the person about
12 the following --
13 (a) the treatment options available to the person and the
14 likely outcomes of that treatment; and
15 (b) the palliative care and treatment options available to the
16 person and the likely outcomes of that care and
17 treatment.
18 (4) Nothing in subsection (2) prevents a health care worker from
19 providing information about voluntary assisted dying to a
20 person at the person's request.
21 (5) A contravention of subsection (2) by a registered health
22 practitioner is unprofessional conduct for the purposes of the
23 Health Practitioner Regulation National Law (Western
24 Australia).
25 (6) Subsection (5) overrides section 11(1).
26 (7) A contravention of subsection (2) by a provider, as defined in
27 the Health and Disability Services (Complaints) Act 1995
28 section 3(1), is taken to be unreasonable conduct described in
29 section 25(1)(c) of that Act.
page 11
Voluntary Assisted Dying Bill 2019
Part 1 Preliminary
Division 4 Other provisions
s. 11
1 11. Contravention of Act by registered health practitioner
2 (1) A contravention of a provision of this Act by a registered health
3 practitioner is capable of constituting professional misconduct
4 or unprofessional conduct for the purposes of the Health
5 Practitioner Regulation National Law (Western Australia).
6 (2) Subsection (1) applies whether or not the contravention
7 constitutes an offence under this Act.
8 12. Voluntary assisted dying not suicide
9 For the purposes of the law of the State, a person who dies as
10 the result of the administration of a prescribed substance in
11 accordance with this Act does not die by suicide.
12 13. Inherent jurisdiction of Supreme Court not affected
13 Nothing in this Act affects the inherent jurisdiction of the
14 Supreme Court.
15 14. Relationship with Medicines and Poisons Act 2014 and
16 Misuse of Drugs Act 1981
17 If there is a conflict or inconsistency between a provision of this
18 Act and a provision of the Medicines and Poisons Act 2014 or
19 the Misuse of Drugs Act 1981, the provision of this Act prevails
20 to the extent of the conflict or inconsistency.
page 12
Voluntary Assisted Dying Bill 2019
Requirements for access to voluntary assisted dying Part 2
s. 15
1 Part 2 -- Requirements for access to voluntary
2 assisted dying
3 15. When person can access voluntary assisted dying
4 A person may access voluntary assisted dying if --
5 (a) the person has made a first request; and
6 (b) the person has been assessed as eligible for access to
7 voluntary assisted dying by --
8 (i) the coordinating practitioner for the person; and
9 (ii) the consulting practitioner for the person;
10 and
11 (c) the person has made a written declaration; and
12 (d) the person has made a final request to the coordinating
13 practitioner for the person; and
14 (e) the coordinating practitioner for the person has certified
15 in a final review form that --
16 (i) the request and assessment process has been
17 completed in accordance with this Act; and
18 (ii) the practitioner is satisfied of each of the matters
19 referred to in section 51(3)(f);
20 and
21 (f) the person has made an administration decision; and
22 (g) if the person has made a self-administration decision,
23 the person has appointed a contact person.
24 16. Eligibility criteria
25 (1) The following criteria must be met for a person to be eligible for
26 access to voluntary assisted dying --
27 (a) the person has reached 18 years of age;
page 13
Voluntary Assisted Dying Bill 2019
Part 2 Requirements for access to voluntary assisted dying
s. 16
1 (b) the person --
2 (i) is an Australian citizen or permanent resident;
3 and
4 (ii) at the time of making a first request, has been
5 ordinarily resident in Western Australia for a
6 period of at least 12 months;
7 (c) the person is diagnosed with at least 1 disease, illness or
8 medical condition that --
9 (i) is advanced, progressive and will cause death;
10 and
11 (ii) will, on the balance of probabilities, cause death
12 within a period of 6 months or, in the case of a
13 disease, illness or medical condition that is
14 neurodegenerative, within a period of 12 months;
15 and
16 (iii) is causing suffering to the person that cannot be
17 relieved in a manner that the person considers
18 tolerable;
19 (d) the person has decision-making capacity in relation to
20 voluntary assisted dying;
21 (e) the person is acting voluntarily and without coercion;
22 (f) the person's request for access to voluntary assisted
23 dying is enduring.
24 (2) A person is not eligible for access to voluntary assisted dying
25 only because the person has a disability or is diagnosed with a
26 mental illness (as defined in the Mental Health Act 2014
27 section 4).
page 14
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Eligibility requirements for medical practitioners Division 1
s. 17
1 Part 3 -- Requesting access to voluntary assisted dying
2 and assessment of eligibility
3 Division 1 -- Eligibility requirements for medical practitioners
4 17. Eligibility to act as coordinating practitioner or consulting
5 practitioner
6 (1) In this section --
7 general registration means general registration under the
8 Health Practitioner Regulation National Law (Western
9 Australia) in the medical profession;
10 limited registration means limited registration under the Health
11 Practitioner Regulation National Law (Western Australia) in
12 the medical profession;
13 provisional registration means provisional registration under
14 the Health Practitioner Regulation National Law (Western
15 Australia) in the medical profession;
16 specialist registration means specialist registration under the
17 Health Practitioner Regulation National Law (Western
18 Australia) in the medical profession in a recognised specialty.
19 (2) A medical practitioner is eligible to act as a coordinating
20 practitioner or consulting practitioner for a patient if --
21 (a) the medical practitioner --
22 (i) holds specialist registration, has practised the
23 medical profession for at least 1 year as the
24 holder of specialist registration and meets the
25 requirements approved by the CEO for the
26 purposes of this subparagraph; or
27 (ii) holds general registration, has practised the
28 medical profession for at least 10 years as the
29 holder of general registration and meets the
30 requirements approved by the CEO for the
31 purposes of this subparagraph; or
page 15
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 2 First request
s. 18
1 (iii) is an overseas-trained specialist who holds
2 limited registration or provisional registration
3 and meets the requirements approved by the
4 CEO for the purposes of this subparagraph;
5 and
6 (b) the medical practitioner is not a family member of the
7 patient; and
8 (c) the medical practitioner does not know or believe that
9 the practitioner --
10 (i) is a beneficiary under a will of the patient; or
11 (ii) may otherwise benefit financially or in any other
12 material way from the death of the patient, other
13 than by receiving reasonable fees for the
14 provision of services as the coordinating
15 practitioner or consulting practitioner for the
16 patient.
17 (3) The CEO must publish the requirements approved for the
18 purposes of subsection (2)(a)(i), (ii) and (iii) on the
19 Department's website.
20 Division 2 -- First request
21 18. Person may make first request to medical practitioner
22 (1) A person may make a request to a medical practitioner for
23 access to voluntary assisted dying.
24 (2) The request must be --
25 (a) clear and unambiguous; and
26 (b) made during a medical consultation; and
27 (c) made in person or, if that is not practicable, in
28 accordance with section 158(2)(a).
29 (3) The person may make the request verbally or in another way
30 (for example, by gestures).
page 16
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
First request Division 2
s. 19
1 19. No obligation to continue after making first request
2 (1) A person who makes a first request may decide at any time not
3 to continue the request and assessment process.
4 (2) The request and assessment process ends if the person decides
5 not to continue the process.
6 (3) If the request and assessment process ends under subsection (2),
7 the person may begin a new request and assessment process by
8 making a new first request.
9 20. Medical practitioner to accept or refuse first request
10 (1) If a first request is made to a medical practitioner, the
11 practitioner must accept or refuse the request.
12 (2) The reasons for which the medical practitioner can refuse the
13 first request are as follows --
14 (a) the practitioner has a conscientious objection to
15 voluntary assisted dying or is otherwise unwilling to
16 perform the duties of a coordinating practitioner;
17 (b) the practitioner is unable to perform the duties of a
18 coordinating practitioner because of unavailability or
19 some other reason;
20 (c) the practitioner is required to refuse the request under
21 subsection (3).
22 (3) The medical practitioner must refuse the first request if the
23 practitioner is not eligible to act as a coordinating practitioner.
24 (4) Unless subsection (5) applies, the medical practitioner must,
25 within 2 business days after the first request is made --
26 (a) inform the patient that the practitioner accepts or refuses
27 the request; and
28 (b) give the patient the information approved by the CEO
29 for the purposes of this section.
page 17
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 2 First request
s. 21
1 (5) If the medical practitioner refuses the first request because the
2 practitioner has a conscientious objection to voluntary assisted
3 dying, the practitioner must, immediately after the first request
4 is made --
5 (a) inform the patient that the practitioner refuses the
6 request; and
7 (b) give the patient the information referred to in
8 subsection (4)(b).
9 21. Medical practitioner to record first request and acceptance
10 or refusal
11 The medical practitioner must record the following in the
12 patient's medical record --
13 (a) the first request;
14 (b) the practitioner's decision to accept or refuse the first
15 request;
16 (c) if the practitioner's decision is to refuse the first request,
17 the reason for the refusal;
18 (d) whether the practitioner has given the patient the
19 information referred to in section 20(4)(b).
20 22. Medical practitioner to notify Board of first request
21 (1) Within 2 business days after deciding to accept or refuse the
22 first request, the medical practitioner must complete the
23 approved form (the first request form) and give a copy of it to
24 the Board.
25 (2) The first request form must include the following --
26 (a) the name, date of birth and contact details of the patient;
27 (b) the name and contact details of the medical practitioner;
28 (c) the date when the first request was made;
29 (d) whether the first request was made in person or using
30 audiovisual communication and whether it was made
31 verbally or in another way (for example, by gestures);
page 18
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
First assessment Division 3
s. 23
1 (e) the medical practitioner's decision to accept or refuse
2 the first request;
3 (f) if the medical practitioner's decision is to refuse the first
4 request, the reason for the refusal;
5 (g) the date when the medical practitioner informed the
6 patient of the practitioner's decision and gave the patient
7 the information referred to in section 20(4)(b);
8 (h) the signature of the medical practitioner and the date
9 when the form was signed.
10 23. Medical practitioner becomes coordinating practitioner if
11 first request accepted
12 If the medical practitioner accepts the first request, the
13 practitioner becomes the coordinating practitioner for the
14 patient.
15 Division 3 -- First assessment
16 24. First assessment
17 (1) The coordinating practitioner for a patient must assess whether
18 the patient is eligible for access to voluntary assisted dying.
19 (2) For the purposes of subsection (1), the coordinating practitioner
20 must make a decision in respect of each of the eligibility
21 criteria.
22 (3) Nothing in this section prevents the coordinating practitioner
23 from having regard to relevant information about the patient that
24 has been prepared by, or at the instigation of, another registered
25 health practitioner.
26 25. Coordinating practitioner to have completed approved
27 training
28 The coordinating practitioner must not begin the first
29 assessment unless the practitioner has completed approved
30 training.
page 19
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 3 First assessment
s. 26
1 26. Referral for determination
2 (1) Subsection (2) applies if the coordinating practitioner is unable
3 to determine whether --
4 (a) the patient has a disease, illness or medical condition
5 that meets the requirements of section 16(1)(c); or
6 (b) the patient has decision-making capacity in relation to
7 voluntary assisted dying as required by section 16(1)(d).
8 (2) The coordinating practitioner must refer the patient to a
9 registered health practitioner who has appropriate skills and
10 training to make a determination in relation to the matter.
11 (3) If the coordinating practitioner is unable to determine whether
12 the patient is acting voluntarily and without coercion as required
13 by section 16(1)(e), the coordinating practitioner must refer the
14 patient to another person who has appropriate skills and training
15 to make a determination in relation to the matter.
16 (4) If the coordinating practitioner makes a referral under
17 subsection (2) or (3), the coordinating practitioner may adopt
18 the determination of the registered health practitioner or other
19 person, as the case requires, in relation to the matter in respect
20 of which the referral was made.
21 (5) A registered health practitioner or other person to whom the
22 patient is referred under subsection (2) or (3) must not be --
23 (a) a family member of the patient; or
24 (b) a person who knows or believes that they --
25 (i) are a beneficiary under a will of the patient; or
26 (ii) may otherwise benefit financially or in any other
27 material way from the death of the patient, other
28 than by receiving reasonable fees for the
29 provision of services in connection with the
30 referral.
page 20
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
First assessment Division 3
s. 27
1 27. Information to be provided if patient assessed as meeting
2 eligibility criteria
3 (1) If the coordinating practitioner is satisfied that the patient meets
4 all of the eligibility criteria, the coordinating practitioner must
5 inform the patient about the following matters --
6 (a) the patient's diagnosis and prognosis;
7 (b) the treatment options available to the patient and the
8 likely outcomes of that treatment;
9 (c) the palliative care and treatment options available to the
10 patient and the likely outcomes of that care and
11 treatment;
12 (d) the potential risks of self-administering or being
13 administered a voluntary assisted dying substance likely
14 to be prescribed under this Act for the purposes of
15 causing the patient's death;
16 (e) that the expected outcome of self-administering or being
17 administered a substance referred to in paragraph (d) is
18 death;
19 (f) the method by which a substance referred to in
20 paragraph (d) is likely to be self-administered or
21 administered;
22 (g) the request and assessment process, including the
23 requirement for a written declaration signed in the
24 presence of 2 witnesses;
25 (h) that if the patient makes a self-administration decision,
26 the patient must appoint a contact person;
27 (i) that the patient may decide at any time not to continue
28 the request and assessment process or not to access
29 voluntary assisted dying;
30 (j) that if the patient is receiving ongoing health services
31 from a medical practitioner other than the coordinating
32 practitioner, the patient is encouraged to inform the
33 medical practitioner of the patient's request for access to
34 voluntary assisted dying.
page 21
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 3 First assessment
s. 28
1 (2) In addition to informing the patient about the matters referred to
2 in subsection (1), the coordinating practitioner must take all
3 reasonable steps to fully explain to the patient and, if the patient
4 consents, another person nominated by the patient --
5 (a) all relevant clinical guidelines; and
6 (b) a plan in respect of the administration of a voluntary
7 assisted dying substance.
8 (3) Nothing in this section affects any duty a medical practitioner
9 has at common law or under any other enactment.
10 28. Outcome of first assessment
11 (1) The coordinating practitioner must assess the patient as eligible
12 for access to voluntary assisted dying if the coordinating
13 practitioner is satisfied that --
14 (a) the patient meets all of the eligibility criteria; and
15 (b) the patient understands the information required to be
16 provided under section 27(1).
17 (2) If the coordinating practitioner is not satisfied as to any matter
18 in subsection (1) --
19 (a) the coordinating practitioner must assess the patient as
20 ineligible for access to voluntary assisted dying; and
21 (b) the request and assessment process ends.
22 29. Recording and notification of outcome of first assessment
23 (1) The coordinating practitioner must inform the patient of the
24 outcome of the first assessment as soon as practicable after its
25 completion.
26 (2) Within 2 business days after completing the first assessment, the
27 coordinating practitioner must complete the approved form (the
28 first assessment report form) and give a copy of it to the Board.
page 22
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
First assessment Division 3
s. 29
1 (3) As soon as practicable after completing the first assessment
2 report form, the coordinating practitioner must give a copy of it
3 to the patient.
4 (4) The first assessment report form must include the following --
5 (a) the name, date of birth and contact details of the patient;
6 (b) the following information in respect of the patient --
7 (i) gender;
8 (ii) nationality;
9 (iii) ethnicity;
10 (iv) whether the patient has a disability;
11 (v) whether the patient's first language is a language
12 other than English;
13 (vi) whether the coordinating practitioner engaged an
14 interpreter in accordance with section 162(2) to
15 communicate the information in section 27 to the
16 patient;
17 (c) the name and contact details of the coordinating
18 practitioner;
19 (d) a statement confirming that the coordinating practitioner
20 meets the requirements of section 17(2);
21 (e) the date when the first request was made;
22 (f) the date when the first assessment was completed;
23 (g) the outcome of the first assessment, including the
24 coordinating practitioner's decision in respect of each of
25 the eligibility criteria;
26 (h) the date when the patient was informed of the outcome
27 of the first assessment;
28 (i) if the patient was referred under section 26(2) or (3), the
29 outcome of the referral (including a copy of any report
30 given by the registered health practitioner or other
31 person to whom the patient was referred);
page 23
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 4 Consulting assessment
s. 30
1 (j) if the patient was assisted by an interpreter when having
2 the first assessment, the name, contact details and
3 accreditation details of the interpreter;
4 (k) the palliative care and treatment options available to the
5 patient and the likely outcomes of that care and
6 treatment;
7 (l) the signature of the coordinating practitioner and the
8 date when the form was signed.
9 30. Referral for consulting assessment if patient assessed as
10 eligible
11 If the coordinating practitioner assesses the patient as eligible
12 for access to voluntary assisted dying, the practitioner must
13 refer the patient to another medical practitioner for a consulting
14 assessment.
15 Division 4 -- Consulting assessment
16 31. Medical practitioner to accept or refuse referral for
17 consulting assessment
18 (1) If a patient is referred to a medical practitioner for a consulting
19 assessment under section 30, 41 or 157(6)(a), the practitioner
20 must accept or refuse the referral.
21 (2) The reasons for which the medical practitioner can refuse the
22 referral are as follows --
23 (a) the practitioner has a conscientious objection to
24 voluntary assisted dying or is otherwise unwilling to
25 perform the duties of a consulting practitioner;
26 (b) the practitioner is unable to perform the duties of a
27 consulting practitioner because of unavailability or some
28 other reason;
29 (c) the practitioner is required to refuse the referral under
30 subsection (3).
page 24
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Consulting assessment Division 4
s. 32
1 (3) The medical practitioner must refuse the referral if the
2 practitioner is not eligible to act as a consulting practitioner.
3 (4) Unless subsection (5) applies, the medical practitioner must,
4 within 2 business days after receiving the referral, inform the
5 patient and the coordinating practitioner for the patient that the
6 practitioner accepts or refuses the referral.
7 (5) If the medical practitioner refuses the referral because the
8 practitioner has a conscientious objection to voluntary assisted
9 dying, the practitioner must, immediately after receiving the
10 referral, inform the patient and the coordinating practitioner for
11 the patient that the practitioner refuses the referral.
12 32. Medical practitioner to record referral and acceptance or
13 refusal
14 The medical practitioner must record the following in the
15 patient's medical record --
16 (a) the referral;
17 (b) the practitioner's decision to accept or refuse the
18 referral;
19 (c) if the practitioner's decision is to refuse the referral, the
20 reason for the refusal.
21 33. Medical practitioner to notify Board of referral
22 (1) Within 2 business days after deciding to accept or refuse the
23 referral, the medical practitioner must complete the approved
24 form (the consultation referral form) and give a copy of it to
25 the Board.
26 (2) The consultation referral form must include the following --
27 (a) the name, date of birth and contact details of the patient;
28 (b) the name and contact details of the medical practitioner;
29 (c) the date when the referral was received;
30 (d) the medical practitioner's decision to accept or refuse
31 the referral;
page 25
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 4 Consulting assessment
s. 34
1 (e) if the medical practitioner's decision is to refuse the
2 referral, the reason for the refusal;
3 (f) the date when the medical practitioner informed the
4 patient and the coordinating practitioner for the patient
5 of the practitioner's decision;
6 (g) the signature of the medical practitioner and the date
7 when the form was signed.
8 34. Medical practitioner becomes consulting practitioner if
9 referral accepted
10 If the medical practitioner accepts the referral, the practitioner
11 becomes the consulting practitioner for the patient.
12 35. Consulting assessment
13 (1) The consulting practitioner for a patient must assess whether the
14 patient is eligible for access to voluntary assisted dying.
15 (2) For the purposes of subsection (1), the consulting practitioner
16 must make a decision in respect of each of the eligibility
17 criteria.
18 (3) For the purposes of subsection (1), the consulting practitioner
19 must independently of the coordinating practitioner form their
20 own opinions on the matters to be decided.
21 (4) Nothing in this section prevents the consulting practitioner from
22 having regard to relevant information about the patient that has
23 been prepared by, or at the instigation of, another registered
24 health practitioner.
25 36. Consulting practitioner to have completed approved
26 training
27 The consulting practitioner must not begin the consulting
28 assessment unless the practitioner has completed approved
29 training.
page 26
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Consulting assessment Division 4
s. 37
1 37. Referral for determination
2 (1) Subsection (2) applies if the consulting practitioner is unable to
3 determine whether --
4 (a) the patient has a disease, illness or medical condition
5 that meets the requirements of section 16(1)(c); or
6 (b) the patient has decision-making capacity in relation to
7 voluntary assisted dying as required by section 16(1)(d).
8 (2) The consulting practitioner must refer the patient to a registered
9 health practitioner who has appropriate skills and training to
10 make a determination in relation to the matter.
11 (3) If the consulting practitioner is unable to determine whether the
12 patient is acting voluntarily and without coercion as required by
13 section 16(1)(e), the consulting practitioner must refer the
14 patient to another person who has appropriate skills and training
15 to make a determination in relation to the matter.
16 (4) If the consulting practitioner makes a referral under
17 subsection (2) or (3), the consulting practitioner may adopt the
18 determination of the registered health practitioner or other
19 person, as the case requires, in relation to the matter in respect
20 of which the referral was made.
21 (5) A registered health practitioner or other person to whom the
22 patient is referred under subsection (2) or (3) must not be --
23 (a) a family member of the patient; or
24 (b) a person who knows or believes that they --
25 (i) are a beneficiary under a will of the patient; or
26 (ii) may otherwise benefit financially or in any other
27 material way from the death of the patient, other
28 than by receiving reasonable fees for the
29 provision of services in connection with the
30 referral.
page 27
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 4 Consulting assessment
s. 38
1 38. Information to be provided if patient assessed as meeting
2 eligibility criteria
3 (1) If the consulting practitioner is satisfied that the patient meets
4 all of the eligibility criteria, the consulting practitioner must
5 inform the patient about the matters referred to in section 27(1).
6 (2) Nothing in this section affects any duty a medical practitioner
7 has at common law or under any other enactment.
8 39. Outcome of consulting assessment
9 (1) The consulting practitioner must assess the patient as eligible
10 for access to voluntary assisted dying if the consulting
11 practitioner is satisfied that --
12 (a) the patient meets all of the eligibility criteria; and
13 (b) the patient understands the information required to be
14 provided under section 38(1).
15 (2) If the consulting practitioner is not satisfied as to any matter in
16 subsection (1), the consulting practitioner must assess the
17 patient as ineligible for access to voluntary assisted dying.
18 40. Recording and notification of outcome of consulting
19 assessment
20 (1) The consulting practitioner must inform the patient and the
21 coordinating practitioner for the patient of the outcome of the
22 consulting assessment as soon as practicable after its
23 completion.
24 (2) Within 2 business days after completing the consulting
25 assessment, the consulting practitioner must complete the
26 approved form (the consulting assessment report form) and
27 give a copy of it to the Board.
28 (3) As soon as practicable after completing the consulting
29 assessment report form, the consulting practitioner must give a
30 copy of it to the patient.
page 28
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Consulting assessment Division 4
s. 40
1 (4) The consulting assessment report form must include the
2 following --
3 (a) the name, date of birth and contact details of the patient;
4 (b) the name and contact details of the consulting
5 practitioner;
6 (c) a statement confirming that the consulting practitioner
7 meets the requirements of section 17(2);
8 (d) the date when the first request was made;
9 (e) the date when the referral for the consulting assessment
10 was made;
11 (f) the date when the referral for the consulting assessment
12 was received;
13 (g) the date when the consulting assessment was completed;
14 (h) the outcome of the consulting assessment, including the
15 consulting practitioner's decision in respect of each of
16 the eligibility criteria;
17 (i) the date when the patient was informed of the outcome
18 of the consulting assessment;
19 (j) the date when the coordinating practitioner for the
20 patient was informed of the outcome of the consulting
21 assessment;
22 (k) if the patient was referred under section 37(2) or (3), the
23 outcome of the referral (including a copy of any report
24 given by the registered health practitioner or other
25 person to whom the patient was referred);
26 (l) if the patient was assisted by an interpreter when having
27 the consulting assessment, the name, contact details and
28 accreditation details of the interpreter;
29 (m) the palliative care and treatment options available to the
30 patient and the likely outcomes of that care and
31 treatment;
32 (n) the signature of the consulting practitioner and the date
33 when the form was signed.
page 29
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 5 Written declaration
s. 41
1 (5) The consulting practitioner must give a copy of the consulting
2 assessment report form to the coordinating practitioner for the
3 patient as soon as practicable after completing the consulting
4 assessment.
5 41. Referral for further consulting assessment if patient
6 assessed as ineligible
7 If the consulting practitioner assesses the patient as ineligible
8 for access to voluntary assisted dying, the coordinating
9 practitioner for the patient may refer the patient to another
10 medical practitioner for a further consulting assessment.
11 Division 5 -- Written declaration
12 42. Patient assessed as eligible may make written declaration
13 (1) A patient may make a written declaration requesting access to
14 voluntary assisted dying if the patient has been assessed as
15 eligible for access to voluntary assisted dying by --
16 (a) the coordinating practitioner for the patient; and
17 (b) the consulting practitioner for the patient.
18 (2) The written declaration must be in the approved form and given
19 to the coordinating practitioner for the patient.
20 (3) The written declaration must --
21 (a) specify that the patient --
22 (i) makes it voluntarily and without coercion; and
23 (ii) understands its nature and effect;
24 and
25 (b) be signed by the patient, or a person referred to in
26 subsection (4), in the presence of 2 witnesses; and
27 (c) include the following --
28 (i) the name, date of birth and contact details of the
29 patient;
page 30
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Written declaration Division 5
s. 43
1 (ii) if the patient was assisted by an interpreter, the
2 name, contact details and accreditation details of
3 the interpreter;
4 (iii) the name and contact details of the coordinating
5 practitioner for the patient.
6 (4) A person may sign the written declaration on behalf of the
7 patient if --
8 (a) the patient is unable to sign the declaration; and
9 (b) the patient directs the person to sign the declaration; and
10 (c) the person --
11 (i) has reached 18 years of age; and
12 (ii) is not a witness to the signing of the declaration;
13 and
14 (iii) is not the coordinating practitioner or consulting
15 practitioner for the patient making the
16 declaration.
17 (5) A person who signs the written declaration on behalf of the
18 patient must do so in the patient's presence.
19 (6) If the patient makes the written declaration with the assistance
20 of an interpreter, the interpreter must certify on the declaration
21 that the interpreter provided a true and correct translation of any
22 material translated.
23 43. Witness to signing of written declaration
24 (1) For the purposes of section 42(3)(b), a person is eligible to
25 witness the signing of a written declaration if the person --
26 (a) has reached 18 years of age; and
27 (b) is not an ineligible witness.
page 31
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 5 Written declaration
s. 44
1 (2) For the purposes of subsection (1)(b), a person is an ineligible
2 witness if the person --
3 (a) knows or believes that the person --
4 (i) is a beneficiary under a will of the patient
5 making the declaration; or
6 (ii) may otherwise benefit financially or in any other
7 material way from the death of the patient
8 making the declaration;
9 or
10 (b) is a family member of the patient making the
11 declaration; or
12 (c) is the coordinating practitioner or consulting practitioner
13 for the patient making the declaration.
14 44. Certification of witness to signing of written declaration
15 (1) In this section --
16 ineligible witness means a person who is an ineligible witness
17 under section 43(2).
18 (2) A witness who witnesses the signing of a written declaration by
19 the patient making the declaration must --
20 (a) certify in writing in the declaration that, in the presence
21 of the witness, the patient appeared to freely and
22 voluntarily sign the declaration; and
23 (b) state that the witness is not knowingly an ineligible
24 witness.
25 (3) A witness who witnesses the signing of a written declaration by
26 another person on behalf of the patient making the declaration
27 must --
28 (a) certify in writing in the declaration that --
29 (i) in the presence of the witness, the patient
30 appeared to freely and voluntarily direct the
31 other person to sign the declaration; and
page 32
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Final request and final review Division 6
s. 45
1 (ii) the other person signed the declaration in the
2 presence of the patient and the witness;
3 and
4 (b) state that the witness is not knowingly an ineligible
5 witness.
6 45. Coordinating practitioner to record written declaration
7 If a patient gives a written declaration to the coordinating
8 practitioner for the patient, the coordinating practitioner must
9 record the following in the patient's medical record --
10 (a) the date when the written declaration was made;
11 (b) the date when the written declaration was received by
12 the coordinating practitioner.
13 46. Coordinating practitioner to notify Board of written
14 declaration
15 Within 2 business days after receiving a written declaration
16 made by a patient, the coordinating practitioner for the patient
17 must give a copy of it to the Board.
18 Division 6 -- Final request and final review
19 47. Patient may make final request to coordinating practitioner
20 (1) A patient who has made a written declaration may make a final
21 request to the coordinating practitioner for the patient for access
22 to voluntary assisted dying.
23 (2) The final request must be --
24 (a) clear and unambiguous; and
25 (b) made in person or, if that is not practicable, in
26 accordance with section 158(2)(a).
27 (3) The patient may make the final request verbally or in another
28 way (for example, by gestures).
page 33
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 6 Final request and final review
s. 48
1 48. When final request can be made
2 (1) In this section --
3 designated period means the period of 9 days beginning on the
4 day on which the patient made the first request.
5 (2) The final request cannot be made --
6 (a) before the end of the designated period, except as
7 provided in subsection (3); and
8 (b) in any case, until after the day on which the consulting
9 assessment that assessed the patient as eligible for
10 access to voluntary assisted dying was completed.
11 (3) The final request can be made before the end of the designated
12 period if --
13 (a) in the opinion of the coordinating practitioner for the
14 patient, the patient is likely to die, or to lose
15 decision-making capacity in relation to voluntary
16 assisted dying, before the end of the designated period;
17 and
18 (b) the opinion of the coordinating practitioner is consistent
19 with the opinion of the consulting practitioner for the
20 patient.
21 49. Coordinating practitioner to record final request
22 The coordinating practitioner for the patient must record the
23 following in the patient's medical record --
24 (a) the date when the final request was made;
25 (b) if the final request was made before the end of the
26 designated period as defined in section 48(1), the reason
27 for it being made before the end of that period.
page 34
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Final request and final review Division 6
s. 50
1 50. Coordinating practitioner to notify Board of final request
2 (1) Within 2 business days after receiving a final request made by a
3 patient, the coordinating practitioner for the patient must
4 complete the approved form (the final request form) and give a
5 copy of it to the Board.
6 (2) The final request form must include the following --
7 (a) the name, date of birth and contact details of the patient;
8 (b) the name and contact details of the coordinating
9 practitioner;
10 (c) the date when the first request was made;
11 (d) the date when the final request was made;
12 (e) whether the final request was made in person or using
13 audiovisual communication and whether it was made
14 verbally or in another way;
15 (f) if the patient was assisted by an interpreter when making
16 the final request, the name, contact details and
17 accreditation details of the interpreter;
18 (g) if the final request was made before the end of the
19 designated period as defined in section 48(1), the reason
20 for it being made before the end of that period;
21 (h) the signature of the coordinating practitioner and the
22 date when the form was signed.
23 51. Final review by coordinating practitioner on receiving final
24 request
25 (1) On receiving a final request made by a patient, the coordinating
26 practitioner for the patient must --
27 (a) review the following in respect of the patient --
28 (i) the first assessment report form;
29 (ii) all consulting assessment report forms;
30 (iii) the written declaration;
31 and
page 35
Voluntary Assisted Dying Bill 2019
Part 3 Requesting access to voluntary assisted dying and
assessment of eligibility
Division 6 Final request and final review
s. 51
1 (b) complete the approved form (the final review form) in
2 respect of the patient.
3 (2) When conducting the final review, the coordinating practitioner
4 must have regard to any decision made by the Tribunal under
5 Part 5 in respect of a decision made in the request and
6 assessment process.
7 (3) The final review form must include the following --
8 (a) the name, date of birth and contact details of the patient;
9 (b) the name and contact details of the coordinating
10 practitioner;
11 (c) a statement that the coordinating practitioner has
12 reviewed the forms referred to in subsection (1)(a);
13 (d) a statement certifying whether or not the request and
14 assessment process has been completed in accordance
15 with this Act;
16 (e) if the patient was assisted by an interpreter, the name,
17 contact details and accreditation details of the
18 interpreter;
19 (f) a statement certifying whether or not the coordinating
20 practitioner is satisfied of each of the following --
21 (i) that the patient has decision-making capacity in
22 relation to voluntary assisted dying;
23 (ii) that the patient in requesting access to voluntary
24 assisted dying is acting voluntarily and without
25 coercion;
26 (iii) that the patient's request to access voluntary
27 assisted dying is enduring;
28 (g) the signature of the coordinating practitioner and the
29 date when the form was signed.
30 (4) Within 2 business days after completing the final review form,
31 the coordinating practitioner must give a copy of it to the Board.
page 36
Voluntary Assisted Dying Bill 2019
Requesting access to voluntary assisted dying and Part 3
assessment of eligibility
Final request and final review Division 6
s. 52
1 52. Technical error not to invalidate request and assessment
2 process
3 The validity of the request and assessment process is not
4 affected by any minor or technical error in a final review form
5 or a form referred to in section 51(1)(a).
6 53. No obligation for patient to continue after completion of
7 request and assessment process
8 A patient in respect of whom the request and assessment
9 process has been completed may decide at any time not to take
10 any further step in relation to access to voluntary assisted dying.
page 37
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 1 Eligibility requirements for administering practitioners
s. 54
1 Part 4 -- Accessing voluntary assisted dying and death
2 Division 1 -- Eligibility requirements for administering
3 practitioners
4 54. Eligibility to act as administering practitioner
5 (1) A person is eligible to act as an administering practitioner for a
6 patient if --
7 (a) the person is --
8 (i) a medical practitioner who is eligible to act as a
9 coordinating practitioner for the patient under
10 section 17(2); or
11 (ii) a nurse practitioner who has practised the
12 nursing profession for at least 2 years as a nurse
13 practitioner and meets the requirements approved
14 by the CEO for the purposes of this
15 subparagraph;
16 and
17 (b) the person has completed approved training; and
18 (c) the person is not a family member of the patient; and
19 (d) the person does not know or believe that they --
20 (i) are a beneficiary under a will of the patient; or
21 (ii) may otherwise benefit financially or in any other
22 material way from the death of the patient, other
23 than by receiving reasonable fees for the
24 provision of services as the administering
25 practitioner for the patient.
26 (2) The CEO must publish the requirements approved for the
27 purposes of subsection (1)(a)(ii) on the Department's website.
page 38
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Administration of voluntary assisted dying substance Division 2
s. 55
1 Division 2 -- Administration of voluntary assisted
2 dying substance
3 55. Application of Division
4 This Division applies if --
5 (a) the request and assessment process has been completed
6 in respect of a patient; and
7 (b) the final review form in respect of the patient certifies
8 that the coordinating practitioner for the patient is
9 satisfied of each of the following --
10 (i) that the patient has decision-making capacity in
11 relation to voluntary assisted dying;
12 (ii) that the patient in requesting access to voluntary
13 assisted dying is acting voluntarily and without
14 coercion;
15 (iii) that the patient's request to access voluntary
16 assisted dying is enduring.
17 56. Administration decision
18 (1) The patient may, in consultation with and on the advice of the
19 coordinating practitioner for the patient --
20 (a) decide to self-administer a voluntary assisted dying
21 substance (a self-administration decision); or
22 (b) decide that a voluntary assisted dying substance is to be
23 administered to the patient by the administering
24 practitioner for the patient (a practitioner
25 administration decision).
26 (2) A practitioner administration decision can only be made if the
27 coordinating practitioner for the patient advises the patient that
28 self-administration of a voluntary assisted dying substance is
29 inappropriate having regard to 1 or more of the following --
30 (a) the ability of the patient to self-administer the substance;
page 39
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 2 Administration of voluntary assisted dying substance
s. 57
1 (b) the patient's concerns about self-administering the
2 substance;
3 (c) the method for administering the substance that is
4 suitable for the patient.
5 (3) An administration decision must be --
6 (a) clear and unambiguous; and
7 (b) made in person before the coordinating practitioner for
8 the patient or, if that is not practicable, in accordance
9 with section 158(2)(a).
10 (4) The patient may make an administration decision verbally or in
11 another way (for example, by gestures).
12 (5) If the patient makes an administration decision, the coordinating
13 practitioner for the patient must record the decision in the
14 patient's medical record.
15 57. Revocation of administration decision
16 (1) The patient may at any time --
17 (a) revoke a self-administration decision by informing the
18 coordinating practitioner for the patient that the patient
19 has decided not to self-administer a voluntary assisted
20 dying substance; or
21 (b) revoke a practitioner administration decision by
22 informing the administering practitioner for the patient
23 that the patient has decided not to proceed with the
24 administration of a voluntary assisted dying substance.
25 (2) For the purposes of subsection (1), the patient may inform the
26 coordinating practitioner or administering practitioner of the
27 patient's decision in writing, verbally or in another way (for
28 example, by gestures).
page 40
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Administration of voluntary assisted dying substance Division 2
s. 58
1 (3) If the patient revokes an administration decision under
2 subsection (1), the coordinating practitioner or administering
3 practitioner who is informed of the patient's decision must --
4 (a) record the revocation in the patient's medical record;
5 and
6 (b) if the practitioner is not the coordinating practitioner for
7 the patient, inform the coordinating practitioner of the
8 revocation; and
9 (c) within 2 business days after the revocation, complete the
10 approved form (the revocation form) and give a copy of
11 it to the Board.
12 (4) The revocation form must include the following --
13 (a) the name, date of birth and contact details of the patient;
14 (b) the name and contact details of the person completing
15 the form;
16 (c) if the person completing the form is not the coordinating
17 practitioner for the patient, the name and contact details
18 of the coordinating practitioner;
19 (d) the date when the administration decision was made;
20 (e) the date when the administration decision was revoked;
21 (f) if the patient was assisted by an interpreter when
22 revoking the administration decision, the name, contact
23 details and accreditation details of the interpreter;
24 (g) the signature of the person completing the form and the
25 date when the form was signed.
26 (5) The revocation of an administration decision does not prevent
27 the patient from making another administration decision under
28 section 56(1).
29 58. Self-administration
30 (1) This section applies if the patient has made a self-administration
31 decision and has not revoked it.
page 41
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 2 Administration of voluntary assisted dying substance
s. 59
1 (2) The coordinating practitioner for the patient is authorised to
2 prescribe a voluntary assisted dying substance for the patient
3 that is of a sufficient dose to cause death.
4 (3) Subsection (2) is subject to section 66(6).
5 (4) The authorised supplier who is given the prescription for the
6 patient is authorised to --
7 (a) possess the prescribed substance for the purpose of
8 preparing it and supplying it to a person referred to in
9 paragraph (c); and
10 (b) prepare the prescribed substance; and
11 (c) supply the prescribed substance to the patient, the
12 contact person for the patient or an agent of the patient.
13 (5) The patient is authorised to --
14 (a) receive the prescribed substance from an authorised
15 supplier, the contact person for the patient or an agent of
16 the patient; and
17 (b) possess the prescribed substance for the purpose of
18 preparing and self-administering it; and
19 (c) prepare the prescribed substance; and
20 (d) self-administer the prescribed substance.
21 (6) The contact person for the patient is authorised as set out in
22 section 67(1).
23 (7) An agent of the patient is authorised to --
24 (a) receive the prescribed substance from an authorised
25 supplier; and
26 (b) possess the prescribed substance for the purpose of
27 supplying it to the patient; and
28 (c) supply the prescribed substance to the patient.
page 42
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Administration of voluntary assisted dying substance Division 2
s. 59
1 59. Practitioner administration
2 (1) This section applies if the patient has made a practitioner
3 administration decision and has not revoked it.
4 (2) The coordinating practitioner for the patient is authorised to
5 prescribe a voluntary assisted dying substance for the patient
6 that is of a sufficient dose to cause death.
7 (3) The authorised supplier who is given the prescription for the
8 patient is authorised to --
9 (a) possess the prescribed substance for the purpose of
10 preparing it and supplying it to the administering
11 practitioner for the patient; and
12 (b) prepare the prescribed substance; and
13 (c) supply the prescribed substance to the administering
14 practitioner for the patient.
15 (4) The administering practitioner for the patient is authorised to --
16 (a) receive the prescribed substance from an authorised
17 supplier; and
18 (b) possess the prescribed substance for the purpose of
19 preparing it and administering it to the patient; and
20 (c) prepare the prescribed substance.
21 (5) The administering practitioner for the patient is authorised, in
22 the presence of a witness, to administer the prescribed substance
23 to the patient if the administering practitioner is satisfied at the
24 time of administration that --
25 (a) the patient has decision-making capacity in relation to
26 voluntary assisted dying; and
27 (b) the patient is acting voluntarily and without coercion;
28 and
29 (c) the patient's request for access to voluntary assisted
30 dying is enduring.
page 43
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 2 Administration of voluntary assisted dying substance
s. 60
1 60. Coordinating practitioner to notify Board of administration
2 decision and prescription of substance
3 (1) Within 2 business days after prescribing a voluntary assisted
4 dying substance for the patient, the coordinating practitioner for
5 the patient must --
6 (a) complete the approved form (the administration
7 decision and prescription form); and
8 (b) give the Board --
9 (i) a copy of the administration decision and
10 prescription form; and
11 (ii) if the patient has made a self-administration
12 decision, a copy of the contact person
13 appointment form given to the coordinating
14 practitioner under section 66(3).
15 (2) The administration decision and prescription form must include
16 the following --
17 (a) the name, date of birth and contact details of the patient;
18 (b) the name and contact details of the coordinating
19 practitioner;
20 (c) the administration decision made by the patient;
21 (d) the date when the administration decision was made;
22 (e) a statement confirming that the coordinating practitioner
23 has complied with section 69(2) or (3), as the case
24 requires;
25 (f) the date when the prescription for the voluntary assisted
26 dying substance was issued;
27 (g) if the patient was assisted by an interpreter when making
28 the administration decision, the name, contact details
29 and accreditation details of the interpreter;
30 (h) the signature of the coordinating practitioner and the
31 date when the form was signed.
page 44
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Administration of voluntary assisted dying substance Division 2
s. 61
1 61. Certification by administering practitioner following
2 administration of prescribed substance
3 (1) This section applies if the administering practitioner for the
4 patient administers the prescribed substance to the patient.
5 (2) The administering practitioner must certify in writing that --
6 (a) the patient made a practitioner administration decision
7 and did not revoke the decision; and
8 (b) the administering practitioner was satisfied at the time of
9 administering the prescribed substance to the patient --
10 (i) that the patient had decision-making capacity in
11 relation to voluntary assisted dying; and
12 (ii) that the patient was acting voluntarily and
13 without coercion; and
14 (iii) that the patient's request for access to voluntary
15 assisted dying was enduring.
16 (3) The certificate must be in the approved form (the practitioner
17 administration form) and must include the following --
18 (a) the name and date of birth of the patient;
19 (b) the name and contact details of the administering
20 practitioner;
21 (c) the name, date of birth and contact details of the witness
22 to the administration of the prescribed substance (the
23 witness);
24 (d) the date, time and location where the prescribed
25 substance was administered;
26 (e) the date and time of the patient's death;
27 (f) the period of time that lapsed between the administration
28 of the prescribed substance and the patient's death;
29 (g) details of any complications relating to the
30 administration of the prescribed substance;
31 (h) the certificate of the witness required under
32 section 62(3);
page 45
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 2 Administration of voluntary assisted dying substance
s. 62
1 (i) the signature of the administering practitioner and the
2 date when the form was signed;
3 (j) the signature of the witness and the date when the form
4 was signed.
5 (4) Within 2 business days after administering the prescribed
6 substance, the administering practitioner must give a copy of the
7 practitioner administration form to the Board.
8 62. Witness to administration of prescribed substance
9 (1) For the purposes of section 59(5), a person is eligible to witness
10 the administration of a prescribed substance to a patient if the
11 person --
12 (a) has reached 18 years of age; and
13 (b) is not an ineligible witness.
14 (2) For the purposes of subsection (1)(b), a person is an ineligible
15 witness if the person --
16 (a) is a family member of the administering practitioner for
17 the patient; or
18 (b) is employed, or engaged under a contract for services,
19 by the administering practitioner for the patient.
20 (3) The witness to the administration of a prescribed substance to a
21 patient must certify in the practitioner administration form for
22 the patient that --
23 (a) the patient's request for access to voluntary assisted
24 dying appeared to be free, voluntary and enduring; and
25 (b) the administering practitioner for the patient
26 administered the prescribed substance to the patient in
27 the presence of the witness.
page 46
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Administration of voluntary assisted dying substance Division 2
s. 63
1 63. Transfer of administering practitioner's role
2 (1) This section applies if --
3 (a) a patient has made a practitioner administration
4 decision; and
5 (b) the coordinating practitioner for the patient has
6 prescribed a voluntary assisted dying substance for the
7 patient; and
8 (c) the administering practitioner for the patient (the
9 original practitioner) is unable or unwilling for any
10 reason to administer the prescribed substance to the
11 patient, whether the original practitioner is the
12 coordinating practitioner for the patient or a person to
13 whom the role of administering practitioner has been
14 transferred under subsection (2).
15 (2) The original practitioner must transfer the role of administering
16 practitioner to another person who is eligible to act as an
17 administering practitioner for the patient and accepts the
18 transfer of the role.
19 (3) If a person (the new practitioner) accepts the transfer of the
20 role, the original practitioner must --
21 (a) inform the patient of the transfer and of the name and
22 contact details of the new practitioner; and
23 (b) record the transfer in the patient's medical record; and
24 (c) within 2 business days after the acceptance of the
25 transfer, complete the approved form (the administering
26 practitioner transfer form) and give a copy of it to the
27 Board.
28 (4) The administering practitioner transfer form must include the
29 following --
30 (a) the name, date of birth and contact details of the patient;
31 (b) the name and contact details of the original practitioner;
32 (c) the name and contact details of the new practitioner;
page 47
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 3 Contact person
s. 64
1 (d) the date when the new practitioner accepted the transfer;
2 (e) the date when the patient was informed of the transfer;
3 (f) the signature of the original practitioner and the date
4 when the form was signed.
5 (5) If the original practitioner has possession of the prescribed
6 substance when the role is transferred --
7 (a) the original practitioner is authorised to supply the
8 prescribed substance to the new practitioner; and
9 (b) the new practitioner is authorised to receive the
10 prescribed substance from the original practitioner.
11 (6) The coordinating practitioner for the patient remains the
12 coordinating practitioner despite any transfer of the role of
13 administering practitioner under subsection (2), but subject to
14 section 157.
15 Division 3 -- Contact person
16 64. Application of Division
17 This Division applies if a patient has made a self-administration
18 decision.
19 65. Patient to appoint contact person
20 (1) The patient must appoint a person as the contact person for the
21 patient.
22 (2) A person is eligible for appointment if the person has reached
23 18 years of age.
24 (3) Without limiting who can be appointed as the contact person,
25 the patient may appoint their coordinating practitioner, their
26 consulting practitioner or another registered health practitioner.
27 (4) A person cannot be appointed as the contact person unless the
28 person consents to the appointment.
29 (5) The patient may revoke the appointment of the contact person.
page 48
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Contact person Division 3
s. 66
1 (6) If the patient revokes the appointment of the contact person --
2 (a) the patient must inform the person of the revocation; and
3 (b) the person ceases to be the contact person for the patient
4 on being informed under paragraph (a); and
5 (c) the patient must make another appointment under
6 subsection (1).
7 66. Contact person appointment form
8 (1) An appointment under section 65(1) must be made in the
9 approved form (the contact person appointment form) and
10 include the following --
11 (a) the name, date of birth and contact details of the patient;
12 (b) the name and contact details of the coordinating
13 practitioner for the patient;
14 (c) the name, date of birth and contact details of the contact
15 person;
16 (d) a statement that the contact person consents to the
17 appointment;
18 (e) a statement that the contact person understands their role
19 under this Act (including the requirements under
20 section 105 to give the prescribed substance, or any
21 unused or remaining prescribed substance, to an
22 authorised disposer and the penalties for offences under
23 that section);
24 (f) if the patient was assisted by an interpreter when making
25 the appointment, the name, contact details and
26 accreditation details of the interpreter;
27 (g) the signature of the contact person and the date when the
28 form was signed;
29 (h) the signature of the patient, or other person who
30 completes the form on behalf of the patient, and the date
31 when the form was signed.
page 49
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 3 Contact person
s. 67
1 (2) If the patient is unable to complete the contact person
2 appointment form, another person can complete the form on
3 behalf of the patient if --
4 (a) the patient directs the person to complete the contact
5 person appointment form; and
6 (b) the person has reached 18 years of age.
7 (3) The patient or the contact person for the patient must give the
8 contact person appointment form to the coordinating
9 practitioner for the patient.
10 (4) Within 2 business days after receiving the contact person
11 appointment form, the coordinating practitioner for the patient
12 must give a copy of it to the Board.
13 (5) Subsection (4) does not apply if a copy of the form is given to
14 the Board under section 60(1)(b)(ii).
15 (6) The coordinating practitioner for the patient cannot prescribe a
16 voluntary assisted dying substance for the patient before the
17 contact person appointment form is given to the coordinating
18 practitioner.
19 67. Role of contact person
20 (1) The contact person for the patient is authorised to --
21 (a) receive the prescribed substance from an authorised
22 supplier; and
23 (b) possess the prescribed substance for the purpose of
24 paragraph (c) or (d); and
25 (c) supply the prescribed substance to the patient; and
26 (d) give the prescribed substance, or any unused or
27 remaining prescribed substance, to an authorised
28 disposer as required by section 105.
page 50
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Prescribing, supplying and disposing of voluntary assisted Division 4
dying substance
s. 68
1 (2) The contact person for the patient must inform the coordinating
2 practitioner for the patient if the patient dies (whether as a result
3 of self-administering the prescribed substance or from some
4 other cause).
5 68. Contact person may refuse to continue in role
6 (1) The contact person for a patient may refuse to continue to
7 perform the role of contact person.
8 (2) If the contact person for a patient refuses to continue to perform
9 the role --
10 (a) the person must inform the patient of the refusal; and
11 (b) the person ceases to be the contact person for the patient
12 on informing the patient under paragraph (a); and
13 (c) the patient must make another appointment under
14 section 65(1).
15 Division 4 -- Prescribing, supplying and disposing of voluntary
16 assisted dying substance
17 69. Information to be given before prescribing substance
18 (1) In this section --
19 Schedule 4 poison and Schedule 8 poison have the meanings
20 given in the Medicines and Poisons Act 2014 section 3.
21 (2) The coordinating practitioner for a patient who has made a
22 self-administration decision must, before prescribing a
23 voluntary assisted dying substance for the patient, inform the
24 patient, in writing, of the following --
25 (a) the Schedule 4 poison or Schedule 8 poison, or
26 combination of those poisons, constituting the
27 substance;
28 (b) that the patient is not under any obligation to obtain the
29 substance;
page 51
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 4 Prescribing, supplying and disposing of voluntary assisted
dying substance
s. 69
1 (c) that the patient is not under any obligation to
2 self-administer the substance;
3 (d) that the substance must be stored in accordance with the
4 information provided by the authorised supplier who
5 supplies the substance;
6 (e) how to prepare and self-administer the substance;
7 (f) the method by which the substance will be self-
8 administered;
9 (g) the expected effects of self-administration of the
10 substance;
11 (h) the period within which the patient is likely to die after
12 self-administration of the substance;
13 (i) the potential risks of self-administration of the
14 substance;
15 (j) that, if the patient decides not to self-administer the
16 substance, their contact person must give the substance
17 to an authorised disposer for disposal;
18 (k) that, if the patient dies, their contact person must give
19 any unused or remaining substance to an authorised
20 disposer for disposal.
21 (3) The coordinating practitioner for a patient who has made a
22 practitioner administration decision must, before prescribing a
23 voluntary assisted dying substance for the patient, inform the
24 patient, in writing, of the following --
25 (a) the Schedule 4 poison or Schedule 8 poison, or
26 combination of those poisons, constituting the
27 substance;
28 (b) that the patient is not under any obligation to have the
29 substance administered;
30 (c) the method by which the substance will be administered;
31 (d) the expected effects of administration of the substance;
32 (e) the period within which the patient is likely to die after
33 administration of the substance;
page 52
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Prescribing, supplying and disposing of voluntary assisted Division 4
dying substance
s. 70
1 (f) the potential risks of administration of the substance;
2 (g) that, if the practitioner administration decision is made
3 after the revocation of a self-administration decision, the
4 contact person for the patient must give any prescribed
5 substance received by the patient, the contact person or
6 an agent of the patient to an authorised disposer for
7 disposal.
8 70. Prescription for substance
9 (1) In this section --
10 medication chart means a chart (however described) that
11 records medicines used, or to be used, for the treatment of the
12 patient.
13 (2) This section applies if the coordinating practitioner for a patient
14 prescribes a voluntary assisted dying substance for the patient.
15 (3) The prescription issued by the coordinating practitioner (the
16 prescription) must include --
17 (a) a statement that clearly indicates it is for a voluntary
18 assisted dying substance; and
19 (b) a statement --
20 (i) certifying that the request and assessment
21 process has been completed in respect of the
22 patient in accordance with this Act; and
23 (ii) certifying that the patient has made an
24 administration decision and specifying whether
25 the decision is a self-administration decision or a
26 practitioner administration decision;
27 and
28 (c) the telephone number of the patient.
29 (4) The prescription cannot be in the form of a medication chart.
page 53
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 4 Prescribing, supplying and disposing of voluntary assisted
dying substance
s. 71
1 (5) The prescription cannot provide for the prescribed substance to
2 be supplied on more than 1 occasion.
3 (6) The coordinating practitioner must give the prescription directly
4 to an authorised supplier.
5 71. Authorised supplier to authenticate prescription
6 An authorised supplier who is given a prescription for a
7 voluntary assisted dying substance must not supply the
8 substance in accordance with the prescription unless the
9 authorised supplier has confirmed --
10 (a) the authenticity of the prescription; and
11 (b) the identity of the person who issued the prescription;
12 and
13 (c) the identity of the person to whom the substance is to be
14 supplied.
15 72. Information to be given when supplying prescribed
16 substance
17 (1) Subsection (2) applies if an authorised supplier supplies a
18 prescribed substance to a patient, the contact person for a patient
19 or an agent of a patient (the recipient).
20 (2) The authorised supplier must, when supplying the prescribed
21 substance, inform the recipient, in writing, of the following --
22 (a) that the patient is not under any obligation to
23 self-administer the substance;
24 (b) how to store the substance in a safe and secure way;
25 (c) how to prepare and self-administer the substance;
26 (d) that, if the patient decides not to self-administer the
27 substance, their contact person must give the substance
28 to an authorised disposer for disposal;
29 (e) that, if the patient dies, their contact person must give
30 any unused or remaining substance to an authorised
31 disposer for disposal.
page 54
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Prescribing, supplying and disposing of voluntary assisted Division 4
dying substance
s. 73
1 (3) If the recipient is not the patient, the authorised supplier must,
2 when supplying the prescribed substance, advise the recipient to
3 give the information provided under subsection (2) to the
4 patient.
5 73. Labelling requirements for prescribed substance
6 (1) In addition to any labelling requirements under the Medicines
7 and Poisons Act 2014, an authorised supplier who supplies a
8 prescribed substance must attach a statement in writing to the
9 relevant package or container that --
10 (a) warns of the purpose of the dose of the substance; and
11 (b) states the dangers of administration of the substance;
12 and
13 (c) states that, if the substance is supplied for
14 self-administration --
15 (i) the substance must be stored in accordance with
16 the advice given by the authorised supplier; and
17 (ii) any unused or remaining substance must be
18 given to an authorised disposer by the contact
19 person for the patient to whom it is supplied.
20 (2) The statement must be in the approved form.
21 74. Authorised supplier to record and notify of supply
22 (1) An authorised supplier who supplies a prescribed substance
23 must immediately complete the approved form (the authorised
24 supply form).
25 (2) The authorised supply form must include the following --
26 (a) the name, date of birth and contact details of the patient;
27 (b) the name and contact details of the authorised supplier;
28 (c) a statement certifying that the prescribed substance was
29 supplied;
30 (d) the name and contact details of the person to whom the
31 prescribed substance was supplied;
page 55
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 4 Prescribing, supplying and disposing of voluntary assisted
dying substance
s. 75
1 (e) the date when the prescribed substance was supplied;
2 (f) a statement certifying that the requirements under
3 sections 72 and 73 were complied with;
4 (g) the signature of the authorised supplier and the date
5 when the form was signed.
6 (3) Within 2 business days after supplying the prescribed substance,
7 the authorised supplier must give a copy of the completed
8 authorised supply form to the Board.
9 75. Disposal of prescribed substance by authorised disposer
10 (1) This section applies if a prescribed substance, or any unused or
11 remaining prescribed substance, is given to an authorised
12 disposer by the contact person for a patient.
13 (2) The authorised disposer is authorised to --
14 (a) possess the prescribed substance for the purpose of
15 disposing of it; and
16 (b) dispose of the prescribed substance.
17 (3) The authorised disposer must dispose of the prescribed
18 substance as soon as practicable after receiving it.
19 (4) In disposing of the prescribed substance, the authorised disposer
20 must comply with any requirements of the Medicines and
21 Poisons Act 2014 that apply to the disposal.
22 76. Authorised disposer to record and notify of disposal
23 (1) An authorised disposer who disposes of a prescribed substance
24 must immediately complete the approved form (the authorised
25 disposal form).
26 (2) The authorised disposal form must include the following --
27 (a) the name, date of birth and contact details of the patient;
28 (b) the name and contact details of the authorised disposer;
page 56
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Prescribing, supplying and disposing of voluntary assisted Division 4
dying substance
s. 77
1 (c) the name and contact details of the person who gave the
2 prescribed substance to the authorised disposer;
3 (d) the date when the prescribed substance was given to the
4 authorised disposer;
5 (e) the date when the prescribed substance was disposed of
6 by the authorised disposer;
7 (f) the signature of the authorised disposer and the date
8 when the form was signed.
9 (3) Within 2 business days after disposing of the prescribed
10 substance, the authorised disposer must give a copy of the
11 completed authorised disposal form to the Board.
12 77. Disposal of prescribed substance by administering
13 practitioner
14 (1) Subsections (2) and (3) apply if --
15 (a) a patient who has made a practitioner administration
16 decision revokes the decision; and
17 (b) the administering practitioner for the patient has
18 possession of the prescribed substance when the
19 decision is revoked.
20 (2) The administering practitioner is authorised to --
21 (a) possess the prescribed substance for the purpose of
22 disposing of it; and
23 (b) dispose of the prescribed substance.
24 (3) The prescribed substance must be disposed of by the
25 administering practitioner as soon as practicable after the
26 practitioner administration decision is revoked.
27 (4) Subsections (5) and (6) apply if --
28 (a) a patient who has made a practitioner administration
29 decision dies (whether or not after being administered
30 the prescribed substance); and
page 57
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 4 Prescribing, supplying and disposing of voluntary assisted
dying substance
s. 78
1 (b) the administering practitioner for the patient has
2 possession of any prescribed substance that is unused or
3 remaining after the patient's death (the unused or
4 remaining substance).
5 (5) The administering practitioner is authorised to --
6 (a) possess the unused or remaining substance for the
7 purpose of disposing of it; and
8 (b) dispose of the unused or remaining substance.
9 (6) The unused or remaining substance must be disposed of by the
10 administering practitioner as soon as practicable after the
11 patient's death.
12 (7) In disposing of the prescribed substance or the unused or
13 remaining substance, as the case requires, the administering
14 practitioner must comply with any requirements of the
15 Medicines and Poisons Act 2014 that apply to the disposal.
16 78. Administering practitioner to record and notify of disposal
17 (1) An administering practitioner for a patient who disposes of a
18 prescribed substance must immediately complete the approved
19 form (the practitioner disposal form).
20 (2) The practitioner disposal form must include the following --
21 (a) the name, date of birth and contact details of the patient;
22 (b) the name and contact details of the administering
23 practitioner;
24 (c) the date when the prescribed substance was supplied to
25 the administering practitioner;
26 (d) the date when the patient revoked the practitioner
27 administration decision or died;
28 (e) the date when the prescribed substance was disposed of
29 by the administering practitioner;
30 (f) the signature of the administering practitioner and the
31 date when the form was signed.
page 58
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Other matters Division 5
s. 79
1 (3) Within 2 business days after disposing of the prescribed
2 substance, the administering practitioner must give a copy of the
3 completed practitioner disposal form to the Board.
4 Division 5 -- Other matters
5 79. Authorised suppliers and authorised disposers
6 (1) The CEO may, in writing, authorise a registered health
7 practitioner, or persons in a class of registered health
8 practitioners, to supply prescribed substances for the purposes
9 of this Part.
10 (2) A person who is authorised under subsection (1) is an
11 authorised supplier.
12 (3) The CEO may, in writing, authorise a registered health
13 practitioner, or persons in a class of registered health
14 practitioners, to dispose of prescribed substances for the
15 purposes of this Part.
16 (4) A person who is authorised under subsection (3) is an
17 authorised disposer.
18 (5) The CEO may, in writing, revoke an authorisation given under
19 subsection (1) or (3).
20 (6) The CEO must publish an up-to-date list of authorised suppliers
21 and authorised disposers on the Department's website.
22 80. Certain directions as to supply or administration prohibited
23 (1) In this section --
24 authorised health professional has the meaning given in the
25 Medicines and Poisons Act 2014 section 3.
page 59
Voluntary Assisted Dying Bill 2019
Part 4 Accessing voluntary assisted dying and death
Division 5 Other matters
s. 81
1 (2) The coordinating practitioner for a patient cannot direct an
2 authorised health professional to supply a prescribed substance
3 to the patient, the contact person for the patient or an agent of
4 the patient, unless --
5 (a) the authorised health professional is an authorised
6 supplier; and
7 (b) the direction is in the form of a prescription for the
8 prescribed substance given directly to the authorised
9 supplier.
10 (3) The coordinating practitioner or administering practitioner for a
11 patient cannot direct an authorised health professional to
12 administer a prescribed substance to the patient.
13 81. Structured administration and supply arrangement not to
14 be issued for substance
15 (1) In this section --
16 structured administration and supply arrangement means a
17 document that sets out the circumstances in which a health
18 professional (as defined in the Medicines and Poisons Act 2014
19 section 3) specified, or of a class specified, in the document may
20 administer or supply a medicine specified in the document.
21 (2) A person cannot issue a structured administration and supply
22 arrangement in relation to the administration or supply of a
23 medicine for the purpose of voluntary assisted dying.
24 82. Notification of death
25 (1) In this section --
26 cause of death certificate means a certificate of the cause of a
27 person's death under the Births, Deaths and Marriages
28 Registration Act 1998 section 44(1).
29 (2) The coordinating practitioner or administering practitioner for a
30 patient must, within 2 business days after becoming aware that
31 the patient has died (whether or not after self-administering, or
page 60
Voluntary Assisted Dying Bill 2019
Accessing voluntary assisted dying and death Part 4
Other matters Division 5
s. 82
1 being administered, a voluntary assisted dying substance in
2 accordance with this Act), notify the Board, in the approved
3 form, of the patient's death.
4 (3) Subsection (2) does not apply if the administering practitioner
5 for a patient gives the Board a copy of a practitioner
6 administration form in respect of the patient under
7 section 61(4).
8 (4) Subsections (5) and (6) apply if a medical practitioner who is
9 required to give a cause of death certificate for a person knows
10 or reasonably believes that the person was a patient who
11 self-administered, or was administered, a voluntary assisted
12 dying substance in accordance with this Act.
13 (5) The medical practitioner must, within 2 business days after
14 becoming aware that the person has died, notify the Board, in
15 the approved form, of the person's death, unless the medical
16 practitioner is the coordinating practitioner or administering
17 practitioner for the person.
18 (6) The medical practitioner must not include any reference to
19 voluntary assisted dying in the cause of death certificate for the
20 person.
page 61
Voluntary Assisted Dying Bill 2019
Part 5 Review by Tribunal
s. 83
1 Part 5 -- Review by Tribunal
2 83. Terms used
3 eligible applicant means --
4 (a) a patient who is the subject of a decision referred to in
5 section 84(1); or
6 (b) an agent of a patient referred to in paragraph (a); or
7 (c) any other person who the Tribunal is satisfied has a
8 special interest in the medical care and treatment of a
9 patient referred to in paragraph (a);
10 party to the proceeding, in relation to a review application,
11 means a party to the proceeding before the Tribunal relating to
12 the application;
13 review application, in relation to a patient, means an application
14 under section 84(1) for a review of a decision made in relation
15 to the patient;
16 reviewed decision, in relation to a review application, means the
17 decision the subject of the application.
18 84. Application for review of certain decisions by Tribunal
19 (1) An eligible applicant may apply to the Tribunal for a review of
20 any of the following decisions --
21 (a) a decision of the coordinating practitioner for a patient
22 in a first assessment that the patient --
23 (i) at the time of making the first request, has or has
24 not been ordinarily resident in Western Australia
25 for a period of at least 12 months; or
26 (ii) has or does not have decision-making capacity in
27 relation to voluntary assisted dying; or
28 (iii) is or is not acting voluntarily and without
29 coercion;
page 62
Voluntary Assisted Dying Bill 2019
Review by Tribunal Part 5
s. 85
1 (b) a decision of the consulting practitioner for a patient in a
2 consulting assessment that the patient --
3 (i) at the time of making the first request, has or has
4 not been ordinarily resident in Western Australia
5 for a period of at least 12 months; or
6 (ii) has or does not have decision-making capacity in
7 relation to voluntary assisted dying; or
8 (iii) is or is not acting voluntarily and without
9 coercion;
10 (c) a decision of the coordinating practitioner for a patient
11 to make a statement in a final review form certifying
12 that the coordinating practitioner is satisfied that the
13 patient --
14 (i) has or does not have decision-making capacity in
15 relation to voluntary assisted dying; or
16 (ii) in requesting access to voluntary assisted dying
17 is or is not acting voluntarily and without
18 coercion.
19 (2) If a review application is made in relation to a patient, the
20 patient is a party to the proceeding whether or not the patient is
21 the applicant for the review.
22 85. Notice of decision and right to have it reviewed
23 Despite the State Administrative Tribunal Act 2004
24 section 20(1), the only person who has to be given notice under
25 that section in relation to a decision referred to in section 84(1)
26 is the patient who is the subject of the decision.
27 86. Consequences of review application
28 (1) This section applies if a review application is made in relation to
29 a patient.
30 (2) If the request and assessment process in respect of the patient
31 has not been completed, the request and assessment process is
page 63
Voluntary Assisted Dying Bill 2019
Part 5 Review by Tribunal
s. 87
1 suspended and no further step in the process is to be taken until
2 the review application is determined or otherwise disposed of.
3 (3) If the request and assessment process in respect of the patient
4 has been completed, the process for accessing voluntary assisted
5 dying under Part 4 is suspended and no step under that Part
6 (including the prescription, supply or administration of a
7 voluntary assisted dying substance) is to be taken in relation to
8 the patient until the review application is determined or
9 otherwise disposed of.
10 87. Review application taken to be withdrawn if patient dies
11 A review application made in relation to a patient is taken to be
12 withdrawn if the patient dies.
13 88. Decision of Tribunal
14 In determining a review application made in relation to a patient
15 the Tribunal may decide that --
16 (a) at the time of making the first request, the patient had
17 been ordinarily resident in Western Australia for a
18 period of at least 12 months; or
19 (b) at the time of making the first request, the patient had
20 not been ordinarily resident in Western Australia for a
21 period of at least 12 months; or
22 (c) the patient has decision-making capacity in relation to
23 voluntary assisted dying; or
24 (d) the patient does not have decision-making capacity in
25 relation to voluntary assisted dying; or
26 (e) the patient is acting voluntarily and without coercion; or
27 (f) the patient is not acting voluntarily and without
28 coercion.
page 64
Voluntary Assisted Dying Bill 2019
Review by Tribunal Part 5
s. 89
1 89. Effect of decision under s. 88(a), (c) or (e)
2 (1) If the Tribunal makes a decision referred to in section 88(a), (c)
3 or (e) on a review application made in relation to a patient --
4 (a) section 86 ceases to apply; and
5 (b) if the request and assessment process in respect of the
6 patient had not been completed when the review
7 application was made -- the request and assessment
8 process can be resumed; and
9 (c) if the request and assessment process in respect of the
10 patient had been completed when the review application
11 was made -- the process under Part 4 can be resumed,
12 and any step that is authorised under that Part can be
13 taken, in relation to the patient; and
14 (d) if the Tribunal sets aside the reviewed decision --
15 subsection (2), (3) or (4) applies, as the case requires.
16 (2) If the reviewed decision set aside by the Tribunal is a decision
17 of a coordinating practitioner in a first assessment --
18 (a) the Tribunal's decision is substituted for the reviewed
19 decision; and
20 (b) if the outcome of the first assessment would, but for the
21 reviewed decision, have been that the patient was
22 assessed as eligible for access to voluntary assisted
23 dying -- the coordinating practitioner is taken to have
24 made a first assessment assessing the patient as eligible
25 for access to voluntary assisted dying.
26 (3) If the reviewed decision set aside by the Tribunal is a decision
27 of a consulting practitioner in a consulting assessment --
28 (a) the Tribunal's decision is substituted for the reviewed
29 decision; and
30 (b) if the outcome of the consulting assessment would, but
31 for the reviewed decision, have been that the patient was
32 assessed as eligible for access to voluntary assisted
33 dying -- the consulting practitioner is taken to have
page 65
Voluntary Assisted Dying Bill 2019
Part 5 Review by Tribunal
s. 90
1 made a consulting assessment assessing the patient as
2 eligible for access to voluntary assisted dying.
3 (4) If the reviewed decision set aside by the Tribunal is a decision
4 of a coordinating practitioner in a final review --
5 (a) the Tribunal's decision is substituted for the reviewed
6 decision; and
7 (b) the final review form is taken to include --
8 (i) if the reviewed decision is a decision referred to
9 in section 84(1)(c)(i) -- a statement certifying
10 that the coordinating practitioner is satisfied that
11 the patient has decision-making capacity in
12 relation to voluntary assisted dying; or
13 (ii) if the reviewed decision is a decision referred to
14 in section 84(1)(c)(ii) -- a statement certifying
15 that the coordinating practitioner is satisfied that
16 the patient in requesting access to voluntary
17 assisted dying is acting voluntarily and without
18 coercion.
19 90. Effect of decision under s. 88(b), (d) or (f)
20 If the Tribunal makes a decision referred to in section 88(b), (d)
21 or (f) on a review application made in relation to a patient --
22 (a) the patient is taken to be ineligible for access to
23 voluntary assisted dying for the purposes of the request
24 and assessment process in respect of the patient; and
25 (b) if the request and assessment process in respect of the
26 patient had not been completed when the review
27 application was made -- the request and assessment
28 process ends; and
29 (c) if the request and assessment process in respect of the
30 patient had been completed when the review application
31 was made -- the process for accessing voluntary
32 assisted dying under Part 4 ends and no step under that
33 Part (including the prescription, supply or administration
page 66
Voluntary Assisted Dying Bill 2019
Review by Tribunal Part 5
s. 91
1 of a voluntary assisted dying substance) is to be taken in
2 relation to the patient.
3 91. Coordinating practitioner may refuse to continue in role
4 (1) If a decision of the Tribunal is substituted for a decision of the
5 coordinating practitioner for a patient under section 89(2)(a)
6 or (4)(a), the coordinating practitioner may refuse to continue to
7 perform the role of coordinating practitioner.
8 (2) A coordinating practitioner who refuses under subsection (1) to
9 continue to perform the role of coordinating practitioner must
10 transfer the role of coordinating practitioner in accordance with
11 section 157.
12 92. Constitution and membership of Tribunal
13 (1) In this section --
14 judicial member, non-judicial member and public sector
15 employee have the meanings given in the State Administrative
16 Tribunal Act 2004 section 3(1).
17 (2) For the purposes of this Part --
18 (a) the Tribunal, when exercising its review jurisdiction,
19 must be constituted by, or so as to include, a judicial
20 member; and
21 (b) a person who is a public sector employee may be
22 appointed to be a non-judicial member in respect of
23 matters in the Tribunal's review jurisdiction.
24 93. Hearings of Tribunal to be held in private
25 (1) Hearings of the Tribunal in respect of a review application must
26 be held in private.
27 (2) The Tribunal may give directions as to persons who may be
28 present at a hearing in respect of a review application.
page 67
Voluntary Assisted Dying Bill 2019
Part 5 Review by Tribunal
s. 94
1 94. Notice requirements
2 (1) If a review application is made in relation to a patient, the
3 Tribunal must give notice of the application and any decision or
4 order (however described) of the Tribunal in respect of the
5 application to --
6 (a) the coordinating practitioner for the patient if the
7 coordinating practitioner is not a party to the
8 proceeding; and
9 (b) the consulting practitioner for the patient if the
10 consulting practitioner is not a party to the proceeding;
11 and
12 (c) if the role of administering practitioner for the patient
13 has been transferred under section 63(2), the
14 administering practitioner for the patient; and
15 (d) the CEO; and
16 (e) the Board.
17 (2) Subsection (1) does not limit the operation of the State
18 Administrative Tribunal Act 2004 section 75 and is in addition
19 to any requirements for notice under that Act.
20 (3) The Board must, as soon as practicable after receiving notice of
21 a review application under subsection (1), give written notice of
22 the effect of section 86(2) and (3) to --
23 (a) each party to the proceeding; and
24 (b) the coordinating practitioner for the patient if the
25 coordinating practitioner is not a party to the
26 proceeding; and
27 (c) if the role of administering practitioner for the patient
28 has been transferred under section 63(2), the
29 administering practitioner for the patient.
page 68
Voluntary Assisted Dying Bill 2019
Review by Tribunal Part 5
s. 95
1 95. Coordinating practitioner to give Tribunal relevant material
2 Within 7 business days after receiving notice of a review
3 application under section 94(1) or any shorter period ordered by
4 the Tribunal, the coordinating practitioner for a patient must --
5 (a) if the coordinating practitioner is the decision-maker for
6 the purposes of the State Administrative Tribunal
7 Act 2004, provide the following to the Tribunal --
8 (i) a statement of the reasons for the reviewed
9 decision;
10 (ii) other documents and material in the
11 practitioner's possession or under the
12 practitioner's control and relevant to the
13 Tribunal's review of the reviewed decision;
14 or
15 (b) if the coordinating practitioner is not the decision-maker
16 for the purposes of the State Administrative Tribunal
17 Act 2004, provide to the Tribunal documents and
18 material in the practitioner's possession or under the
19 practitioner's control and relevant to the Tribunal's
20 review of the reviewed decision.
21 96. Tribunal to give written reasons for decision
22 (1) The Tribunal must give written reasons for a decision made in
23 respect of a review application.
24 (2) The Tribunal must give a copy of the written reasons to --
25 (a) each party to the proceeding; and
26 (b) the coordinating practitioner for the patient if the
27 coordinating practitioner is not a party to the
28 proceeding; and
29 (c) the consulting practitioner for the patient if the
30 consulting practitioner is not a party to the proceeding;
31 and
page 69
Voluntary Assisted Dying Bill 2019
Part 5 Review by Tribunal
s. 97
1 (d) if the role of administering practitioner for the patient
2 has been transferred under section 63(2), the
3 administering practitioner for the patient; and
4 (e) the CEO; and
5 (f) the Board.
6 (3) A written transcript of the part of the proceeding in which the
7 Tribunal's reasons for the decision are given orally is sufficient
8 to constitute written reasons for the purposes of this section.
9 97. Published decisions or reasons to exclude personal
10 information
11 (1) If the Tribunal publishes a decision, or its reasons for a decision,
12 made in respect of a review application, the Tribunal must
13 ensure that the decision or reasons are published in a form that
14 does not disclose personal information about any of the
15 following --
16 (a) a party to the proceeding;
17 (b) a person who has appeared before the Tribunal in the
18 proceeding;
19 (c) the coordinating practitioner for the patient if the
20 coordinating practitioner is not a party to the
21 proceeding;
22 (d) the consulting practitioner for the patient if the
23 consulting practitioner is not a party to the proceeding;
24 (e) a former coordinating practitioner or consulting
25 practitioner for the patient if the person is not a party to
26 the proceeding;
27 (f) if the role of administering practitioner for the patient
28 has been transferred under section 63(2), a person to
29 whom the role has been transferred.
page 70
Voluntary Assisted Dying Bill 2019
Review by Tribunal Part 5
s. 98
1 (2) Subsection (1) does not prevent the Tribunal from disclosing
2 personal information about a person referred to in that
3 subsection in written reasons given under section 96(1) or in a
4 copy of written reasons given under section 96(2).
5 98. Interim orders
6 On a review application, the Tribunal may make any interim
7 order that it considers necessary.
page 71
Voluntary Assisted Dying Bill 2019
Part 6 Offences
s. 99
1 Part 6 -- Offences
2 99. Unauthorised administration of prescribed substance
3 A person commits a crime if --
4 (a) the person administers a prescribed substance to another
5 person; and
6 (b) the person is not authorised by section 59(5) to
7 administer the prescribed substance to the other person.
8 Penalty: imprisonment for life.
9 100. Inducing another person to request or access voluntary
10 assisted dying
11 (1) In this section --
12 request for access to voluntary assisted dying means --
13 (a) a first request; or
14 (b) a written declaration; or
15 (c) a final request; or
16 (d) an administration decision.
17 (2) A person commits a crime if the person, by dishonesty, undue
18 influence or coercion, induces another person --
19 (a) to make a request for access to voluntary assisted dying;
20 or
21 (b) to access voluntary assisted dying.
22 Penalty for this subsection: imprisonment for 7 years.
23 Summary conviction penalty for this subsection: imprisonment
24 for 3 years and a fine of $36 000.
25 101. Inducing self-administration of prescribed substance
26 A person commits a crime if the person, by dishonesty, undue
27 influence or coercion, induces another person to self-administer
28 a prescribed substance.
29 Penalty: imprisonment for life.
page 72
Voluntary Assisted Dying Bill 2019
Offences Part 6
s. 102
1 102. False or misleading information
2 (1) A person commits a crime if the person does anything set out in
3 subsection (2) --
4 (a) in, or in connection with, a form, declaration or other
5 document required under this Act; or
6 (b) in compliance, or purported compliance, with a
7 requirement under this Act; or
8 (c) for any other purpose under this Act.
9 Penalty for this subsection: imprisonment for 7 years.
10 Summary conviction penalty for this subsection: imprisonment
11 for 3 years and a fine of $36 000.
12 (2) The things to which subsection (1) applies are making a
13 statement or giving information that --
14 (a) the person knows is false or misleading in a material
15 particular; or
16 (b) omits anything without which the statement or
17 information is, to the person's knowledge, misleading in
18 a material particular.
19 103. Advertising Schedule 4 or 8 poison as voluntary assisted
20 dying substance
21 A person commits a crime if the person advertises a Schedule 4
22 poison or Schedule 8 poison as a voluntary assisted dying
23 substance.
24 Penalty: imprisonment for 3 years and a fine of $36 000.
25 104. Cancellation of document presented as prescription
26 (1) This section applies if --
27 (a) an authorised supplier is given a document that is
28 presented as a prescription for a voluntary assisted dying
29 substance; and
page 73
Voluntary Assisted Dying Bill 2019
Part 6 Offences
s. 105
1 (b) the authorised supplier is satisfied that the document --
2 (i) does not comply with section 70; or
3 (ii) is not issued by the coordinating practitioner for
4 the patient to whom it relates; or
5 (iii) is false in a material particular.
6 (2) The authorised supplier must --
7 (a) cancel the document by marking the word "cancelled"
8 across it; and
9 (b) inform the CEO that the document has been cancelled
10 and of the reasons for cancelling it.
11 Penalty for this subsection: imprisonment for 12 months.
12 105. Contact person to give unused or remaining substance to
13 authorised disposer
14 (1) If a patient revokes a self-administration decision after an
15 authorised supplier has supplied a prescribed substance for the
16 patient, the contact person for the patient must, as soon as
17 practicable and in any event within 14 days after the day on
18 which the decision is revoked, give the prescribed substance to
19 an authorised disposer.
20 Penalty for this subsection: imprisonment for 12 months.
21 (2) If a patient who has made a self-administration decision dies
22 and the patient's death occurs after an authorised supplier has
23 supplied a prescribed substance for the patient, the contact
24 person for the patient must, as soon as practicable and in any
25 event within 14 days after the day on which the patient dies,
26 give any unused or remaining substance to an authorised
27 disposer.
28 Penalty for this subsection: imprisonment for 12 months.
29 (3) In subsection (2) the reference to any unused or remaining
30 substance is a reference to any prescribed substance that the
31 contact person knows is unused or remaining after the patient's
32 death.
page 74
Voluntary Assisted Dying Bill 2019
Offences Part 6
s. 106
1 106. Recording, use or disclosure of information
2 (1) A person must not, directly or indirectly, record, use or disclose
3 information obtained by the person because of a function that
4 the person has, or at any time had, under this Act.
5 Penalty for this subsection: imprisonment for 12 months.
6 (2) Subsection (1) does not apply to the recording, use or disclosure
7 of information --
8 (a) for the purpose of performing a function under this Act;
9 or
10 (b) as required or allowed under this Act or another written
11 law; or
12 (c) under an order of a court or other person or body acting
13 judicially; or
14 (d) for the purpose of a proceeding under Part 5 or another
15 proceeding before a court or other person or body acting
16 judicially; or
17 (e) for the purpose of the investigation of a suspected
18 offence or the conduct of proceedings against a person
19 for an offence; or
20 (f) with the written consent of --
21 (i) the person to whom the information relates; or
22 (ii) an executor or administrator of the estate of that
23 person.
24 (3) Subsection (1) does not apply to the recording, use or disclosure
25 of statistical or other information that is not personal
26 information.
27 107. Publication of personal information concerning proceeding
28 before Tribunal
29 (1) In this section --
30 information about a proceeding means information about --
31 (a) a proceeding before the Tribunal under Part 5; or
page 75
Voluntary Assisted Dying Bill 2019
Part 6 Offences
s. 108
1 (b) a decision or order (however described) of the Tribunal
2 in a proceeding under that Part;
3 publish means to disseminate to the public or a section of the
4 public by any means, including the following --
5 (a) in a newspaper or periodical publication;
6 (b) by radio broadcast, television, a website, an online
7 facility or other electronic means.
8 (2) A person must not publish information about a proceeding in a
9 form that discloses personal information about any of the
10 following --
11 (a) a party to the proceeding;
12 (b) a person who has appeared before the Tribunal in the
13 proceeding;
14 (c) the coordinating practitioner for the patient if the
15 coordinating practitioner is not a party to the
16 proceeding;
17 (d) the consulting practitioner for the patient if the
18 consulting practitioner is not a party to the proceeding;
19 (e) a former coordinating practitioner or consulting
20 practitioner for the patient if the person is not a party to
21 the proceeding;
22 (f) if the role of administering practitioner for the patient
23 has been transferred under section 63(2), a person to
24 whom the role has been transferred.
25 Penalty for this subsection: imprisonment for 12 months.
26 108. Failure to give form to Board
27 A person who contravenes a provision of this Act listed in the
28 Table commits an offence.
29 Penalty: a fine of $10 000.
page 76
Voluntary Assisted Dying Bill 2019
Offences Part 6
s. 108
1 Table
s. 29(2) s. 33(1)
s. 40(2) s. 46
s. 50(1) s. 51(4)
s. 57(3)(c) s. 60(1)(b)
s. 61(4) s. 63(3)(c)
s. 66(4) s. 74(3)
s. 76(3) s. 78(3)
s. 82(2) s. 82(5)
s. 157(4)(c)
page 77
Voluntary Assisted Dying Bill 2019
Part 7 Enforcement
s. 109
1 Part 7 -- Enforcement
2 109. Application of Medicines and Poisons Act 2014 Part 7
3 (1) The provisions of the Medicines and Poisons Act 2014 Part 7
4 Divisions 1 to 5 (the applied provisions) apply, for the purposes
5 of the enforcement of this Act, with the modifications set out in
6 subsections (2) to (7) and any other necessary modifications.
7 (2) References in the applied provisions to "this Act" are to be read
8 as references to this Act.
9 (3) References in the applied provisions to "the CEO" are to be read
10 as references to the CEO as defined in section 5 of this Act.
11 (4) Section 94 is to be read as if "or the Medicines and Poisons
12 Act 2014" were inserted after "the Misuse of Drugs Act 1981".
13 (5) Section 95(1) is to be read as if section 95(1)(c) were deleted.
14 (6) Section 101 is to be read as if section 101(1)(a) and (2) were
15 deleted.
16 (7) Section 103 is to be read as if section 103(2) and (3) were
17 replaced by the following provision --
18
19 (2) An investigator who enters a place under
20 section 102(1) is entitled under this section to seize any
21 patient records or data relating to a patient.
22
23 (8) Any definition in the Medicines and Poisons Act 2014 of a term
24 used in the applied provisions also applies for the purposes of
25 the application of those provisions under subsection (1).
26 110. Court to notify CEO of conviction of offence under Act
27 If a court convicts a person of an offence under this Act, the
28 registrar of the court must notify the CEO of the conviction and
29 the penalty imposed.
page 78
Voluntary Assisted Dying Bill 2019
Enforcement Part 7
s. 111
1 111. Who may commence proceedings for simple offence
2 A prosecution for a simple offence under this Act can only be
3 commenced by the CEO or by a person authorised by the CEO
4 to do so.
5 112. Time limit for prosecution of simple offence
6 (1) A prosecution for a simple offence under this Act must be
7 commenced within 2 years after the day on which the offence is
8 alleged to have been committed.
9 (2) However, if a prosecution notice alleging an offence specifies
10 the day on which evidence of the alleged offence first came to
11 the attention of a person authorised under section 111 to
12 commence the prosecution --
13 (a) the prosecution may be commenced within 2 years after
14 that day; and
15 (b) the prosecution notice need not contain particulars of the
16 day on which the offence is alleged to have been
17 committed.
18 (3) The day on which evidence first came to the attention of a
19 person authorised under section 111 to commence a prosecution
20 is, in the absence of evidence to the contrary, the day specified
21 in the prosecution notice.
page 79
Voluntary Assisted Dying Bill 2019
Part 8 Protection from liability
s. 113
1 Part 8 -- Protection from liability
2 113. Protection for persons assisting access to voluntary assisted
3 dying or present when substance administered
4 A person does not incur any criminal liability if the person --
5 (a) in good faith, assists another person to request access to,
6 or access, voluntary assisted dying in accordance with
7 this Act; or
8 (b) is present when another person self-administers or is
9 administered a prescribed substance in accordance with
10 this Act.
11 114. Protection for persons acting in accordance with Act
12 (1) This section applies if a person, in good faith and with
13 reasonable care and skill, does a thing --
14 (a) in accordance with this Act; or
15 (b) believing on reasonable grounds that the thing is done in
16 accordance with this Act.
17 (2) The person does not incur any civil liability, or any criminal
18 liability under this Act, for doing the thing.
19 (3) The doing of the thing is not to be regarded as --
20 (a) a breach of professional ethics or standards or any
21 principles of conduct applicable to the person's
22 employment; or
23 (b) professional misconduct or unprofessional conduct.
24 (4) In this section, a reference to the doing of a thing includes a
25 reference to an omission to do a thing.
page 80
Voluntary Assisted Dying Bill 2019
Protection from liability Part 8
s. 115
1 115. Protection for certain persons who do not administer
2 lifesaving treatment
3 (1) In this section --
4 ambulance officer means a person employed or engaged
5 (including on a voluntary basis) by the provider of an
6 ambulance service to provide medical or other assistance to
7 persons in an emergency;
8 lifesaving treatment means lifesaving or life-preserving medical
9 treatment;
10 protected person means --
11 (a) a registered health practitioner; or
12 (b) an ambulance officer; or
13 (c) a person (other than a person referred to in paragraph (a)
14 or (b)) who has a duty to administer lifesaving treatment
15 to another person.
16 (2) This section applies if a protected person, in good faith, does not
17 administer lifesaving treatment to another person in
18 circumstances where --
19 (a) the other person has not requested the administration of
20 lifesaving treatment; and
21 (b) the protected person believes on reasonable grounds that
22 the other person is dying after self-administering or
23 being administered a prescribed substance in accordance
24 with this Act.
25 (3) The protected person does not incur any civil liability or
26 criminal liability for not administering the lifesaving treatment.
27 (4) The non-administration of the lifesaving treatment is not to be
28 regarded as --
29 (a) a breach of professional ethics or standards or any
30 principles of conduct applicable to the protected
31 person's employment; or
32 (b) professional misconduct or unprofessional conduct.
page 81
Voluntary Assisted Dying Bill 2019
Part 9 Voluntary Assisted Dying Board
Division 1 Establishment
s. 116
1 Part 9 -- Voluntary Assisted Dying Board
2 Division 1 -- Establishment
3 116. Board established
4 A body called the Voluntary Assisted Dying Board is
5 established.
6 117. Status
7 The Board is an agent of the Crown and has the status,
8 immunities and privileges of the Crown.
9 Division 2 -- Functions and powers
10 118. Functions of Board
11 The Board has the following functions --
12 (a) to monitor the operation of this Act;
13 (b) to provide to the Minister or the CEO, on its own
14 initiative or on request, advice, information and reports
15 on matters relating to the operation of this Act, including
16 any recommendations for the improvement of voluntary
17 assisted dying;
18 (c) to refer to any of the following persons or bodies any
19 matter identified by the Board in relation to voluntary
20 assisted dying that is relevant to the functions of the
21 person or body --
22 (i) the person holding or acting in the office of
23 Commissioner of Police under the Police
24 Act 1892;
25 (ii) the Registrar of Births, Deaths and Marriages
26 referred to in the Births, Deaths and Marriages
27 Registration Act 1998 section 5;
28 (iii) the State Coroner appointed under the Coroners
29 Act 1996 section 6;
page 82
Voluntary Assisted Dying Bill 2019
Voluntary Assisted Dying Board Part 9
Functions and powers Division 2
s. 119
1 (iv) the CEO;
2 (v) the chief executive officer of the department of
3 the Public Service principally assisting in the
4 administration of the Prisons Act 1981;
5 (vi) the Australian Health Practitioner Regulation
6 Agency established by the Health Practitioner
7 Regulation National Law (Western Australia)
8 section 23;
9 (vii) the Director of the Health and Disability Services
10 Complaints Office appointed under the Health
11 and Disability Services (Complaints) Act 1995
12 section 7(1);
13 (d) to conduct analysis of, and research in relation to,
14 information given to the Board under this Act;
15 (e) to collect, use and disclose information given to the
16 Board under this Act for the purposes of performing its
17 functions;
18 (f) any other function given to the Board under this Act.
19 119. Powers of Board
20 The Board has all the powers it needs to perform its functions.
21 120. Delegation by Board
22 (1) The Board may delegate any power or duty of the Board under
23 another provision of this Act to a member or to a committee
24 established under section 145.
25 (2) The delegation must be in writing executed by the Board.
26 (3) A person or committee to whom or which a power or duty is
27 delegated under this section cannot delegate the power or duty.
28 (4) A person or committee exercising or performing a power or
29 duty that has been delegated to the person or committee under
30 this section is taken to do so in accordance with the terms of the
31 delegation unless the contrary is shown.
page 83
Voluntary Assisted Dying Bill 2019
Part 9 Voluntary Assisted Dying Board
Division 3 Staff and assistance
s. 121
1 (5) Nothing in this section limits the ability of the Board to perform
2 a function through a member of staff provided to the Board
3 under section 121 or an agent of the Board.
4 Division 3 -- Staff and assistance
5 121. Staff and services
6 The CEO must ensure that the Board is provided with the staff,
7 services and facilities, and other resources and support, that are
8 reasonably necessary to enable it to perform its functions.
9 122. Assistance
10 (1) The Board, with the approval of the Minister, may co-opt any
11 person with special knowledge or skills to assist the Board in a
12 particular matter.
13 (2) A person who has been co-opted to assist the Board may attend
14 meetings of the Board and participate in its deliberations but
15 cannot vote at a meeting of the Board.
16 Division 4 -- Accountability
17 123. Minister may give directions
18 (1) The Minister may give written directions to the Board with
19 respect to the performance of its functions, and the Board must
20 give effect to any such direction.
21 (2) However, a direction under subsection (1) cannot be about the
22 performance of a function in relation to a particular person or
23 matter.
24 124. Minister to have access to information
25 (1) In this section --
26 document includes any tape, disk or other device or medium on
27 which information is recorded or stored;
page 84
Voluntary Assisted Dying Bill 2019
Voluntary Assisted Dying Board Part 9
Membership Division 5
s. 125
1 information means information specified, or of a description
2 specified, by the Minister that relates to the functions of the
3 Board.
4 (2) The Minister is entitled --
5 (a) to have information in the possession of the Board; and
6 (b) if the information is in or on a document, to have, and
7 make and retain copies of, that document.
8 (3) However, the Minister is not entitled to have personal
9 information about a person unless the person has consented to
10 the disclosure of the information.
11 (4) For the purposes of subsection (2), the Minister may --
12 (a) request the Board to give information to the Minister;
13 and
14 (b) request the Board to give the Minister access to
15 information; and
16 (c) for the purposes of paragraph (b), make use of staff
17 provided to the Board under section 121 to obtain the
18 information and give it to the Minister.
19 (5) The Board must comply with a request under subsection (4) and
20 make staff and facilities available to the Minister for the
21 purposes of subsection (4)(c).
22 Division 5 -- Membership
23 125. Membership of Board
24 The Board consists of 5 members appointed by the Minister.
25 126. Chairperson and deputy chairperson
26 (1) The Minister must designate one member to be the chairperson
27 of the Board and another member to be the deputy chairperson
28 of the Board.
page 85
Voluntary Assisted Dying Bill 2019
Part 9 Voluntary Assisted Dying Board
Division 5 Membership
s. 127
1 (2) If the chairperson is unable to act because of illness, absence or
2 other cause or if there is no chairperson, the deputy chairperson
3 must act in the chairperson's place.
4 (3) An act or omission of the deputy chairperson acting in the
5 chairperson's place cannot be questioned on the ground that the
6 occasion to act in the chairperson's place had not arisen or had
7 ceased.
8 127. Term of office
9 (1) A member holds office for the term, not exceeding 3 years, that
10 is specified in the member's instrument of appointment.
11 (2) A member is eligible for reappointment.
12 128. Casual vacancies
13 (1) In this section --
14 misconduct includes conduct that renders the member unfit to
15 hold office as a member even though the conduct does not relate
16 to a duty of the office.
17 (2) The office of a member becomes vacant if the member --
18 (a) dies, resigns or is removed from office under this
19 section; or
20 (b) is, according to the Interpretation Act 1984 section 13D,
21 a bankrupt or a person whose affairs are under
22 insolvency laws; or
23 (c) is convicted of an offence punishable by imprisonment
24 for more than 12 months; or
25 (d) is convicted of an offence under section 140.
26 (3) A member may at any time resign from office by written notice
27 given to the Minister.
28 (4) The Minister may remove a member from office on the grounds
29 of --
30 (a) neglect of duty; or
page 86
Voluntary Assisted Dying Bill 2019
Voluntary Assisted Dying Board Part 9
Membership Division 5
s. 129
1 (b) misconduct or incompetence; or
2 (c) mental or physical incapacity, other than temporary
3 illness, impairing the performance of the member's
4 duties; or
5 (d) absence, without leave, from 3 consecutive meetings of
6 the Board of which the member has had notice.
7 129. Extension of term of office during vacancy
8 (1) If the office of a member becomes vacant because the member's
9 term of office expires by effluxion of time, the member
10 continues to be a member during that vacancy until the day on
11 which the vacancy is filled (whether by reappointment of the
12 member or appointment of a successor to the member).
13 (2) Subsection (1) ceases to apply if the member resigns or is
14 removed from office under section 128.
15 (3) The maximum period for which a member continues to be a
16 member under this section after the member's term of office
17 expires is 3 months.
18 130. Alternate members
19 (1) If a member other than the chairperson is unable to act because
20 of illness, absence or other cause, the Minister may appoint
21 another person as an alternate member to act temporarily in the
22 member's place.
23 (2) If the deputy chairperson is acting in the chairperson's place, the
24 Minister may appoint another person as an alternate member to
25 act temporarily in the deputy chairperson's place.
26 (3) While acting in accordance with their appointment an alternate
27 member is taken to be, and to have any entitlement of, a
28 member.
29 (4) An act or omission of an alternate member cannot be questioned
30 on the ground that the occasion for the appointment or acting
31 had not arisen or had ceased.
page 87
Voluntary Assisted Dying Bill 2019
Part 9 Voluntary Assisted Dying Board
Division 6 Board meetings
s. 131
1 131. Remuneration of members
2 A member is entitled to be paid any remuneration and
3 allowances that the Minister may from time to time determine
4 on the recommendation of the Public Sector Commissioner.
5 Division 6 -- Board meetings
6 132. Holding meetings
7 (1) The first meeting of the Board must be convened by the
8 chairperson, and subsequent meetings must be held at times and
9 places determined by the Board.
10 (2) A special meeting of the Board may at any time be convened by
11 the chairperson.
12 133. Quorum
13 A quorum for a meeting of the Board is 3 members of the
14 Board.
15 134. Presiding member
16 (1) The chairperson, if present, must preside at a meeting of the
17 Board.
18 (2) If neither the chairperson, nor the deputy chairperson acting in
19 the chairperson's place, is presiding under subsection (1), the
20 members present at the meeting must elect one of their number
21 to preside.
22 135. Procedure at meetings
23 The Board must determine its own meeting procedures to the
24 extent that they are not fixed by this Act.
25 136. Voting
26 (1) At a meeting of the Board each member present has a
27 deliberative vote unless section 141 prevents the member from
28 voting.
page 88
Voluntary Assisted Dying Bill 2019
Voluntary Assisted Dying Board Part 9
Disclosure of interests Division 7
s. 137
1 (2) In the case of an equality of votes, the member presiding has a
2 casting vote in addition to a deliberative vote.
3 (3) A question is resolved by a majority of the votes cast.
4 137. Holding meetings remotely
5 The presence of a person at a meeting of the Board need not be
6 by attendance in person but may be by that person and each
7 other person at the meeting being simultaneously in contact by
8 telephone or other means of instantaneous communication.
9 138. Resolution without meeting
10 A resolution in writing signed or otherwise assented to in
11 writing by each member has the same effect as if it had been
12 passed at a meeting of the Board.
13 139. Minutes
14 The Board must cause accurate minutes to be kept of the
15 proceedings at each of its meetings.
16 Division 7 -- Disclosure of interests
17 140. Disclosure of material personal interest
18 (1) A member who has a material personal interest in a matter being
19 considered or about to be considered by the Board must, as soon
20 as practicable after the relevant facts have come to the
21 member's knowledge, disclose the nature of the interest at a
22 meeting of the Board.
23 Penalty for this subsection: a fine of $10 000.
24 (2) A disclosure under subsection (1) must be recorded in the
25 minutes of the meeting.
page 89
Voluntary Assisted Dying Bill 2019
Part 9 Voluntary Assisted Dying Board
Division 7 Disclosure of interests
s. 141
1 141. Voting by interested member
2 (1) A member who has a material personal interest in a matter that
3 is being considered by the Board --
4 (a) must not vote, whether at a meeting or otherwise, on the
5 matter; and
6 (b) must not be present while the matter is being considered
7 at a meeting.
8 (2) A reference in subsection (1) to a matter includes a reference to
9 a proposed resolution under section 142 in respect of the matter,
10 whether relating to that member or a different member.
11 142. Section 141 may be declared inapplicable
12 Section 141 does not apply if --
13 (a) a member has disclosed under section 140 an interest in
14 a matter; and
15 (b) the Board has at any time passed a resolution that --
16 (i) specifies the member, the interest and the matter;
17 and
18 (ii) states that the members voting for the resolution
19 are satisfied that the interest is so trivial or
20 insignificant as to be unlikely to influence the
21 disclosing member's conduct and should not
22 disqualify the member from considering or
23 voting on the matter.
24 143. Quorum where s. 141 applies
25 (1) Despite section 133, if a member is disqualified under
26 section 141 in relation to a matter, a quorum is present during
27 the consideration of the matter if 2 members of the Board who
28 are entitled to vote on any motion that may be moved at the
29 meeting in relation to the matter are present.
30 (2) The Minister may deal with a matter to the extent that the Board
31 cannot deal with it because of subsection (1).
page 90
Voluntary Assisted Dying Bill 2019
Voluntary Assisted Dying Board Part 9
Committees Division 8
s. 144
1 144. Minister may declare s. 141 and 143 inapplicable
2 (1) The Minister may in writing declare that section 141 or 143 or
3 both of them do not apply in relation to a specified matter either
4 generally or in voting on particular resolutions.
5 (2) The Minister must cause a copy of a declaration made under
6 subsection (1) to be laid before each House of Parliament within
7 14 sitting days of the House after the declaration is made.
8 Division 8 -- Committees
9 145. Establishment of committees
10 (1) The Board may establish committees to assist it in the
11 performance of its functions.
12 (2) The Board may discharge, alter or reconstitute a committee.
13 (3) The Board may --
14 (a) determine the functions, membership and constitution of
15 a committee; and
16 (b) appoint any members of the Board or other persons as it
17 thinks fit to be members of a committee.
18 146. Directions to committee
19 (1) The Board may give directions to a committee with respect to
20 its functions and procedures.
21 (2) A committee must comply with a direction given to it by the
22 Board.
23 147. Committee to determine own procedures
24 Subject to any directions of the Board and the terms of any
25 delegation under section 120, a committee may determine its
26 own procedures.
page 91
Voluntary Assisted Dying Bill 2019
Part 9 Voluntary Assisted Dying Board
Division 9 Information
s. 148
1 148. Remuneration of committee members
2 A member of a committee is entitled to be paid any
3 remuneration and allowances that the Minister may from time to
4 time determine on the recommendation of the Public Sector
5 Commissioner.
6 Division 9 -- Information
7 149. Board to send information to contact person for patient
8 The Board must, within 2 business days after receiving a copy
9 of a contact person appointment form for a patient under
10 section 60(1)(b)(ii) or 66(4), send information to the contact
11 person for the patient that --
12 (a) explains the requirements under section 105 to give the
13 prescribed substance, or any unused or remaining
14 prescribed substance, to an authorised disposer; and
15 (b) outlines the support services available to assist the
16 contact person to comply with the requirements referred
17 to in paragraph (a).
18 150. Request for information
19 (1) The Board may request any person (including the contact person
20 for a patient) to give information to the Board to assist it in
21 performing any of its functions.
22 (2) A person may comply with a request under subsection (1)
23 despite any enactment that prohibits or restricts the disclosure of
24 the information.
25 151. Disclosure of information
26 The Board may, on request, disclose information (other than
27 personal information) obtained in the performance of its
28 functions to --
29 (a) a public authority as defined in the Health Services
30 Act 2016 section 6; or
page 92
Voluntary Assisted Dying Bill 2019
Voluntary Assisted Dying Board Part 9
Miscellaneous Division 10
s. 152
1 (b) a person or body for the purposes of education or
2 research.
3 152. Board to record and retain statistical information
4 (1) The Board must record and retain statistical information about
5 the following matters relating to voluntary assisted dying --
6 (a) the disease, illness or medical condition of a patient that
7 met the requirements of section 16(1)(c) (whether or not
8 the patient made a final request);
9 (b) if a patient has died after self-administering or being
10 administered a voluntary assisted dying substance in
11 accordance with this Act, the age of the patient on the
12 day the patient died;
13 (c) participation in the request and assessment process, and
14 access to voluntary assisted dying, by patients who are
15 regional residents;
16 (d) a matter specified in a direction under subsection (2).
17 (2) The Minister may give a written direction to the Board requiring
18 it --
19 (a) to record and retain statistical information about a matter
20 relating to voluntary assisted dying specified in the
21 direction; and
22 (b) to include that statistical information in its report under
23 section 155(1).
24 (3) The Board must give effect to a direction under subsection (2).
25 Division 10 -- Miscellaneous
26 153. Board to notify receipt of forms
27 (1) The Board must, as soon as practicable after receiving a form or
28 a copy of a form from a person under this Act, notify the person
29 that it has been received.
page 93
Voluntary Assisted Dying Bill 2019
Part 9 Voluntary Assisted Dying Board
Division 10 Miscellaneous
s. 154
1 (2) The Board must, as soon as practicable after receiving a copy of
2 an authorised disposal form or practitioner disposal form, give a
3 copy of that form to the CEO.
4 154. Execution of documents by Board
5 (1) A document is duly executed by the Board if it is signed on
6 behalf of the Board by 2 members authorised to do so under
7 subsection (2).
8 (2) The Board may authorise any of its members to sign documents
9 on behalf of the Board, either generally or subject to the
10 conditions that are specified in the authorisation.
11 (3) A document purporting to be executed in accordance with this
12 section is to be presumed to be duly executed until the contrary
13 is shown.
14 155. Annual report
15 (1) The Board must, within 6 months after the end of each financial
16 year, prepare and give to the Minister a report on the operation
17 of this Act during that financial year.
18 (2) The report must include --
19 (a) any recommendations that the Board considers
20 appropriate in relation to voluntary assisted dying; and
21 (b) any information that the Board considers relevant to the
22 performance of its functions; and
23 (c) the number of any referrals made by the Board under
24 section 118(c); and
25 (d) the text of any direction given to the Board under
26 section 123(1) or 152(2); and
27 (e) details of any disclosure under section 140(1) that
28 relates to a matter dealt with in the report and of any
29 resolution under section 142 in respect of the disclosure;
30 and
page 94
Voluntary Assisted Dying Bill 2019
Voluntary Assisted Dying Board Part 9
Miscellaneous Division 10
s. 155
1 (f) statistical information that the Board is directed under
2 section 152(2) to include in the report; and
3 (g) information about the extent to which regional residents
4 had access to voluntary assisted dying, including
5 statistical information recorded and retained under
6 section 152(1)(c), and having regard to the access
7 standard under section 156.
8 (3) The report must not include --
9 (a) personal information about a patient, medical
10 practitioner or other person who has participated in the
11 request and assessment process or the process for
12 accessing voluntary assisted dying under Part 4; or
13 (b) information that would prejudice --
14 (i) any criminal investigation or criminal
15 proceeding; or
16 (ii) any civil proceeding; or
17 (iii) any proceeding in the Coroner's Court of
18 Western Australia.
19 (4) The Minister must cause a copy of the report to be laid before
20 each House of Parliament within 6 sitting days of the House
21 after the day on which the Minister receives the report.
page 95
Voluntary Assisted Dying Bill 2019
Part 10 Access standard
s. 156
1 Part 10 -- Access standard
2 156. Standard about access to voluntary assisted dying
3 (1) The CEO must issue a standard (the access standard) setting
4 out how the State intends to facilitate access to voluntary
5 assisted dying for persons ordinarily resident in Western
6 Australia, including how the State intends to facilitate those
7 persons' access to --
8 (a) the services of medical practitioners and other persons
9 who carry out functions under this Act; and
10 (b) prescribed substances; and
11 (c) information about accessing voluntary assisted dying.
12 (2) The access standard must specifically set out how the State
13 intends to facilitate access to voluntary assisted dying for
14 regional residents.
15 (3) The CEO may modify or replace the access standard.
16 (4) The CEO must publish the access standard on the Department's
17 website.
page 96
Voluntary Assisted Dying Bill 2019
General Part 11
s. 157
1 Part 11 -- General
2 157. Transfer of coordinating practitioner's role
3 (1) The coordinating practitioner for a patient (the original
4 practitioner) may transfer the role of coordinating practitioner
5 to the consulting practitioner for the patient if --
6 (a) the consulting practitioner has assessed the patient as
7 eligible for access to voluntary assisted dying; and
8 (b) the consulting practitioner accepts the transfer of the
9 role.
10 (2) The transfer of the role can be --
11 (a) at the request of the patient; or
12 (b) on the original practitioner's own initiative.
13 (3) Within 2 business days after being requested by the original
14 practitioner to accept a transfer under subsection (1), the
15 consulting practitioner must inform the original practitioner
16 whether the consulting practitioner accepts or refuses the
17 transfer of the role.
18 (4) If the consulting practitioner accepts the transfer of the role, the
19 original practitioner must --
20 (a) inform the patient of the transfer; and
21 (b) record the transfer in the patient's medical record; and
22 (c) within 2 business days after the acceptance of the
23 transfer, complete the approved form (the coordinating
24 practitioner transfer form) and give a copy of it to the
25 Board.
26 (5) The coordinating practitioner transfer form must include the
27 following --
28 (a) the name, date of birth and contact details of the patient;
29 (b) the name and contact details of the original practitioner;
page 97
Voluntary Assisted Dying Bill 2019
Part 11 General
s. 158
1 (c) the name and contact details of the consulting
2 practitioner;
3 (d) the date when the consulting practitioner accepted the
4 transfer;
5 (e) the date when the patient was informed of the transfer;
6 (f) the signature of the original practitioner and the date
7 when the form was signed.
8 (6) If the consulting practitioner refuses the transfer of the role, the
9 original practitioner may --
10 (a) refer the patient to another medical practitioner for a
11 further consulting assessment; and
12 (b) transfer the role of coordinating practitioner to that
13 medical practitioner if the practitioner --
14 (i) accepts the referral for a further consulting
15 assessment; and
16 (ii) assesses the patient as eligible for access to
17 voluntary assisted dying; and
18 (iii) accepts the transfer of the role.
19 (7) On acceptance of the referral for a further consulting
20 assessment, the consulting assessment that previously assessed
21 the patient as eligible for access to voluntary assisted dying
22 becomes void.
23 158. Communication between patient and practitioner
24 (1) In this section --
25 audiovisual communication means a method of electronic
26 communication that is designed to allow people to see and hear
27 each other simultaneously.
28 (2) If it is not practicable for a patient to make a first request, final
29 request or administration decision in person --
30 (a) the patient may make the request or decision using
31 audiovisual communication; and
page 98
Voluntary Assisted Dying Bill 2019
General Part 11
s. 159
1 (b) the medical practitioner who receives the request or is
2 being informed of the decision may give the patient
3 advice or information in relation to the request or
4 decision using audiovisual communication.
5 (3) Except as provided in subsection (2)(b), a medical practitioner
6 or other registered health practitioner may give advice or
7 information to, or otherwise communicate with, a person for the
8 purposes of this Act using any method of communication
9 (including electronic communication) that the practitioner
10 considers appropriate.
11 (4) However, subsections (2) and (3) do not authorise the use of a
12 method of communication if, or to the extent that, the use is
13 contrary to or inconsistent with a law of the Commonwealth.
14 159. Information about voluntary assisted dying
15 (1) In this section --
16 authorised official means --
17 (a) the CEO; or
18 (b) a public service officer employed in the Department; or
19 (c) a person designated as an authorised official under
20 subsection (2).
21 (2) The CEO may, in writing, designate persons, or persons in a
22 class, as authorised officials for the purposes of this section.
23 (3) An authorised official may make information about voluntary
24 assisted dying publicly available.
25 (4) Information may be made available under this section using any
26 method of communication (including electronic
27 communication) that the authorised official considers
28 appropriate.
29 (5) However, subsection (4) does not authorise the use of a method
30 of communication if, or to the extent that, the use is contrary to
31 or inconsistent with a law of the Commonwealth.
page 99
Voluntary Assisted Dying Bill 2019
Part 11 General
s. 160
1 160. CEO may approve training
2 The CEO may approve training relating to the following
3 matters --
4 (a) the operation of this Act in relation to medical
5 practitioners and nurse practitioners, including the
6 functions of coordinating practitioners, consulting
7 practitioners and administering practitioners;
8 (b) assessing whether or not a patient meets the eligibility
9 criteria;
10 (c) identifying and assessing risk factors for abuse or
11 coercion;
12 (d) other matters relating to the operation of this Act.
13 161. CEO may approve forms
14 The CEO may approve forms for use under this Act.
15 162. Interpreters
16 (1) In this section --
17 health facility means any of the following --
18 (a) a hospital as defined in the Health Services Act 2016
19 section 8;
20 (b) a private psychiatric hostel as defined in the Private
21 Hospitals and Health Services Act 1927 section 2(1);
22 (c) premises where residential care, as defined in the Aged
23 Care Act 1997 (Commonwealth) section 41-3, is
24 provided;
25 (d) premises, other than a private residence, where
26 accommodation and personal care or nursing care, or
27 both, are provided to a person with a disability;
28 interpreter, for a patient, means an interpreter who assists a
29 patient in relation to --
30 (a) the request and assessment process; or
page 100
Voluntary Assisted Dying Bill 2019
General Part 11
s. 163
1 (b) the process for accessing voluntary assisted dying under
2 Part 4; or
3 (c) a proceeding under Part 5.
4 (2) An interpreter for a patient --
5 (a) must be accredited by a body approved by the CEO; and
6 (b) must not --
7 (i) be a family member of the patient; or
8 (ii) know or believe that they are a beneficiary under
9 a will of the patient or that they may otherwise
10 benefit financially or in any other material way
11 from the death of the patient; or
12 (iii) be an owner of, or be responsible for the
13 day-to-day management and operation of, any
14 health facility at which the patient is being
15 treated or resides; or
16 (iv) be a person who is directly involved in providing
17 health services or professional care services to
18 the patient.
19 163. Regulations
20 The Governor may make regulations prescribing matters
21 necessary or convenient to be prescribed for giving effect to this
22 Act.
23 164. Review of Act
24 (1) The Minister must review the operation and effectiveness of this
25 Act, and prepare a report based on the review --
26 (a) as soon as practicable after the 2nd anniversary of the
27 day on which this section comes into operation; and
28 (b) after that, at intervals of not more than 5 years.
page 101
Voluntary Assisted Dying Bill 2019
Part 11 General
s. 164
1 (2) The Minister must cause the report to be laid before each House
2 of Parliament as soon as practicable after it is prepared, but not
3 later than 12 months after the 2nd anniversary or the expiry of
4 the period of 5 years, as the case may be.
page 102
Voluntary Assisted Dying Bill 2019
Consequential amendments to other Acts Part 12
Constitution Acts Amendment Act 1899 amended Division 1
s. 165
1 Part 12 -- Consequential amendments to other Acts
2 Division 1 -- Constitution Acts Amendment Act 1899 amended
3 165. Act amended
4 This Division amends the Constitution Acts Amendment
5 Act 1899.
6 166. Schedule V amended
7 In Schedule V Part 3 before the item relating to the Waste
8 Authority insert:
9
10 The Voluntary Assisted Dying Board established by the Voluntary
11 Assisted Dying Act 2019.
12
13 Division 2 -- Coroners Act 1996 amended
14 167. Act amended
15 This Division amends the Coroners Act 1996.
16 168. Section 3A inserted
17 After section 3 insert:
18
19 3A. Death under Voluntary Assisted Dying Act 2019 not
20 reportable death
21 (1) Despite the definition of reportable death in section 3,
22 a Western Australian death of a person who has
23 self-administered, or has been administered, a
24 voluntary assisted dying substance in accordance with
25 the Voluntary Assisted Dying Act 2019 is not a
26 reportable death for the purposes of this Act.
page 103
Voluntary Assisted Dying Bill 2019
Part 12 Consequential amendments to other Acts
Division 3 Guardianship and Administration Act 1990 amended
s. 169
1 (2) Subsection (1) does not apply to a Western Australian
2 death of a person who immediately before death was a
3 person held in care.
4
5 Division 3 -- Guardianship and Administration
6 Act 1990 amended
7 169. Act amended
8 This Division amends the Guardianship and Administration
9 Act 1990.
10 170. Section 3B inserted
11 At the end of Part 1 insert:
12
13 3B. Act does not authorise decisions about voluntary
14 assisted dying
15 Nothing in this Act authorises the making of a
16 treatment decision, whether in an advance health
17 directive or otherwise, in relation to voluntary assisted
18 dying as defined in the Voluntary Assisted Dying
19 Act 2019 section 5.
20
21 Division 4 -- Health and Disability Services (Complaints)
22 Act 1995 amended
23 171. Act amended
24 This Division amends the Health and Disability Services
25 (Complaints) Act 1995.
page 104
Voluntary Assisted Dying Bill 2019
Consequential amendments to other Acts Part 12
Medicines and Poisons Act 2014 amended Division 5
s. 172
1 172. Section 3 amended
2 In section 3 in the definition of health service paragraph (b)
3 delete "including palliative health care; and" and insert:
4
5 including --
6 (i) palliative health care; and
7 (ii) voluntary assisted dying as defined in
8 the Voluntary Assisted Dying Act 2019
9 section 5;
10 and
11
12 Division 5 -- Medicines and Poisons Act 2014 amended
13 173. Act amended
14 This Division amends the Medicines and Poisons Act 2014.
15 174. Section 3 amended
16 (1) In section 3 insert in alphabetical order:
17
18 voluntary assisted dying substance means a
19 Schedule 4 or 8 poison that is a voluntary assisted
20 dying substance as defined in the Voluntary Assisted
21 Dying Act 2019 section 7(2).
22
23 (2) In section 3 in the definition of veterinary surgeon delete
24 "1960." and insert:
25
26 1960;
27
page 105
Voluntary Assisted Dying Bill 2019
Part 12 Consequential amendments to other Acts
Division 5 Medicines and Poisons Act 2014 amended
s. 175
1 175. Section 7 amended
2 (1) In section 7(1) delete the definition of prescriber and insert:
3
4 prescriber means --
5 (a) in relation to a Schedule 4 or 8 poison (other
6 than a voluntary assisted dying substance
7 prescribed for the purposes of the Voluntary
8 Assisted Dying Act 2019) -- an authorised
9 health professional who has authority to
10 prescribe the poison; or
11 (b) in relation to a voluntary assisted dying
12 substance prescribed for the purposes of the
13 Voluntary Assisted Dying Act 2019 -- a person
14 who is authorised by that Act to prescribe the
15 substance;
16
17 (2) In section 7(1) in the definition of prescription:
18 (a) delete paragraph (a) and insert:
19
20 (a) sets out particulars of the poison, or a substance
21 that contains the poison, that is --
22 (i) to be used by, or administered to, a
23 person named in the document for
24 therapeutic purposes or for the purposes
25 of the Voluntary Assisted Dying
26 Act 2019; or
27 (ii) to be administered to an animal
28 described in the document for
29 therapeutic purposes;
30 and
31
page 106
Voluntary Assisted Dying Bill 2019
Consequential amendments to other Acts Part 12
Medicines and Poisons Act 2014 amended Division 5
s. 176
1 (b) delete paragraph (c) and insert:
2
3 (c) complies with --
4 (i) any requirements prescribed by the
5 regulations; or
6 (ii) if the poison is a voluntary assisted
7 dying substance that is to be used or
8 administered for the purposes of the
9 Voluntary Assisted Dying Act 2019, any
10 requirements under that Act or
11 prescribed by the regulations to the
12 extent they are consistent with that Act.
13
14 (3) In section 7(3):
15 (a) in paragraph (b)(i)(I) delete "a person -- " and insert:
16
17 a person or for the use of, or administration to, a person
18 under the Voluntary Assisted Dying Act 2019 --
19
20 (b) in paragraph (b)(ii) after "obtain" insert:
21
22 or receive
23
24 176. Section 14 amended
25 (1) In section 14(1) delete the passage that begins with "unless" and
26 ends with "in accordance with the regulations." and insert:
27
28 unless subsection (1A) is complied with.
29
page 107
Voluntary Assisted Dying Bill 2019
Part 12 Consequential amendments to other Acts
Division 5 Medicines and Poisons Act 2014 amended
s. 176
1 (2) After section 14(1) insert:
2
3 (1A) This subsection is complied with --
4 (a) in the case of the manufacture of a Schedule 4
5 or 8 poison, if the person who manufactures the
6 poison does so --
7 (i) under and in accordance with an
8 appropriate licence or a professional
9 authority; and
10 (ii) in accordance with the regulations;
11 or
12 (b) in the case of the supply of a Schedule 4 or 8
13 poison (other than the supply of a voluntary
14 assisted dying substance for the purposes of the
15 Voluntary Assisted Dying Act 2019), if the
16 person who supplies the poison does so --
17 (i) under and in accordance with an
18 appropriate licence or a professional
19 authority; and
20 (ii) in accordance with the regulations;
21 or
22 (c) in the case of the supply of a voluntary assisted
23 dying substance for the purposes of the
24 Voluntary Assisted Dying Act 2019, if --
25 (i) the person who supplies the substance is
26 authorised by that Act to supply it; and
27 (ii) the supply is in accordance with that
28 Act.
29
page 108
Voluntary Assisted Dying Bill 2019
Consequential amendments to other Acts Part 12
Medicines and Poisons Act 2014 amended Division 5
s. 176
1 (3) In section 14(3) delete the passage that begins with "unless -- "
2 and ends with "in accordance with the regulations." and insert:
3
4 unless subsection (3A) is complied with.
5
6 (4) After section 14(3) insert:
7
8 (3A) This subsection is complied with --
9 (a) in the case of the prescription of a Schedule 4
10 or 8 poison (other than the prescription of a
11 voluntary assisted dying substance for the
12 purposes of the Voluntary Assisted Dying
13 Act 2019), if --
14 (i) the person who prescribes the poison is
15 a health professional who is authorised
16 under section 25 to prescribe the poison;
17 and
18 (ii) the prescription is in accordance with
19 the regulations;
20 or
21 (b) in the case of the prescription of a voluntary
22 assisted dying substance for the purposes of the
23 Voluntary Assisted Dying Act 2019, if --
24 (i) the person who prescribes the substance
25 is authorised by that Act to prescribe the
26 substance; and
27 (ii) the prescription is in accordance with
28 that Act and the regulations to the extent
29 they are consistent with that Act.
30
page 109
Voluntary Assisted Dying Bill 2019
Part 12 Consequential amendments to other Acts
Division 5 Medicines and Poisons Act 2014 amended
s. 177
1 (5) In section 14(4)(i) after "1981" insert:
2
3 or the Voluntary Assisted Dying Act 2019
4
5 177. Section 28 amended
6 After section 28(1)(a)(ii) insert:
7
8 (iia) the Voluntary Assisted Dying Act 2019;
9
10 178. Section 83 amended
11 After section 83(2) insert:
12
13 (3) Regulations referred to in subsection (1) cannot make
14 provision in relation to the supply or prescription, for
15 the purposes of the Voluntary Assisted Dying Act 2019,
16 of a drug of addiction that is a voluntary assisted dying
17 substance.
18
19 179. Section 115 amended
20 In section 115(1)(a):
21 (a) in subparagraph (iii) delete "substance," and insert:
22
23 substance; or
24
25 (b) after subparagraph (iii) insert:
26
27 (iv) a voluntary assisted dying substance
28 prescribed, supplied, possessed or used
29 for the purposes of the Voluntary
30 Assisted Dying Act 2019,
31
page 110
Voluntary Assisted Dying Bill 2019
Consequential amendments to other Acts Part 12
Misuse of Drugs Act 1981 amended Division 6
s. 180
1 Division 6 -- Misuse of Drugs Act 1981 amended
2 180. Act amended
3 This Division amends the Misuse of Drugs Act 1981.
4 181. Section 5C inserted
5 At the end of Part I insert:
6
7 5C. Authorisation under Voluntary Assisted Dying
8 Act 2019
9 (1) For the purposes of this Act, a person is authorised
10 under the Voluntary Assisted Dying Act 2019 to
11 prepare, sell or supply a prohibited drug if --
12 (a) the person is authorised by section 58, 59, 63
13 or 67 of that Act to prepare or supply the drug;
14 and
15 (b) the preparation or supply is in accordance with
16 that Act.
17 (2) For the purposes of this Act, a person is authorised
18 under the Voluntary Assisted Dying Act 2019 to
19 possess a prohibited drug if --
20 (a) the person is authorised by section 58, 59, 63,
21 67, 75 or 77 of that Act to receive or possess
22 the drug; and
23 (b) the receipt or possession is in accordance with
24 that Act.
25 (3) For the purposes of this Act, a person is authorised
26 under the Voluntary Assisted Dying Act 2019 to use a
27 prohibited drug if --
28 (a) the person is authorised by section 58 or 59 of
29 that Act to prepare, self-administer or
30 administer the drug; and
page 111
Voluntary Assisted Dying Bill 2019
Part 12 Consequential amendments to other Acts
Division 6 Misuse of Drugs Act 1981 amended
s. 182
1 (b) the preparation, self-administration or
2 administration is in accordance with that Act.
3
4 182. Section 5 amended
5 In section 5(3):
6 (a) after paragraph (a) insert:
7
8 (aa) that the preparation, sale or supply of the drug
9 was by a person authorised under the Voluntary
10 Assisted Dying Act 2019 to prepare, sell or
11 supply the drug; or
12
13 (b) in paragraph (b) delete "Act or the Medicines and
14 Poisons Act 2014" and insert:
15
16 Act, the Medicines and Poisons Act 2014 or the
17 Voluntary Assisted Dying Act 2019
18
19 183. Section 6 amended
20 (1) In section 6(3)(a) and (b) delete "Act or the Medicines and
21 Poisons Act 2014" and insert:
22
23 Act, the Medicines and Poisons Act 2014 or the Voluntary
24 Assisted Dying Act 2019
25
26 (2) In section 6(4) and (5) delete "Act or the Medicines and Poisons
27 Act 2014." and insert:
28
29 Act, the Medicines and Poisons Act 2014 or the Voluntary
30 Assisted Dying Act 2019.
31
page 112
Voluntary Assisted Dying Bill 2019
Consequential amendments to other Acts Part 12
Misuse of Drugs Act 1981 amended Division 6
s. 184
1 184. Section 7 amended
2 In section 7(3)(a) and (b) delete "Act or the Medicines and
3 Poisons Act 2014" and insert:
4
5 Act, the Medicines and Poisons Act 2014 or the Voluntary
6 Assisted Dying Act 2019
7
8 185. Section 7B amended
9 In section 7B(7)(a) and (b)(i) delete "Act or the Medicines and
10 Poisons Act 2014" and insert:
11
12 Act, the Medicines and Poisons Act 2014 or the Voluntary
13 Assisted Dying Act 2019
14
15 186. Section 27 amended
16 In section 27(1):
17 (a) in paragraph (a)(ii) delete "Act or under the Medicines
18 and Poisons Act 2014" and insert:
19
20 Act, the Medicines and Poisons Act 2014 or the
21 Voluntary Assisted Dying Act 2019
22
23 (b) in paragraph (b) delete "Act or by or under the
24 Medicines and Poisons Act 2014" and insert:
25
26 Act, the Medicines and Poisons Act 2014 or the
27 Voluntary Assisted Dying Act 2019
28
29
page 113
Voluntary Assisted Dying Bill 2019
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
administering practitioner .....................................................................................5
administering practitioner transfer form ........................................................ 63(3)
administration .......................................................................................................5
administration decision .........................................................................................5
administration decision and prescription form ............................................... 60(1)
ambulance officer ........................................................................................ 115(1)
applied provisions ........................................................................................ 109(1)
approved form .......................................................................................................5
approved training ..................................................................................................5
audiovisual communication ......................................................................... 158(1)
authorised disposal form ............................................................................ 5, 76(1)
authorised disposer .................................................................................... 5, 79(4)
authorised health professional ........................................................................ 80(1)
authorised official ........................................................................................ 159(1)
authorised supplier ..................................................................................... 5, 79(2)
authorised supply form .................................................................................. 74(1)
Board.....................................................................................................................5
business day ..........................................................................................................5
cause of death certificate ................................................................................ 82(1)
CEO ......................................................................................................................5
completed .......................................................................................................... 5, 8
consultation referral form .............................................................................. 33(1)
consulting assessment ...........................................................................................5
consulting assessment report form ............................................................. 5, 40(2)
consulting practitioner ..........................................................................................5
contact details .......................................................................................................5
contact person .......................................................................................................5
contact person appointment form ............................................................... 5, 66(1)
coordinating practitioner .......................................................................................5
coordinating practitioner transfer form ........................................................ 157(4)
decision-making capacity............................................................................. 5, 6(2)
Department............................................................................................................5
designated period ........................................................................................... 48(1)
disability ...............................................................................................................5
document...................................................................................................... 124(1)
eligibility criteria ...................................................................................................5
eligible applicant ................................................................................................. 83
family member ......................................................................................................5
final request...........................................................................................................5
final request form ........................................................................................... 50(1)
page 114
Voluntary Assisted Dying Bill 2019
Defined terms
final review ...........................................................................................................5
final review form ....................................................................................... 5, 51(1)
first assessment .....................................................................................................5
first assessment report form ....................................................................... 5, 29(2)
first request ...........................................................................................................5
first request form ............................................................................................ 22(1)
general registration ........................................................................................ 17(1)
health care worker .......................................................................................... 10(1)
health facility ............................................................................................... 162(1)
health service ........................................................................................................5
ineligible witness ........................................................................................... 44(1)
information................................................................................................... 124(1)
information about a proceeding ................................................................... 107(1)
interpreter ..................................................................................................... 162(1)
judicial member ............................................................................................. 92(1)
lifesaving treatment ...................................................................................... 115(1)
limited registration ......................................................................................... 17(1)
medical practitioner ..............................................................................................5
medication chart ............................................................................................. 70(1)
medicine ................................................................................................................5
member .................................................................................................................5
metropolitan region ...............................................................................................5
misconduct ................................................................................................... 128(1)
new practitioner ............................................................................................. 63(3)
non-judicial member ...................................................................................... 92(1)
nurse practitioner ..................................................................................................5
original practitioner ........................................................................... 63(1), 157(1)
palliative care and treatment .................................................................................5
party to the proceeding........................................................................................ 83
patient ...................................................................................................................5
personal information .............................................................................................5
practitioner administration decision ........................................................... 5, 56(1)
practitioner administration form ................................................................ 5, 61(3)
practitioner disposal form .......................................................................... 5, 78(1)
prepare ..................................................................................................................5
prescribe ................................................................................................................5
prescribed substance .............................................................................................5
prescription ................................................................................................ 5, 70(3)
professional care services .....................................................................................5
protected person ........................................................................................... 115(1)
provisional registration .................................................................................. 17(1)
public sector employee .................................................................................. 92(1)
publish.......................................................................................................... 107(1)
recipient ......................................................................................................... 72(1)
regional resident ....................................................................................................5
page 115
Voluntary Assisted Dying Bill 2019
Defined terms
registered health practitioner .................................................................................5
request and assessment process.............................................................................5
request for access to voluntary assisted dying ............................................. 100(1)
review application ............................................................................................... 83
reviewed decision ............................................................................................... 83
revocation form .............................................................................................. 57(3)
Schedule 4 poison .......................................................................................... 69(1)
Schedule 8 poison .......................................................................................... 69(1)
self-administration decision ....................................................................... 5, 56(1)
specialist registration ..................................................................................... 17(1)
structured administration and supply arrangement ........................................ 81(1)
supply ....................................................................................................................5
Tribunal .................................................................................................................5
unused or remaining substance ...................................................................... 77(4)
voluntary assisted dying ........................................................................................5
voluntary assisted dying decision .................................................................... 6(1)
voluntary assisted dying substance .............................................................. 5, 7(2)
witness ........................................................................................................... 61(3)
written declaration ................................................................................................5