VOLUNTARY ASSISTED DYING ACT 2019
Table of Provisions
PART 1 -- Preliminary
Division 1 -- Introductory provisions
Division 2 -- Principles
- 4 Principles
Division 3 -- Interpretation
- 5 Terms used
- 6 Decision-making capacity
- 7 Voluntary assisted dying substance
- 8 When request and assessment process completed
Division 4 -- Other provisions
- 9 Registered health practitioner may refuse to participate in voluntary assisted dying
- 10 Health care worker not to initiate discussion about voluntary assisted dying
- 11 Contravention of Act by registered health practitioner
- 12 Voluntary assisted dying not suicide
- 13 Inherent jurisdiction of Supreme Court not affected
- 14 Relationship with Medicines and Poisons Act 2014 and Misuse of Drugs Act 1981
PART 2 -- Requirements for access to voluntary assisted dying
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
Division 2 -- First request
- 18 Person may make first request to medical practitioner
- 19 No obligation to continue after making first request
- 20 Medical practitioner to accept or refuse first request
- 21 Medical practitioner to record first request and acceptance or refusal
- 22 Medical practitioner to notify Board of first request
- 23 Medical practitioner becomes coordinating practitioner if first request accepted
Division 3 -- First assessment
- 24 First assessment
- 25 Coordinating practitioner to have completed approved training
- 26 Referral for determination
- 27 Information to be provided if patient assessed as meeting eligibility criteria
- 28 Outcome of first assessment
- 29 Recording and notification of outcome of first assessment
- 30 Referral for consulting assessment if patient assessed as eligible
Division 4 -- Consulting assessment
- 31 Medical practitioner to accept or refuse referral for consulting assessment
- 32 Medical practitioner to record referral and acceptance or refusal
- 33 Medical practitioner to notify Board of referral
- 34 Medical practitioner becomes consulting practitioner if referral accepted
- 35 Consulting assessment
- 36 Consulting practitioner to have completed approved training
- 37 Referral for determination
- 38 Information to be provided if patient assessed as meeting eligibility criteria
- 39 Outcome of consulting assessment
- 40 Recording and notification of outcome of consulting assessment
- 41 Referral for further consulting assessment if patient assessed as ineligible
Division 5 -- Written declaration
- 42 Patient assessed as eligible may make written declaration
- 43 Witness to signing of written declaration
- 44 Certification of witness to signing of written declaration
- 45 Coordinating practitioner to record written declaration
- 46 Coordinating practitioner to notify Board of written declaration
Division 6 -- Final request and final review
- 47 Patient may make final request to coordinating practitioner
- 48 When final request can be made
- 49 Coordinating practitioner to record final request
- 50 Coordinating practitioner to notify Board of final request
- 51 Final review by coordinating practitioner on receiving final request
- 52 Technical error not to invalidate request and assessment process
- 53 No obligation for patient to continue after completion of request and assessment process
PART 4 -- Accessing voluntary assisted dying and death
Division 1 -- Eligibility requirements for administering practitioners
- 54 Eligibility to act as administering practitioner
Division 2 -- Administration of voluntary assisted dying substance
- 55 Application of Division
- 56 Administration decision
- 57 Revocation of administration decision
- 58 Self-administration
- 59 Practitioner administration
- 60 Coordinating practitioner to notify Board of administration decision and prescription of substance
- 61 Certification by administering practitioner following administration of prescribed substance
- 62 Witness to administration of prescribed substance
- 63 Transfer of administering practitioner’s role
Division 3 -- Contact person
- 64 Application of Division
- 65 Patient to appoint contact person
- 66 Contact person appointment form
- 67 Role of contact person
- 68 Contact person may refuse to continue in role
Division 4 -- Prescribing, supplying and disposing of voluntary assisted dying substance
- 69 Information to be given before prescribing substance
- 70 Prescription for substance
- 71 Authorised supplier to authenticate prescription
- 72 Information to be given when supplying prescribed substance
- 73 Labelling requirements for prescribed substance
- 74 Authorised supplier to record and notify of supply
- 75 Disposal of prescribed substance by authorised disposer
- 76 Authorised disposer to record and notify of disposal
- 77 Disposal of prescribed substance by administering practitioner
- 78 Administering practitioner to record and notify of disposal
Division 5 -- Other matters
- 79 Authorised suppliers and authorised disposers
- 80 Certain directions as to supply or administration prohibited
- 81 Structured administration and supply arrangement not to be issued for substance
- 82 Notification of death
PART 5 -- Review by Tribunal
- 83 Terms used
- 84 Application for review of certain decisions by Tribunal
- 85 Notice of decision and right to have it reviewed
- 86 Consequences of review application
- 87 Review application taken to be withdrawn if patient dies
- 88 Decision of Tribunal
- 89 Effect of decision under s. 88(a), (c) or (e) 90. Effect of decision under s. 88(b), (d) or (f) 91. Coordinating practitioner may refuse to continue in role
- 92 Constitution and membership of Tribunal
- 93 Hearings of Tribunal to be held in private
- 94 Notice requirements
- 95 Coordinating practitioner to give Tribunal relevant material
- 96 Tribunal to give written reasons for decision
- 97 Published decisions or reasons to exclude personal information
- 98 Interim orders
PART 6 -- Offences
- 99 Unauthorised administration of prescribed substance
- 100 Inducing another person to request or access voluntary assisted dying
- 101 Inducing self-administration of prescribed substance
- 102 False or misleading information
- 103 Advertising Schedule 4 or 8 poison as voluntary assisted dying substance
- 104 Cancellation of document presented as prescription
- 105 Contact person to give unused or remaining substance to authorised disposer
- 106 Recording, use or disclosure of information
- 107 Publication of personal information concerning proceeding before Tribunal
- 108 Failure to give form to Board
PART 7 -- Enforcement
- 109 Application of Medicines and Poisons Act 2014 Part
- 110 Court to notify CEO of conviction of offence under Act
- 111 Who may commence proceedings for simple offence
- 112 Time limit for prosecution of simple offence
PART 8 -- Protection from liability
- 113 Protection for persons assisting access to voluntary assisted dying or present when substance administered
- 114 Protection for persons acting in accordance with Act
- 115 Protection for certain persons who do not administer lifesaving treatment
PART 9 -- Voluntary Assisted Dying Board
Division 1 -- Establishment
Division 2 -- Functions and powers
Division 3 -- Staff and assistance
Division 4 -- Accountability
Division 5 -- Membership
- 125 Membership of Board
- 126 Chairperson and deputy chairperson
- 127 Term of office
- 128 Casual vacancies
- 129 Extension of term of office during vacancy
- 130 Alternate members
- 131 Remuneration of members
Division 6 -- Board meetings
- 132 Holding meetings
- 133 Quorum
- 134 Presiding member
- 135 Procedure at meetings
- 136 Voting
- 137 Holding meetings remotely
- 138 Resolution without meeting
- 139 Minutes
Division 7 -- Disclosure of interests
- 140 Disclosure of material personal interest
- 141 Voting by interested member
- 142 Section 141 may be declared inapplicable
- 143 Quorum where s. 141 applies
- 144 Minister may declare s. 141 and 143 inapplicable
Division 8 -- Committees
- 145 Establishment of committees
- 146 Directions to committee
- 147 Committee to determine own procedures
- 148 Remuneration of committee members
Division 9 -- Information
- 149 Board to send information to contact person for patient
- 150 Request for information
- 151 Disclosure of information
- 152 Board to record and retain statistical information
Division 10 -- Miscellaneous
PART 10 -- Access standard
- 156 Standard about access to voluntary assisted dying
PART 11 -- General
- 157 Transfer of coordinating practitioner’s role
- 158 Communication between patient and practitioner
- 159 Information about voluntary assisted dying
- 160 CEO may approve training
- 161 CEO may approve forms
- 162 Interpreters
- 163 Regulations
- 164 Review of Act
PART 12 -- Consequential amendments to other Acts
Division 1 -- Constitution Acts Amendment Act 1899 amended
Division 2 -- Coroners Act 1996 amended
- 167 Act amended
- 168 Section 3A inserted 3A. Death under Voluntary Assisted Dying Act 2019 not reportable death 103
Division 3 -- Guardianship and Administration Act 1990 amended
- 169 Act amended
- 170 Section 3B inserted 3B. Act does not authorise decisions about voluntary assisted dying 104
Division 4 -- Health and Disability Services (Complaints) Act 1995 amended
Division 5 -- Medicines and Poisons Act 2014 amended
- 173 Act amended
- 174 Section 3 amended
- 175 Section 7 amended
- 176 Section 14 amended
- 177 Section 28 amended
- 178 Section 83 amended
- 179 Section 115 amended
Division 6 -- Misuse of Drugs Act 1981 amended
- 180 Act amended
- 181 Section 5C inserted 5C. Authorisation under Voluntary Assisted Dying Act 2019 111
- 182 Section 5 amended
- 183 Section 6 amended
- 184 Section 7 amended
- 185 Section 7B amended
- 186 Section 27 amended Defined terms
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.