Voluntary Assisted Dying Act 2022 (NSW)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
An Act to provide for, and regulate access to, voluntary assisted dying for persons with a terminal illness; to establish the Voluntary Assisted Dying Board; and to make consequential amendments to other Acts.
This Act is the Voluntary Assisted Dying Act 2022.
This Act commences on the day that is 18 months after the date of assent to this Act.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
A person exercising a power or performing a function under this Act must have regard to the following principles—
(a) every human life has equal value,
(b) a person’s autonomy, including autonomy in relation to end of life choices, should be respected,
(c) a person has the right to be supported in making informed decisions about the person’s medical treatment and should be given, in a way the person understands, information about medical treatment options, including comfort and palliative care and treatment,
(d) a person approaching the end of life should be provided with high quality care and treatment, including palliative care and treatment, to minimise the person’s suffering and maximise the person’s quality of life,
(e) a therapeutic relationship between a person and the person’s health practitioner should, wherever possible, be supported and maintained,
(f) a person should be encouraged to openly discuss death and dying, and the person’s preferences and values regarding the person’s care, treatment and end of life should be encouraged and promoted,
(g) a person should be supported in conversations with the person’s health practitioners, family, carers and community about care and treatment preferences,
(h) a person is entitled to genuine choices about the person’s care, treatment and end of life, irrespective of where the person lives in New South Wales and having regard to the person’s culture and language,
(i) a person who is a regional resident is entitled to the same level of access to voluntary assisted dying and high quality care and treatment, including palliative care and treatment, as a person who lives in a metropolitan region,
(j) there is a need to protect persons who may be subject to pressure or duress,
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(k) all persons, including health practitioners, have the right to be shown respect for their culture, religion, beliefs, values and personal characteristics.
In subsection (1), the reference to a person exercising a function under this Act includes the Supreme Court exercising its jurisdiction in relation to a decision made under this Act.
The Dictionary in Schedule 1 defines words and expressions used in this Act.
The Interpretation Act 1987 also contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of this Act, a patient has
(a) understand information or advice about a voluntary assisted dying decision required under this Act to be provided to the patient, and
(b) remember the information or advice referred to in paragraph (a) to the extent necessary to make a voluntary assisted dying decision, and
(c) understand the matters involved in a voluntary assisted dying decision, and
(d) understand the effect of a voluntary assisted dying decision, and
(e) weigh up the factors referred to in paragraphs (a), (c) and (d) for the purposes of making a voluntary assisted dying decision, and
(f) communicate a voluntary assisted dying decision in some way.
For the purposes of this Act, a patient is—
(a) presumed to have the capacity to understand information or advice about voluntary assisted dying if it reasonably appears the patient is able to understand an explanation of the consequences of making the decision, and
(b) presumed to have decision-making capacity in relation to voluntary assisted dying unless the patient is shown not to have the capacity.
In this section—
(a) a request for access to voluntary assisted dying, or
(b) a decision to access voluntary assisted dying.
The Health Secretary may, in writing, approve a Schedule 4 poison or Schedule 8 poison for use under this Act for the purpose of causing a patient’s death.
A poison approved under subsection (1) is a
The Health Secretary must keep a list of voluntary assisted dying substances.
For the purposes of this Act, the request and assessment process has been
(a) has completed the final review form in relation to the patient, and
(b) has certified in the final review form that the request and assessment process has been completed in accordance with this Act.
A registered health practitioner who has a conscientious objection to voluntary assisted dying has the right to refuse to do any of the following—
(a) participate in the request and assessment process,
(b) prescribe, supply or administer a voluntary assisted dying substance,
(c) be present at the time of the administration of a voluntary assisted dying substance.
Subsection (1) does not limit the circumstances in which a registered health practitioner may refuse to do any of the things referred to in the subsection.
A health care worker who provides health services or professional care services to a person must not, while providing the services to the person—
(a) initiate a discussion with the person that is in substance about voluntary assisted dying, or
(b) in substance, suggest voluntary assisted dying to the person.
A contravention of this Act is capable of constituting unsatisfactory professional conduct or professional misconduct for the purposes of the Health Practitioner Regulation National Law, whether or not the contravention constitutes an offence.
Subsection (1) does not apply to a medical practitioner who initiates a discussion or makes a suggestion referred to in subsection (1)(a) or (b) if, at the time the discussion is initiated or the suggestion is made, the medical practitioner also informs the person about the following—
(a) the treatment options available to the person that would be considered standard care for the disease, illness or medical condition with which the person has been diagnosed,
(b) the likely outcomes of the treatment options available to the person,
(c) the palliative care and treatment options available to the person,
(d) the likely outcomes of the palliative care and treatment options.
Also, subsection (1) does not apply to a health care worker, other than a medical practitioner, who initiates a discussion or makes a suggestion referred to in subsection (1)(a) or (b) if, at the time the discussion is initiated or the suggestion is made, the health care worker also informs the person that the person—
(a) has palliative care and treatment options available, and
(b) should discuss the palliative care and treatment options with the person’s medical practitioner.
To avoid doubt, subsection (1) does not apply to a health care worker who provides information about voluntary assisted dying to a person at the person’s request.
In this section—
(a) a registered health practitioner, or
(b) another person who provides health services or professional care services.
A contravention of a provision of this Act by a registered health practitioner is capable of constituting unsatisfactory professional conduct or professional misconduct for the purposes of the Health Practitioner Regulation National Law.
Subsection (1) applies whether or not the contravention constitutes an offence under this Act.
For the purposes of the law of the State, a person who dies as the result of the administration of a prescribed substance in accordance with this Act does not die by suicide.
Voluntary assisted dying action does not—
(a) constitute an attempt by the person to cause serious physical harm to the person for the purposes of the Mental Health Act 2007, section 22, or
(b) otherwise provide a ground for a police officer to take action under that section.
In this section—
(a) a request for access to voluntary assisted dying,
(b) a self-administration decision or a practitioner administration decision,
(c) self-administration by a person of a prescribed substance,
(d) asking an administering practitioner to administer a prescribed substance.
Nothing in this Act affects the inherent jurisdiction of the Supreme Court.
If there is an inconsistency between a provision of this Act and a provision of the Poisons and Therapeutic Goods Act 1966 or the Drug Misuse and Trafficking Act 1985, the provision of this Act prevails to the extent of the conflict or inconsistency.
A person may access voluntary assisted dying if—
(a) the person has made a first request, and
(b) the person has been assessed as eligible for access to voluntary assisted dying by—
(i) the person’s coordinating practitioner, and
(ii) the person’s consulting practitioner, and
(c) the person has made a written declaration, and
(d) the person has made a final request to the person’s coordinating practitioner, and
(e) the person’s coordinating practitioner has certified in a final review form that—
(i) the request and assessment process has been completed in accordance with this Act, and
(ii) the practitioner is satisfied of each of the matters referred to in section 52(3)(f), and
(f) the person has made an administration decision, and
(g) if the person has made a self-administration decision—the person has appointed a contact person, and
(h) a voluntary assisted dying substance authority has been issued by the Board in relation to the person.
The following criteria must be met for a person to be eligible for access to voluntary assisted dying—
(a) the person is an adult,
(b) the person—
(i) is an Australian citizen, or
(ii) is a permanent resident of Australia, or
(iii) at the time of making a first request, has been resident in Australia for at least 3 continuous years,
(c) at the time of making a first request, the person has been ordinarily resident in New South Wales for a period of at least 12 months,
(d) the person is diagnosed with at least 1 disease, illness or medical condition that—
(i) is advanced, progressive and will cause death, and
(ii) will, on the balance of probabilities, cause death—
(A) for a disease, illness or medical condition that is neurodegenerative—within a period of 12 months, or
Note— See subsection (2)(b) which provides that a person is not eligible for access to voluntary assisted dying merely because the person has dementia.
(B) otherwise—within a period of 6 months, and
(iii) is causing suffering to the person that cannot be relieved in a way the person considers tolerable,
(e) the person has decision-making capacity in relation to voluntary assisted dying,
(f) the person is acting voluntarily,
(g) the person is not acting because of pressure or duress,
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(h) the person’s request for access to voluntary assisted dying is enduring.
A person is not eligible for access to voluntary assisted dying merely because the person has—
(a) a disability, or
(b) dementia, or
(c) a mental health impairment within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
To avoid doubt, if a person permanently loses decision-making capacity in relation to voluntary assisted dying at any time during the request and assessment process the person ceases to be eligible for access to voluntary assisted dying under subsection (1)(e).
For subsection (3)—
A person may apply to the Board for an exemption from the requirement in section 16(1)(c).
The Board must grant the exemption if satisfied—
(a) the person has a substantial connection to New South Wales, and
Examples— a person who is a long-term resident of a place close to the New South Wales border and who works in New South Wales or receives medical treatment in New South Wales
a person who has family members who reside in New South Wales and who has moved to New South Wales to be closer to the family members for care and support as a result of the person’s terminal illness
a person who resides outside New South Wales but who is a former resident of New South Wales and whose family resides in New South Wales
(b) there are compassionate grounds for granting the exemption.
A medical practitioner is eligible to act as a coordinating practitioner or consulting practitioner for a patient if—
(a) the medical practitioner—
(i) holds specialist registration, or
(ii) holds general registration and has practised the medical profession for at least 10 years as the holder of general registration, and
(b) the medical practitioner has completed the approved training, and
(c) the medical practitioner meets other requirements prescribed by the regulations for the purposes of this section, and
(d) the medical practitioner is not a family member of the patient, and
(e) the medical practitioner does not know or believe that the practitioner—
(i) is a beneficiary under a will of the patient, or
(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services as the coordinating practitioner or consulting practitioner for the patient.
A person may make a request to a medical practitioner for access to voluntary assisted dying.
The request must be—
(a) clear and unambiguous, and
(b) made during a medical consultation, and
(c) made in person or, if that is not practicable, in accordance with section 176(1)(a).
The person may make the request—
(a) verbally, or
(b) in another way.
Example for paragraph (b)— by use of gestures
The person may make the request with the assistance of an interpreter.
A person who makes a first request may decide at any time not to continue the request and assessment process.
The request and assessment process ends if the person decides not to continue the process.
If the request and assessment process ends under subsection (2), the person may begin a new request and assessment process by making a new first request.
If a first request is made to a medical practitioner, the practitioner must decide to—
(a) accept the request, or
(b) refuse the request.
The only reasons for which the medical practitioner may decide to refuse the first request are that—
(a) the practitioner has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a coordinating practitioner, or
(b) the practitioner is unable to perform the duties of a coordinating practitioner because of unavailability or another reason, or
(c) the practitioner is required to refuse the request under subsection (3).
The medical practitioner must immediately decide to refuse the first request if the practitioner is not eligible to act as a coordinating practitioner at the time the first request is made.
Unless subsection (5) applies, the medical practitioner must, within 2 business days after the first request is made—
(a) inform the patient that the practitioner has decided to accept or refuse the request, and
(b) give the patient the information approved by the Health Secretary, by Gazette notice, for the purposes of this section.
If the medical practitioner decides to refuse the first request because the practitioner has a conscientious objection to voluntary assisted dying, the practitioner must, immediately after the first request is made, inform the patient the practitioner has decided to refuse the request.
The medical practitioner must record the following in the patient’s medical record—
(a) the first request,
(b) the practitioner’s decision to accept or refuse the first request,
Note— See section 21(2), which provides the only reasons for which a medical practitioner may refuse a first request.
(c) if the practitioner’s decision is to refuse the first request—the reason for the refusal,
(d) whether the practitioner has given the patient the information referred to in section 21(4)(b) and (5).
Within 5 business days after deciding to accept or refuse the first request, the medical practitioner must—
(a) complete the approved form (the
first request form ), and(b) give a copy of the first request form to the Board.
The first request form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the medical practitioner’s name and contact details,
(c) the date the first request was made,
(d) whether the first request was made in person or using audiovisual communication,
(e) whether the first request was made verbally or in another way,
(f) if the patient was assisted by an interpreter to make the first request—the interpreter’s name, contact details and accreditation details,
(g) the medical practitioner’s decision to accept or refuse the first request,
(h) if the medical practitioner’s decision is to refuse the first request—the reason for the refusal,
(i) the date the medical practitioner informed the patient of the practitioner’s decision and gave the patient the information referred to in section 21(4)(b) or (5),
(j) the medical practitioner’s signature and the date the form was signed.
If the medical practitioner accepts the first request, the practitioner becomes the coordinating practitioner for the patient.
The coordinating practitioner for a patient must assess whether the patient is eligible for access to voluntary assisted dying.
For the purposes of subsection (1), the coordinating practitioner must make a decision in relation to each of the eligibility criteria.
Nothing in this section prevents the coordinating practitioner from having regard to relevant information about the patient that has been prepared by, or at the instigation of, another registered health practitioner.
This section applies if the coordinating practitioner is unable to decide whether the patient has a disease, illness or medical condition that meets the requirements of section 16(1)(d).
The coordinating practitioner must refer the patient to a medical practitioner who has appropriate skills and training to make a decision about the matter.
See section 181(2)(a) about guidelines that apply to the referral.
The medical practitioner must—
(a) decide whether the patient has a disease, illness or medical condition that—
(i) is advanced, progressive and will cause death, and
(ii) will, on the balance of probabilities, cause death—
(A) for a disease, illness or medical condition that is neurodegenerative—within a period of 12 months, or
(B) otherwise—within a period of 6 months, and
(iii) is causing suffering to the person that cannot be relieved in a way the person considers tolerable, and
(b) provide a clinical report to the coordinating practitioner that sets out the medical practitioner’s decision.
If the coordinating practitioner makes a referral under this section, the coordinating practitioner may adopt the decision of the medical practitioner about the matter in relation to which the referral was made.
A medical practitioner to whom the patient is referred under this section must not be—
(a) a family member of the patient, or
(b) a person who knows or believes that they—
(i) are a beneficiary under a will of the patient, or
(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.
This section applies if the coordinating practitioner is unable to decide whether—
(a) as required by section 16(1)(e), the patient has decision-making capacity in relation to voluntary assisted dying, or
Example— due to a past or current mental illness of the patient
(b) as required by section 16(1)(f), the patient is acting voluntarily, or
(c) as required by section 16(1)(g), the patient is not acting because of pressure or duress.
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.
The coordinating practitioner must refer the patient to—
(a) if the coordinating practitioner is unable to decide whether the patient has decision-making capacity in relation to voluntary assisted dying—a psychiatrist or another registered health practitioner who has appropriate skills and training to make a decision about the matter, or
(b) if the coordinating practitioner is unable to decide whether the patient is or is not acting voluntarily or whether the patient is or is not acting because of pressure or duress—a psychiatrist or another registered health practitioner or person who has appropriate skills and training to make a decision about the matter.
See section 181(2)(b) about guidelines that apply to the referral.
If the coordinating practitioner makes a referral under this section, the coordinating practitioner may adopt the decision of the psychiatrist, other registered health practitioner or other person about the matter in relation to which the referral was made.
A psychiatrist, registered health practitioner or other person to whom the patient is referred under this section must not be—
(a) a family member of the patient, or
(b) a person who knows or believes that they—
(i) are a beneficiary under a will of the patient, or
(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.
If the coordinating practitioner is satisfied the patient meets all of the eligibility criteria, the coordinating practitioner must inform the patient about the following matters—
(a) the patient’s diagnosis and prognosis,
(b) the treatment options available to the patient that would be considered standard care for the disease, illness or medical condition with which the patient has been diagnosed and the likely outcomes of treatment,
(c) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,
(d) the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing the patient’s death,
(e) that the expected outcome of self-administering or being administered a substance referred to in paragraph (d) is death,
(f) the method by which a substance referred to in paragraph (d) is likely to be self-administered or administered,
(g) the request and assessment process, including the requirement for a written declaration signed by the patient, or a person on the patient’s behalf, in the presence of 2 witnesses,
(h) that if the patient makes a self-administration decision, the patient must appoint a contact person,
(i) that the patient may decide at any time not to continue the request and assessment process or not to access voluntary assisted dying,
(j) it is unlawful for a person to apply pressure or duress on the patient to request voluntary assisted dying or to continue the request and assessment process,
Note— See the Crimes Act 1900, section 41C for the relevant offence
(k) that if the patient is receiving ongoing health services from a medical practitioner (the
treating practitioner ) other than the coordinating practitioner—(i) the patient is encouraged to inform the treating practitioner about the patient’s request for access to voluntary assisted dying, and
(ii) it is unlawful for the treating practitioner to withdraw other services the practitioner would usually provide to the patient or the patient’s family and other close contacts because of the patient’s request for access to voluntary assisted dying, and
(iii) if the treating practitioner withdraws services mentioned in subparagraph (ii)—the matter should be the subject of a complaint to the Health Care Complaints Commission under the Health Care Complaints Act 1993,
(l) that if the patient is a resident of a residential facility, whether permanently or not, the patient should inform the residential facility manager about the patient’s request for access to voluntary assisted dying.
For the purposes of subsection (1)(d), if the access standard includes information about the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing the patient’s death, the information must be given in accordance with the access standard.
See section 174(3), which provides that the access standard may include information about the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing a patient’s death.
The withdrawal of services by a medical practitioner in circumstances mentioned in subsection (1)(k)(ii) may be unsatisfactory professional conduct for the purposes of the Health Practitioner Regulation National Law.
In addition to informing the patient about the matters referred to in subsection (1), the coordinating practitioner must take all reasonable steps to fully explain to the patient and, if the patient consents, another person nominated by the patient—
(a) all relevant clinical guidelines, and
(b) a plan in relation to the administration of a voluntary assisted dying substance.
Nothing in this section affects a duty a medical practitioner has—
(a) at common law, or
(b) under another Act or other law.
The coordinating practitioner must assess the patient as eligible for access to voluntary assisted dying if the coordinating practitioner is satisfied—
(a) the patient meets all of the eligibility criteria, and
(b) the patient understands the information required to be provided under section 28(1).
If the coordinating practitioner is not satisfied about a matter in subsection (1)—
(a) the coordinating practitioner must assess the patient as ineligible for access to voluntary assisted dying, and
(b) the request and assessment process ends.
See sections 26 and 27, which provide that the coordinating practitioner may, in certain circumstances, refer a patient to another registered health practitioner or another person if the coordinating practitioner is unable to make a decision about eligibility for access to voluntary assisted dying.
The coordinating practitioner must inform the patient of the outcome of the first assessment as soon as practicable after its completion.
Within 5 business days after completing the first assessment, the coordinating practitioner must—
(a) complete the approved form (the
first assessment report form ), and(b) give a copy of the first assessment report form to the Board.
Maximum penalty—100 penalty units.
As soon as practicable after completing the first assessment report form, the coordinating practitioner must give a copy of the form to the patient.
The first assessment report form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the following information about the patient—
(i) gender,
(ii) nationality,
(iii) ethnicity,
(iv) whether the patient has a disability and, if so, details of the disability,
(v) whether the patient’s first language is a language other than English,
(vi) whether the coordinating practitioner engaged an interpreter in accordance with section 176(2) to communicate the information in section 28(1) and (4) to the patient,
(c) the coordinating practitioner’s name and contact details,
(d) a statement confirming the coordinating practitioner meets the requirements of section 18,
(e) the date the first request was made,
(f) the date the first assessment was completed,
(g) the outcome of the first assessment, including the coordinating practitioner’s decision about each of the eligibility criteria,
(h) the date the patient was informed of the outcome of the first assessment,
(i) if the patient was referred under section 26(2) or 27(2)—the outcome of the referral, including a copy of a report given by the registered health practitioner or other person to whom the patient was referred,
(j) if the patient was assisted by an interpreter when having the first assessment—the interpreter’s name, contact details and accreditation details,
(k) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,
(l) a statement confirming the patient has been advised of the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,
(m) a statement confirming the patient has been advised it is unlawful for a person to apply pressure or duress on the patient to request voluntary assisted dying or to continue the request and assessment process,
Note— See the Crimes Act 1900, section 41C for the relevant offence
(n) a statement confirming the coordinating practitioner has asked the patient whether the patient has experienced pressure or duress to request access to voluntary assisted dying from a person who is a beneficiary under the patient’s will or may otherwise benefit financially or in another material way from the patient’s death,
(o) a statement confirming the coordinating practitioner has acted in accordance with guidelines under section 181 in relation to the following matters—
(i) deciding whether to refer the patient to a specialist under section 26,
(ii) deciding whether to refer the patient to a psychiatrist, another registered health practitioner or another person under section 27,
(p) a statement confirming the coordinating practitioner has acted in accordance with guidelines under section 181 in determining whether the patient has experienced pressure or duress to request access to voluntary assisted dying,
(q) the coordinating practitioner’s signature and the date the form was signed.
If the coordinating practitioner assesses the patient as eligible for access to voluntary assisted dying, the practitioner must refer the patient to another medical practitioner for a consulting assessment.
If a patient is referred to a medical practitioner for a consulting assessment under section 31, 42 or 175(6)(a), the practitioner must decide to accept or refuse the referral.
The reasons for which the medical practitioner may decide to refuse the referral are that—
(a) the practitioner has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a consulting practitioner, or
(b) the practitioner is unable to perform the duties of a consulting practitioner because of unavailability or some other reason, or
(c) the practitioner is required to refuse the referral under subsection (3).
The medical practitioner must decide to refuse the referral if the practitioner is not eligible to act as a consulting practitioner.
Unless subsection (5) applies, the medical practitioner must, within 2 business days after receiving the referral, inform the patient and the patient’s coordinating practitioner that the practitioner has decided to—
(a) accept the referral, or
(b) refuse the referral.
If the medical practitioner decides to refuse the referral because the practitioner has a conscientious objection to voluntary assisted dying, the practitioner must, immediately after receiving the referral, inform the patient and the patient’s coordinating practitioner that the practitioner has decided to refuse the referral.
The medical practitioner must record the following in the patient’s medical record—
(a) the referral,
(b) the practitioner’s decision to accept or refuse the referral,
(c) if the practitioner’s decision is to refuse the referral—the reason for the refusal.
Within 5 business days after deciding to accept or refuse the referral, the medical practitioner must—
(a) complete the approved form (the
consultation referral form ), and(b) give a copy of the consultation referral form to the Board.
Maximum penalty—100 penalty units.
The consultation referral form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the medical practitioner’s name and contact details,
(c) the date the referral was received,
(d) the medical practitioner’s decision to accept or refuse the referral,
(e) if the medical practitioner’s decision is to refuse the referral—the reason for the refusal,
(f) the date the medical practitioner informed the patient and the patient’s coordinating practitioner of the medical practitioner’s decision,
(g) the medical practitioner’s signature and the date the form was signed.
If the medical practitioner accepts the referral, the practitioner becomes the consulting practitioner for the patient.
The consulting practitioner for a patient must assess whether the patient is eligible for access to voluntary assisted dying.
For the purposes of subsection (1), the consulting practitioner must—
(a) make a decision about each of the eligibility criteria, and
(b) independently of the coordinating practitioner, form the practitioner’s own opinions on the matters to be decided.
Nothing in this section prevents the consulting practitioner having regard to relevant information about the patient that has been prepared by, or at the instigation of, another registered health practitioner.
This section applies if the consulting practitioner is unable to decide whether the patient has a disease, illness or medical condition that meets the requirements of section 16(1)(d).
The consulting practitioner must refer the patient to a medical practitioner who has appropriate skills and training to make a decision about the matter.
See section 181(2)(a) about guidelines that apply to the referral.
The medical practitioner must—
(a) decide whether the patient has a disease, illness or medical condition that—
(i) is advanced, progressive and will cause death, and
(ii) will, on the balance of probabilities, cause death—
(A) for a disease, illness or medical condition that is neurodegenerative—within a period of 12 months, or
(B) otherwise—within a period of 6 months, and
(iii) is causing suffering to the person that cannot be relieved in a way the person considers tolerable, and
(b) provide a clinical report to the consulting practitioner that sets out the medical practitioner’s decision.
If the consulting practitioner makes a referral under this section, the consulting practitioner may adopt the decision of the medical practitioner about the matter in relation to which the referral was made.
A medical practitioner to whom the patient is referred under this section must not be—
(a) a family member of the patient, or
(b) a person who knows or believes that they—
(i) are a beneficiary under a will of the patient, or
(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.
This section applies if the consulting practitioner is unable to decide whether—
(a) as required by section 16(1)(e), the patient has decision-making capacity in relation to voluntary assisted dying, or
Example— due to a past or current mental illness of the patient
(b) as required by section 16(1)(f), the patient is acting voluntarily, or
(c) as required by section 16(1)(g), the patient is not acting because of pressure or duress.
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.
The consulting practitioner must refer the patient to—
(a) if the consulting practitioner is unable to decide whether the patient has decision-making capacity in relation to voluntary assisted dying—a psychiatrist or another registered health practitioner who has appropriate skills and training to make a decision about the matter, or
(b) if the consulting practitioner is unable to decide whether the patient is or is not acting voluntarily or is or is not acting because of pressure or duress—a psychiatrist or another registered health practitioner or person who has appropriate skills and training to make a decision about the matter.
See section 181(2)(b) about guidelines that apply to the referral.
If the consulting practitioner makes a referral under this section, the consulting practitioner may adopt the decision of the psychiatrist, other registered health practitioner or other person about the matter in relation to which the referral was made.
A psychiatrist, registered health practitioner or other person to whom the patient is referred under this section must not be—
(a) a family member of the patient, or
(b) a person who knows or believes that they—
(i) are a beneficiary under a will of the patient, or
(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.
If the consulting practitioner is satisfied the patient meets all of the eligibility criteria, the consulting practitioner must give the patient information about the matters referred to in section 28(1).
Nothing in this section affects a duty a medical practitioner—
(a) has at common law, or
(b) under another Act or law.
The consulting practitioner must assess the patient as eligible for access to voluntary assisted dying if the consulting practitioner is satisfied—
(a) the patient meets all of the eligibility criteria, and
(b) the patient understands the information required to be given under section 39(1).
If the consulting practitioner is not satisfied about a matter in subsection (1), the consulting practitioner must assess the patient as ineligible for access to voluntary assisted dying.
The consulting practitioner must inform the patient and the patient’s coordinating practitioner of the outcome of the consulting assessment as soon as practicable after its completion.
Within 5 business days after completing the consulting assessment, the consulting practitioner must—
(a) complete the approved form (the
consulting assessment report form ) in relation to the patient, and(b) give a copy of the consulting assessment report form to the Board.
Maximum penalty—100 penalty units.
As soon as practicable after completing the consulting assessment report form, the consulting practitioner must give a copy of the form to the patient.
The consulting assessment report form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the consulting practitioner’s name and contact details,
(c) a statement confirming the consulting practitioner meets the requirements of section 18,
(d) the date the referral for the consulting assessment was made,
(e) the date the referral for the consulting assessment was received,
(f) the date the consulting assessment was completed,
(g) the outcome of the consulting assessment, including the consulting practitioner’s decision about each of the eligibility criteria,
(h) the date the patient was informed of the outcome of the consulting assessment,
(i) the date the patient’s coordinating practitioner was informed of the outcome of the consulting assessment,
(j) if the patient was referred under section 37(2) or 38(2)—the outcome of the referral, including a copy of a report given by the registered health practitioner or other person to whom the patient was referred,
(k) if the patient was assisted by an interpreter when having the consulting assessment—the interpreter’s name, contact details and accreditation details,
(l) the palliative care and treatment options available to the patient and the likely outcomes of the care and treatment,
(m) a statement confirming the patient has been advised it is unlawful for a person to apply pressure or duress on the patient to request voluntary assisted dying or to continue the request and assessment process,
Note— See the Crimes Act 1900, section 41C for the relevant offence
(n) a statement confirming the practitioner has asked the patient whether the patient has experienced pressure or duress to request access to voluntary assisted dying from a person who is a beneficiary under the patient’s will or may otherwise benefit financially or in another material way from the patient’s death,
(o) a statement confirming the consulting practitioner has acted in accordance with guidelines under section 181 in relation to the following matters—
(i) deciding whether to refer the patient to a medical practitioner under section 26,
(ii) deciding whether to refer the patient to a psychiatrist, another registered health practitioner or another person under section 27,
(p) a statement confirming the consulting practitioner has acted in accordance with guidelines under section 181 in determining whether the patient has experienced pressure or duress to request access to voluntary assisted dying,
(q) the consulting practitioner’s signature and the date the form was signed.
The consulting practitioner must give a copy of the consulting assessment report form to the patient’s coordinating practitioner as soon as practicable after completing the consulting assessment.
If the consulting practitioner assesses the patient as ineligible for access to voluntary assisted dying, the patient’s coordinating practitioner may refer the patient to another medical practitioner for a further consulting assessment.
A patient may make a written declaration requesting access to voluntary assisted dying if the patient has been assessed as eligible for access to voluntary assisted dying by—
(a) the patient’s coordinating practitioner, and
(b) the patient’s consulting practitioner.
The written declaration must be—
(a) in the approved form, and
(b) given to the patient’s coordinating practitioner.
The written declaration must—
(a) state that the patient—
(i) makes the declaration voluntarily, and
(ii) does not make the declaration because of pressure or duress, and
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(iii) understands its nature and effect, and
(b) be signed by the patient, or a person referred to in subsection (4), in the presence of 2 witnesses, and
(c) include the following—
(i) the patient’s name, date of birth and contact details,
(ii) if the patient was assisted by an interpreter—the interpreter’s name, contact details and accreditation details,
(iii) the name and contact details of the patient’s coordinating practitioner.
A person may sign the written declaration on behalf of the patient if—
(a) the patient is unable to sign the declaration, and
(b) the patient directs the person to sign the declaration, and
(c) the person—
(i) is an adult, and
(ii) is not a witness to the signing of the declaration, and
(iii) is not the coordinating practitioner or consulting practitioner for the patient making the declaration.
A person who signs the written declaration on behalf of the patient must do so in the patient’s presence.
If the patient makes the written declaration with the assistance of an interpreter, the interpreter must certify on the declaration that the interpreter provided a true and correct translation of any material translated.
For the purposes of section 43(3)(b), a person is eligible to witness the signing of a written declaration if the person—
(a) is an adult, and
(b) is not an ineligible witness.
For the purposes of subsection (1)(b), a person is an ineligible witness if the person—
(a) knows or believes the person—
(i) is a beneficiary under a will of the patient making the declaration, or
(ii) may otherwise benefit financially or in any other material way from the death of the patient making the declaration, or
(b) is a family member of the patient making the declaration, or
(c) is the coordinating practitioner or consulting practitioner for the patient making the declaration, or
(d) is a family member or employee of the coordinating practitioner or consulting practitioner for the patient making the declaration.
A person who witnesses the signing of a written declaration by the patient making the declaration must—
(a) certify in writing in the declaration that, in the presence of the witness, the patient appeared to freely and voluntarily sign the declaration, and
(b) state that the witness is not knowingly an ineligible witness.
A person who witnesses the signing of a written declaration by another person on behalf of the patient making the declaration must—
(a) certify in writing in the declaration that—
(i) in the presence of the witness, the patient appeared to freely and voluntarily direct the other person to sign the declaration, and
(ii) the other person signed the declaration in the presence of the patient and the witness, and
(b) state that the witness is not knowingly an ineligible witness.
In this section—
If a patient gives a written declaration to the patient’s coordinating practitioner, the coordinating practitioner must record the following in the patient’s medical record—
(a) the date the written declaration was made,
(b) the date the written declaration was received by the coordinating practitioner.
Within 5 business days after receiving a written declaration made by a patient, the patient’s coordinating practitioner must give a copy of the declaration to the Board.
Maximum penalty—100 penalty units.
A patient who has made a written declaration may make a final request to the patient’s coordinating practitioner for access to voluntary assisted dying.
The final request must be—
(a) clear and unambiguous, and
(b) made in person or, if that is not practicable, in accordance with section 176(1)(a).
The patient may make the final request—
(a) verbally, or
(b) in another way.
Example for paragraph (b)— by use of gestures
The final request must not be made—
(a) before the end of the designated period, except as provided in subsection (2), and
(b) until after the day on which the consulting assessment that assessed the patient as eligible for access to voluntary assisted dying was completed.
The final request may be made before the end of the designated period if—
(a) in the reasonable opinion of the patient’s coordinating practitioner, the patient is likely to die, or to lose decision-making capacity in relation to voluntary assisted dying, before the end of the designated period, and
(b) the coordinating practitioner’s opinion is consistent with the opinion of the patient’s consulting practitioner.
The patient’s coordinating practitioner must record in the patient’s medical record—
(a) the date the final request was made, and
(b) if the final request was made before the end of the designated period—the reason for the final request being made before the end of the period.
Within 5 business days after receiving a final request made by a patient, the patient’s coordinating practitioner must—
(a) complete the approved form (the
final request form ), and(b) give a copy of the final request form to the Board.
Maximum penalty—100 penalty units.
The final request form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the coordinating practitioner’s name and contact details,
(c) the date the first request was made,
(d) the date the final request was made,
(e) whether the final request was made in person or using audiovisual communication,
(f) whether the final request was made verbally or in another way,
(g) if the patient was assisted by an interpreter when making the final request—the interpreter’s name, contact details and accreditation details,
(h) if the final request was made before the end of the designated period—the reason for the final request being made before the end of the period,
(i) the coordinating practitioner’s signature and the date the form was signed.
On receiving a final request made by a patient, the coordinating practitioner for the patient must—
(a) review all consulting assessment report forms in relation to the patient, and
(b) review the patient’s written declaration, and
(c) complete the approved form (the
final review form ) in relation to the patient.
In conducting the final review, the coordinating practitioner must have regard to a decision made by the Supreme Court under Part 6 in relation to a decision made in the request and assessment process.
The final review form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the coordinating practitioner’s name and contact details,
(c) a statement that the coordinating practitioner has reviewed—
(i) all consulting assessment report forms in relation to the patient, and
(ii) the patient’s written declaration,
(d) a statement certifying whether or not the request and assessment process has been completed in accordance with this Act,
(e) if the patient was assisted by an interpreter—the interpreter’s name, contact details and accreditation details,
(f) a statement certifying whether or not the coordinating practitioner is satisfied that—
(i) the patient has decision-making capacity in relation to voluntary assisted dying, and
(ii) the patient, in requesting access to voluntary assisted dying, is acting voluntarily, and
(iii) the patient, in requesting access to voluntary assisted dying, is not acting because of pressure or duress, and
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(iv) the patient’s request to access voluntary assisted dying is enduring,
(g) the coordinating practitioner’s signature and the date the form was signed.
Within 5 business days after completing the final review form, the coordinating practitioner must give a copy of the form to the Board.
Maximum penalty—100 penalty units.
The validity of the request and assessment process is not affected by—
(a) a minor or technical error in a document under this Act, including, for example—
(i) a final review form, or
(ii) a consulting assessment report form, or
(iii) a patient’s written declaration, or
(iv) a prescription, or
(b) the failure of a person to provide a form within the time required under this Act.
A patient for whom the request and assessment process has been completed may decide at any time not to take any further step in relation to access to voluntary assisted dying.
A person is eligible to act as an administering practitioner for a patient if—
(a) the person is—
(i) a medical practitioner who holds specialist registration, or
(ii) a medical practitioner who holds general registration and has practised the medical profession for at least 5 years, or
(iii) a medical practitioner who is an overseas-trained specialist who holds limited registration or provisional registration, or
(iv) a nurse practitioner, and
(b) the person has completed approved training, and
(c) the person meets other requirements prescribed by the regulations for the purposes of this section, and
(d) the person is not a family member of the patient, and
(e) the person does not know or believe that the person—
(i) is a beneficiary under a will of the patient, or
(ii) may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services as the administering practitioner for the patient.
This Division applies if—
(a) the request and assessment process has been completed in relation to a patient, and
(b) the final review form for the patient certifies that the coordinating practitioner for the patient is satisfied—
(i) the patient has decision-making capacity in relation to voluntary assisted dying, and
(ii) the patient, in requesting access to voluntary assisted dying, is acting voluntarily, and
(iii) the patient, in requesting access to voluntary assisted dying, is not acting because of pressure or duress, and
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(iv) the patient’s request to access voluntary assisted dying is enduring.
The patient may, in consultation with and on the advice of the patient’s coordinating practitioner—
(a) decide to self-administer a voluntary assisted dying substance (a
self-administration decision ), or(b) decide a voluntary assisted dying substance is to be administered to the patient by the administering practitioner for the patient (a
practitioner administration decision ).
An administration decision must be—
(a) clear and unambiguous, and
(b) made in person before the patient’s coordinating practitioner or, if that is not practicable, in accordance with section 176(1)(a).
The patient may make an administration decision—
(a) verbally, or
(b) in another way.
Example for paragraph (b)— by use of gestures
The patient may make the administration decision with the assistance of an interpreter.
If the patient makes an administration decision, the patient’s coordinating practitioner must record the decision in the patient’s medical record.
The patient’s coordinating practitioner must also, within 5 business days after the patient makes an administration decision—
(a) complete the approved form for the administration decision (the
administration decision form ) as required by subsection (7), and(b) give the Board a copy of the administration decision form.
Maximum penalty—100 penalty units.
The administration decision form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the coordinating practitioner’s name and contact details,
(c) the administration decision made by the patient,
(d) the date the administration decision was made,
(e) if the patient was assisted by an interpreter when making the administration decision—the interpreter’s name, contact details and accreditation details,
(f) the coordinating practitioner’s name and the date the form was signed.
The patient may at any time—
(a) revoke a self-administration decision by informing the patient’s coordinating practitioner the patient has decided not to self-administer a voluntary assisted dying substance, or
(b) revoke a practitioner administration decision by informing the patient’s administering practitioner the patient has decided not to proceed with the administration of a voluntary assisted dying substance.
A decision to revoke an administration decision must be clear and unambiguous.
For the purposes of subsection (1), the patient may inform the coordinating practitioner or administering practitioner of the patient’s decision—
(a) in writing, or
(b) verbally, or
(c) in another way.
Example for paragraph (c)— by use of gestures
The patient may inform the coordinating practitioner or administering practitioner of the patient’s decision with the assistance of an interpreter.
If the patient revokes an administration decision under subsection (1), the coordinating practitioner or administering practitioner who is informed of the patient’s decision must—
(a) record the revocation in the patient’s medical record, and
(b) if the practitioner is not the patient’s coordinating practitioner—inform the coordinating practitioner of the revocation, and
(c) within 5 business days after the revocation—
(i) complete the approved form (the
revocation form ), and(ii) give a copy of the revocation form to the Board.
Maximum penalty—100 penalty units.
The revocation form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the name and contact details of the person completing the form,
(c) if the person completing the form is not the patient’s coordinating practitioner—the coordinating practitioner’s name and contact details,
(d) the date the administration decision was revoked,
(e) any reason given by the patient for the revocation of the administration decision,
(f) if the patient was assisted by an interpreter when revoking the administration decision—the interpreter’s name, contact details and accreditation details,
(g) the signature of the person completing the form and the date the form was signed.
The revocation of an administration decision does not prevent the patient from making another administration decision under section 57(1).
This section applies if the patient—
(a) has made a self-administration decision, and
(b) has not revoked the decision.
The coordinating practitioner for the patient is authorised to prescribe a voluntary assisted dying substance for the patient that is of a sufficient dose to cause death.
To avoid doubt, subsection (2) is subject to—
(a) the contact person appointment form having been given to the coordinating practitioner as required by section 67(5), and
(b) the Board having granted a voluntary assisted dying substance authority under section 71 in relation to the patient.
The authorised supplier who is given the prescription for the patient is authorised to—
(a) possess the prescribed substance for the purpose of preparing and supplying the substance to a person referred to in paragraph (c), and
(b) prepare the prescribed substance, and
(c) supply the prescribed substance to the patient, the contact person for the patient or an agent of the patient.
The patient is authorised to—
(a) receive the prescribed substance from an authorised supplier, the contact person for the patient or an agent of the patient, and
(b) possess the prescribed substance for the purpose of preparing and self-administering it, and
(c) prepare the prescribed substance, and
(d) self-administer the prescribed substance.
The contact person for the patient is authorised as set out in section 68(1).
An agent of the patient is authorised to—
(a) receive the prescribed substance from an authorised supplier, and
(b) possess the prescribed substance for the purpose of supplying the substance to the patient, and
(c) prepare the prescribed substance for self-administration by the patient, and
(d) supply the prescribed substance to the patient.
This section applies if the patient—
(a) has made a practitioner administration decision, and
(b) has not revoked the decision.
The coordinating practitioner for the patient is authorised to prescribe a voluntary assisted dying substance for the patient that is of a sufficient dose to cause death.
To avoid doubt, subsection (2) is subject to the Board having granted a voluntary assisted dying substance authority under section 71 in relation to the patient.
The authorised supplier who is given the prescription for the patient is authorised to—
(a) possess the prescribed substance for the purpose of preparing and supplying the substance to the administering practitioner for the patient, and
(b) prepare the prescribed substance, and
(c) supply the prescribed substance to the administering practitioner for the patient.
The administering practitioner for the patient is authorised to—
(a) receive the prescribed substance from an authorised supplier, and
(b) possess the prescribed substance for the purpose of preparing and administering the substance to the patient, and
(c) prepare the prescribed substance.
The administering practitioner for the patient is authorised, in the presence of a witness, to administer the prescribed substance to the patient if the administering practitioner is satisfied at the time of administration that—
(a) the patient has decision-making capacity in relation to voluntary assisted dying, and
(b) the patient is acting voluntarily, and
(c) the patient is not acting because of pressure or duress, and
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(d) the patient’s request for access to voluntary assisted dying is enduring.
Within 5 business days after prescribing a voluntary assisted dying substance for the patient, the patient’s coordinating practitioner must—
(a) complete the approved form for the prescription of the voluntary assisted dying substance (the
prescription form ) including the information required by subsection (2), and(b) give the Board a copy of the prescription form.
Maximum penalty—100 penalty units.
The prescription form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the coordinating practitioner’s name and contact details,
(c) a statement confirming the coordinating practitioner has complied with section 73(2) or (3),
(d) the date the prescription for the voluntary assisted dying substance was issued,
(e) the coordinating practitioner’s name and the date the form was signed.
This section applies if the patient’s administering practitioner administers the prescribed substance to the patient.
The administering practitioner must certify in writing that—
(a) the patient made a practitioner administration decision and did not revoke the decision, and
(b) the administering practitioner was satisfied when administering the prescribed substance to the patient that—
(i) the patient had decision-making capacity in relation to voluntary assisted dying, and
(ii) the patient was acting voluntarily, and
(iii) the patient was not acting because of pressure or duress, and
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(iv) the patient’s request for access to voluntary assisted dying was enduring.
The certification must be in the approved form (the
(a) the patient’s name and date of birth,
(b) the administering practitioner’s name and contact details,
(c) the name, date of birth and contact details of the witness to the administration of the prescribed substance,
(d) the date and time the prescribed substance was administered,
(e) the location at which the prescribed substance was administered,
(f) the date and time of the patient’s death,
(g) the period of time that elapsed between the administration of the prescribed substance and the patient’s death,
(h) details of any complications relating to the administration of the prescribed substance,
(i) the witness’ certification required under section 63(3),
(j) the administering practitioner’s signature and the date the form was signed,
(k) the witness’s signature and the date the form was signed.
Within 5 business days after administering the prescribed substance, the administering practitioner must give a copy of the practitioner administration form to the Board.
Maximum penalty—100 penalty units.
For the purposes of section 60(6), a person is eligible to witness the administration of a prescribed substance to a patient if the person—
(a) is an adult, and
(b) is not an ineligible witness.
For the purposes of subsection (1)(b), a person is an ineligible witness if the person—
(a) is a family member of the patient’s administering practitioner, or
(b) is employed, or engaged under a contract for services, by the patient’s administering practitioner.
The witness to the administration of a prescribed substance to a patient must certify in the practitioner administration form for the patient that—
(a) the patient’s request for access to voluntary assisted dying appeared to be free, voluntary and enduring, and
(b) the patient’s administering practitioner administered the prescribed substance to the patient in the presence of the witness.
This section applies if—
(a) a patient has made a practitioner administration decision, and
(b) the coordinating practitioner for the patient has prescribed a voluntary assisted dying substance for the patient, and
(c) the patient’s administering practitioner (the
original practitioner ) is unable or unwilling for any reason to administer the prescribed substance to the patient, whether the original practitioner is—(i) the coordinating practitioner for the patient, or
(ii) a person to whom the role of administering practitioner has been transferred under subsection (2).
The original practitioner must transfer the role of administering practitioner to another person who—
(a) is eligible to act as an administering practitioner for the patient, and
(b) accepts the transfer of the role.
If a person (the
(a) inform the patient—
(i) that the role of administering practitioner has been transferred to the new practitioner, and
(ii) of the new practitioner’s name and contact details, and
(b) record the transfer in the patient’s medical record, and
(c) within 5 business days after the transfer is accepted, complete the approved form (the
administering practitioner transfer form ) and give a copy of the form to the Board.
Maximum penalty—100 penalty units.
The administering practitioner transfer form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the original practitioner’s name and contact details,
(c) the new practitioner’s name and contact details,
(d) the date the new practitioner accepted the transfer,
(e) the date the patient was informed of the transfer,
(f) the original practitioner’s signature and the date the form was signed.
If the original practitioner has possession of the prescribed substance when the role is transferred—
(a) the original practitioner is authorised to supply the prescribed substance to the new practitioner, and
(b) the new practitioner is authorised to receive the prescribed substance from the original practitioner.
The coordinating practitioner for the patient remains the coordinating practitioner despite any transfer of the role of administering practitioner under subsection (2), but subject to section 175.
This Division applies if a patient has made a self-administration decision.
The patient must appoint a person as the patient’s contact person.
A person is eligible for appointment if the person is an adult.
Without limiting who may be appointed as the contact person, the patient may appoint—
(a) the patient’s coordinating practitioner, or
(b) the patient’s consulting practitioner, or
(c) another registered health practitioner.
A person must not be appointed as the contact person unless the person consents to the appointment.
The patient may revoke the appointment of the contact person.
If the patient revokes the appointment of the contact person—
(a) the patient must inform the person of the revocation, and
(b) the person ceases to be the contact person for the patient on being informed under paragraph (a), and
(c) the patient must make another appointment under subsection (1).
The appointment of a contact person by the patient must be made in the approved form (the
(a) the patient’s name, date of birth and contact details,
(b) the name and contact details of the coordinating practitioner for the patient,
(c) the contact person’s name, date of birth and contact details,
(d) a statement that the contact person consents to the appointment,
(e) a statement that the contact person understands the person’s role under this Act, including—
(i) that the contact person agrees to comply with guidelines issued by the Health Secretary under section 181(2)(d), and
(ii) the requirements under section 125 and the penalties for contravening the requirements,
(f) if the patient was assisted by an interpreter when making the appointment, the interpreter’s name, contact details and accreditation details,
(g) the contact person’s signature and the date the form was signed,
(h) the patient’s signature, or the signature of the other person who completes the form on behalf of the patient, and the date the form was signed.
Another person may complete the form on behalf of the patient if—
(a) the patient is unable to complete the contact person appointment form, and
(b) the patient directs the person to complete the contact person appointment form, and
(c) the person is an adult.
The patient or the patient’s contact person must give the contact person appointment form to the patient’s coordinating practitioner.
Within 5 business days after receiving the contact person appointment form, the patient’s coordinating practitioner must give a copy of the form to the Board.
Maximum penalty—100 penalty units.
The patient’s coordinating practitioner must not prescribe a voluntary assisted dying substance for the patient before the contact person appointment form is given to the coordinating practitioner.
The contact person for the patient is authorised to—
(a) receive the prescribed substance from an authorised supplier, and
(b) possess the prescribed substance for the purposes of paragraphs (c)–(e), and
(c) prepare the prescribed substance for self-administration by the patient, and
(d) supply the prescribed substance to the patient, and
(e) give the prescribed substance, or any unused or remaining prescribed substance, to an authorised disposer as required by section 125.
The patient’s contact person must inform the patient’s coordinating practitioner if the patient dies, whether as a result of self-administering the prescribed substance or from some other cause.
The contact person for a patient may refuse to continue to perform the role of contact person.
If the contact person for a patient refuses to continue to perform the role—
(a) the person must inform the patient of the refusal, and
(b) the person ceases to be the contact person for the patient on informing the patient under paragraph (a), and
(c) the patient must make another appointment under section 66(1).
If a patient has made an administration decision, the patient’s coordinating practitioner may apply to the Board for a voluntary assisted dying substance authorisation for the patient.
The application must be—
(a) in the approved form, and
(b) accompanied by the documents relating to the request and assessment process required by the Board.
As soon as practicable after receiving an application for a voluntary assisted dying substance authorisation from the patient’s coordinating practitioner, the Board must—
(a) consider the application, and
(b) decide to—
(i) approve the application, or
(ii) if section 72 applies—refuse the application.
If the Board decides to approve the application, the Board must, as soon as practicable after making the decision, grant a voluntary assisted dying substance authority, in the approved form, in relation to the patient.
A voluntary assisted dying substance authority must include the following information—
(a) the patient’s name and address,
(b) the name of the patient’s coordinating practitioner,
(c) the period during which the patient’s coordinating practitioner may prescribe a prescribed substance under the authority,
(d) other information required by the Health Secretary.
A voluntary assisted dying substance authority may relate to a voluntary assisted dying substance that may be self-administered or administered to a person.
The Board must refuse to issue to a patient’s coordinating practitioner a voluntary assisted dying substance authority in relation to the patient if—
(a) the Board has not received all the documents relating to the request and assessment process required under section 70(2)(b), or
(b) the Board suspects the requirements of this Act have not been met in relation to the patient.
If the Board refuses an application for a voluntary assisted dying substance authority, the Board must, within 2 business days, give the patient’s coordinating practitioner written notice that states—
(a) the application has been refused, and
(b) the reasons for the refusal.
This section applies if—
(a) a patient has made an administration decision, and
(b) the Board has issued a voluntary assisted dying substance authority in relation to the patient.
The patient’s coordinating practitioner must, if the patient has made a self-administration decision, before prescribing a voluntary assisted dying substance for the patient, inform the patient, in writing, of the following—
(a) the Schedule 4 poison or Schedule 8 poison, or combination of poisons, constituting the substance,
(b) that the patient is not under an obligation to obtain the substance,
(c) that the patient is not under an obligation to self-administer the substance,
(d) how to dispense the substance,
(e) that the substance must be stored—
(i) in a locked box that complies with the requirements stated in section 79, and
(ii) otherwise in accordance with the information provided by the authorised supplier who supplies the substance,
(f) how to prepare and self-administer the substance,
(g) the method by which the substance will be self-administered,
(h) the expected effects of self-administration of the substance,
(i) the period within which the patient is likely to die after self-administration of the substance,
(j) the potential risks of self-administration of the substance,
(k) that, if the patient decides not to self administer the substance, the patient’s contact person must give the substance to an authorised disposer for disposal,
(l) that, if the patient dies, the patient’s contact person must give any unused or remaining substance to an authorised disposer for disposal.
The coordinating practitioner for a patient who has made a practitioner administration decision must, before prescribing a voluntary assisted dying substance for the patient, inform the patient, in writing, of the following—
(a) the Schedule 4 poison or Schedule 8 poison, or combination of poisons, constituting the substance,
(b) that the patient is not under an obligation to have the substance administered,
(c) how the substance will be dispensed,
(d) the method by which the substance will be administered,
(e) the expected effects of administration of the substance,
(f) the period within which the patient is likely to die after administration of the substance,
(g) the potential risks of administration of the substance,
(h) that, if the practitioner administration decision is made after the revocation of a self-administration decision, the patient’s contact person must give any prescribed substance received by the patient, the contact person or an agent of the patient, to an authorised disposer for disposal.
This section applies if a patient’s coordinating practitioner prescribes a voluntary assisted dying substance for the patient.
The requirements in this section in relation to prescriptions for a voluntary assisted dying substance are in addition to the requirements applicable to prescriptions under—
(a) the Poisons and Therapeutic Goods Act 1966, or
(b) another law of New South Wales or the Commonwealth.
See also section 14 which provides that if there is an inconsistency between this Act and the Poisons and Therapeutic Goods Act 1966, this Act prevails to the extent of the inconsistency.
The prescription issued by the coordinating practitioner must include—
(a) a statement that clearly indicates the prescription is for a voluntary assisted dying substance, and
(b) a statement—
(i) certifying that the request and assessment process has been completed in relation to the patient in accordance with this Act, and
(ii) certifying that the patient has made an administration decision and stating whether the decision is a self-administration decision or a practitioner administration decision, and
(c) the patient’s telephone number.
The prescription must not be in the form of a medication chart.
The prescription must not provide for the prescribed substance to be supplied on more than 1 occasion.
The coordinating practitioner must give the prescription directly to an authorised supplier.
To avoid doubt, the requirement under subsection (5) to give the prescription directly to an authorised supplier does not require the prescription to be given to the authorised supplier in person but may be given by post or electronic means, including email.
In this section—
A person may comply with a request under subsection (1) despite any Act that prohibits or restricts the disclosure of the information.
The Board may, if asked, disclose information, other than personal information, obtained in the performance of its functions to—
(a) a public authority, or
(b) a person or body for the purposes of education or research.
The Board must record and keep statistical information about the following matters relating to voluntary assisted dying—
(a) the disease, illness or medical condition of a patient that met the requirements of section 16(1)(d), whether or not the patient made a final request,
(b) socio-demographic matters for applicants for voluntary assisted dying, including in relation to age, gender, local government area of residence and, if available, cultural background and level of education,
(c) if a patient has died after self-administering or being administered a voluntary assisted dying substance in accordance with this Act—the age of the patient on the day the patient died,
(d) participation in the request and assessment process, and access to voluntary assisted dying, by patients who are regional residents,
(e) persons assessed as eligible for voluntary assisted dying in a first assessment,
(f) persons assessed as ineligible for voluntary assisted dying in a first assessment,
(g) persons assessed as eligible for voluntary assisted dying in a consulting assessment,
(h) persons assessed as ineligible for voluntary assisted dying in a consulting assessment,
(i) instances of persons being assessed as ineligible for voluntary assisted dying because the persons were acting because of pressure or duress,
(j) the number of voluntary assisted dying substance authorities granted,
(k) the number of voluntary assisted dying substance authorities refused,
(l) the number of times a voluntary assisted dying substance has been dispensed,
(m) the number of confirmed deaths from the self-administration of a voluntary assisted dying substance,
(n) the number of confirmed deaths from practitioner administration of a voluntary assisted dying substance,
(o) the number of instances of an unused voluntary assisted dying substance being given to an authorised disposer for disposal because the patient died before taking the substance,
(p) the number of instances of remaining voluntary assisted dying substance being given to an authorised disposer for disposal because it was left over after the patient died.
(q) a matter specified in a direction under subsection (2).
The Minister may give a written direction to the Board requiring the Board—
(a) to record and keep statistical information about a matter relating to voluntary assisted dying specified in the direction, and
(b) to include the statistical information in its annual report.
The Board must give effect to a direction under subsection (2).
The Board must, as soon as practicable after receiving a form or a copy of a form from a person under this Act, notify the person that the form has been received.
The Board must, as soon as practicable after receiving a copy of an authorised disposal form or practitioner disposal form, give a copy of the form to the Health Secretary.
A document is executed by the Board if the document is signed on behalf of the Board by 2 members of the Board authorised under subsection (2).
The Board may authorise any of its members to sign documents on behalf of the Board, either—
(a) generally, or
(b) subject to the conditions specified in the authorisation.
A document purporting to be executed in accordance with this section is to be presumed to be executed until the contrary is shown.
The Board must, within 6 months after the end of each financial year, prepare and give to the Minister a report on the operation of this Act during the financial year.
The report must include—
(a) any recommendations the Board considers appropriate in relation to voluntary assisted dying, and
(b) any information the Board considers relevant to the performance of its functions, and
(c) the number of referrals made by the Board under section 136(1)(f), and
(d) the text of any direction given to the Board under section 141(1) or 170(2), and
(e) details of any disclosure under section 158(1) that relates to a matter dealt with in the report and of any resolution under section 160 about the disclosure, and
(f) statistical information the Board is required to record and keep under section 170(1)(b) and (e)–(p), and
(g) statistical information the Board is directed under section 170(2) to include in the report, and
(h) information about the extent to which regional residents had access to voluntary assisted dying, including statistical information recorded and kept under section 170(1)(c), and having regard to the access standard under section 174.
The report must not include—
(a) personal information about a patient, medical practitioner or other person who has participated in the request and assessment process or the process for accessing voluntary assisted dying under Part 4, or
(b) information that would prejudice—
(i) a criminal investigation or criminal proceeding, or
(ii) a civil proceeding, or
(iii) a proceeding in the Coroner’s Court of New South Wales.
The Minister must ensure a copy of the report is laid before each House of Parliament within 6 sitting days of the House after the day on which the Minister receives the report.
The Health Secretary must issue a standard (the
(a) the services of medical practitioners and other persons who carry out functions under this Act, and
(b) prescribed substances, and
(c) information about accessing voluntary assisted dying.
The access standard must specifically set out how the Ministry intends to facilitate access to voluntary assisted dying for regional residents.
The access standard may also include information about the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act.
The Health Secretary may modify or replace the access standard.
The Health Secretary must publish the access standard on the Ministry of Health’s website.
The coordinating practitioner for a patient (the
(a) the consulting practitioner has assessed the patient as eligible for access to voluntary assisted dying, and
(b) the other medical practitioner accepts the transfer of the role.
The transfer of the role may be—
(a) at the patient’s request, or
(b) on the original practitioner’s own initiative.
Within 5 business days after being asked by the original practitioner to accept a transfer under subsection (1), the other medical practitioner must inform the original practitioner whether the medical practitioner accepts or refuses the transfer of the role.
If the other medical practitioner accepts the transfer of the role, the original practitioner must—
(a) inform the patient of the transfer, and
(b) record the transfer in the patient’s medical record, and
(c) within 5 business days after accepting the transfer—
(i) complete the approved form (the
coordinating practitioner transfer form ), and(ii) give a copy of the coordinating practitioner transfer form to the Board.
Maximum penalty—100 penalty units.
The coordinating practitioner transfer form must include the following—
(a) the patient’s name, date of birth and contact details,
(b) the original practitioner’s name and contact details,
(c) the other medical practitioner’s name and contact details,
(d) the date the other medical practitioner accepted the transfer,
(e) the date the patient was informed of the transfer,
(f) the original practitioner’s signature and the date the form was signed.
If the other medical practitioner refuses the transfer of the role, the original practitioner may—
(a) refer the patient to another medical practitioner for a further consulting assessment, and
(b) transfer the role of coordinating practitioner to that medical practitioner if the practitioner—
(i) accepts the referral for a further consulting assessment, and
(ii) assesses the patient as eligible for access to voluntary assisted dying, and
(iii) accepts the transfer of the role.
On accepting the referral for a further consulting assessment, the consulting assessment that previously assessed the patient as eligible for access to voluntary assisted dying becomes void.
If it is not practicable for a patient to make a first request, final request or administration decision in person—
(a) the patient may make the request or decision using audiovisual communication, and
(b) the medical practitioner who receives the request or is being informed of the decision may give the patient advice or information in relation to the request or decision using audiovisual communication.
Subject to subsection (1)(b), a medical practitioner or other registered health practitioner may give advice or information to, or otherwise communicate with, a person for the purposes of this Act using any method of communication, including electronic communication or the use of an interpreter, the practitioner considers appropriate.
However, subsections (1) and (2) do not authorise the use of a method of communication if, or to the extent that, the use is contrary to or inconsistent with a law of the Commonwealth.
In this section—
This section applies to a requirement under this Act for an approved form or other document to be signed.
To avoid doubt, the document may be signed by electronic means.
a digitised signature may be used
However, a written declaration under section 43 may be signed by electronic means only if—
(a) the patient is not able to physically sign the declaration, and
(b) the patient generally uses a digitised signature to sign documents, and
(c) signing the declaration by electronic means takes the form of the patient signing the declaration by using a digitised signature.
An authorised official may make information about voluntary assisted dying publicly available.
Information may be made available under this section using any method of communication, including electronic communication, that the authorised official considers appropriate.
However, subsection (2) does not authorise the use of a method of communication if, or to the extent that, the use is contrary to or inconsistent with a law of the Commonwealth.
The Health Secretary may, by Gazette notice, designate persons, or persons in a class, as authorised officials for the purposes of this section.
In this section—
(a) the Health Secretary, or
(b) a public service officer employed in the Ministry of Health, or
(c) a person designated as an authorised official under subsection (4).
The Health Secretary may, by Gazette notice, approve an entity to be an official voluntary assisted dying care navigator service for this Act.
The purpose of an official voluntary assisted dying care navigator service is to provide support, assistance and information in relation to voluntary assisted dying to entities, including—
(a) patients, and
(b) patients’ carers, family and friends, and
(c) doctors and other members of patients’ health care teams, and
(d) residential facility managers, and other persons employed or otherwise engaged by or providing services at, residential facilities.
If an official voluntary assisted dying care navigator service is given a list of registered health practitioners kept under section 136(1)(b), a relevant person must not intentionally—
(a) give a copy of the list to another entity that is not also a relevant person, or
(b) disclose information on the list to another person unless the other person—
(i) has requested access to voluntary assisted dying, or
(ii) is assisting another person who has requested access.
Maximum penalty—100 penalty units.
In this section—
The Health Secretary may approve training, information and other resources about the following matters—
(a) the operation of this Act in relation to medical practitioners and other health practitioners, including the functions of coordinating practitioners, consulting practitioners and administering practitioners,
(b) assessing whether or not a patient meets the eligibility criteria,
(c) identifying and assessing risk factors for pressure or duress, including elder abuse and abuse of other vulnerable persons,
Note— See the definition of
pressure or duress in the Dictionary in Schedule 1.(d) matters that will help coordinating practitioners and consulting practitioners comply with the practitioners’ obligations under this Act to provide information to patients about palliative care options,
(e) other matters relating to the operation of this Act.
The Health Secretary may issue guidelines to provide guidance about the request and assessment process.
Without limiting subsection (1), the Health Secretary must issue guidelines about—
(a) the referral by coordinating practitioners and consulting practitioners of patients to medical practitioners under sections 26 and 37, and
(b) the referral by coordinating practitioners and consulting practitioners of patients to psychiatrists, other registered health practitioners and other persons under sections 27 and 38, and
(c) how coordinating practitioners and consulting practitioners may determine whether patients have experienced pressure or duress to request access to voluntary assisted dying, and
(d) the functions and conduct of contact persons.
The Health Secretary may approve forms for use under this Act.
An interpreter for a patient—
(a) must be accredited by a body approved by the Health Secretary, and
(b) must not—
(i) be a family member of the patient, or
(ii) know or believe that they are a beneficiary under a will of the patient or that they may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services as the interpreter for the patient, or
(iii) be an owner of, or be responsible for the day-to-day management and operation of, a health facility at which the patient is being treated or resides, or
(iv) be a person who is directly involved in providing health services or professional care services to the patient.
In this section—
(a) a hospital within the meaning of the Health Services Act 1997,
(b) premises where residential care, as defined in the Aged Care Act 1997 of the Commonwealth, section 41-3, is provided,
(c) premises, other than a private residence, where accommodation and personal care or nursing care, or both, are provided to a person with a disability.
(a) the request and assessment process, or
(b) the process for accessing voluntary assisted dying under Part 4, or
(c) a proceeding under Part 6.
To avoid doubt, voluntary assisted dying is not a matter to which the following Acts apply or for which provision may be made under an instrument made under either of the following Acts—
(a) the Guardianship Act 1987,
(b) the Powers of Attorney Act 2003.
The Health Secretary must ensure that the annual report prepared under the Annual Reports (Departments) Act
1985 for the Ministry of Health for a financial year (a
(a) the total amount spent by the Ministry on palliative care during the financial year preceding the reporting year,
(b) the aggregated amounts spent by the Ministry on palliative care during the 5 financial years preceding the reporting year,
(c) the total of the following for the reporting year—
(i) the number of persons to whom palliative care was provided during an admission to a public hospital,
(ii) the number of persons to whom palliative care was provided by the public health system other than during an admission to a public hospital.
The information included in the annual report under subsection (1) must be provided—
(a) for the State generally, and
(b) for each local health district.
In this section—
The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review—
(a) as soon as practicable after the second anniversary of the day on which this section comes into operation, and
(b) after that, at intervals of not more than 5 years.
Without limiting subsection (1), a review of the operation and effectiveness of this Act must include consideration of the principles set out in section 4 including, in particular, the following principles—
(a) a person is entitled to genuine choices about the person’s care, treatment and end of life, irrespective of where the person lives in New South Wales and having regard to the person’s culture and language,
(b) a person who is a regional resident is entitled to the same level of access to voluntary assisted dying and high quality care and treatment, including palliative care and treatment, as a person who lives in a metropolitan region.
The Minister must cause the report to be laid before each House of Parliament as soon as practicable after the report is prepared, but not later than—
(a) for the first review—12 months after the second anniversary, or
(b) for a subsequent review—12 months after the expiry of the period of 5 years.
The Governor may make regulations about a matter that is—
(a) required or permitted to be prescribed by this Act, or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(Repealed)
section 5
(a) the coordinating practitioner for the person, or
(b) a person to whom the role of administering practitioner is transferred under section 64(2).
(a) a self-administration decision, or
(b) a practitioner administration decision.
(a) a medical practitioner who accepts the person’s first request, or
(b) a medical practitioner who accepts a transfer of the role of coordinating practitioner for the person under section 175.
(a) starting on the day on which the patient made the first request, and
(b) ending on the day that is 5 days after that day.
(a) a person, and
(b) an unincorporated body.
(a) the person’s spouse or de facto partner,
(b) the person’s parent or step parent, or a sibling of the person’s parent or step parent,
(c) the person’s grandparent or step grandparent,
(d) the person’s sibling or step sibling, or a child of the person’s sibling or step sibling,
(e) the person’s child or step child,
(f) the person’s grandchild or step grandchild.
(a) as in force from time to time, set out in the Schedule of the Health Practitioner Regulation National Law Act 2009 of Queensland, and
(b) as it applies as a law of New South Wales or another State, with or without modification.
(a) a council,
(b) a county council,
(c) a joint organisation.
(a) is provided to a person who is diagnosed with a disease, illness or medical condition that is progressive and life-limiting, and
(b) is directed at preventing, identifying, assessing, relieving or treating the person’s pain, discomfort or suffering to improve their comfort and quality of life.
(a) means to do anything necessary to ensure the substance is in a form suitable for administration, and
(b) includes to decant, dilute, dissolve, mix, reconstitute, colour or flavour the substance.
(a) a voluntary assisted dying substance prescribed for a patient by the coordinating practitioner for the patient, and
(b) in relation to a specific patient, the voluntary assisted dying substance prescribed for the patient by the patient’s coordinating practitioner.
elder abuse or abuse of other vulnerable persons
(a) assistance or support, including the following—
(i) assistance with bathing, showering, personal hygiene, toileting, dressing, undressing or meals,
(ii) assistance for persons with mobility problems,
(iii) assistance for persons who are mobile but require some form of assistance or supervision,
(iv) assistance or supervision in administering medicine,
(v) the provision of substantial emotional support,
(b) providing support or services to persons with a disability.
(a) a government sector agency within the meaning of the Government Sector Employment Act 2013, or
(b) a local government authority, or
(c) a statutory body representing the Crown, or
(d) a body, whether incorporated or unincorporated, established for a public purpose under the provisions of an Act or other statutory instrument, or
(e) an entity prescribed by the regulations to be a public authority for this definition.
(a) a first request,
(b) a first assessment,
(c) a consulting assessment,
(d) a written declaration,
(e) a final request,
(f) a final review.
(a) a nursing home, hostel or other facility at which accommodation, nursing or personal care is provided to persons on a residential basis who, because of infirmity, illness, disease, incapacity or disability, have a need for nursing or personal care, or
(b) a residential aged care facility.
Voluntary Assisted Dying Act 2022 No 17. Assented to 27.5.2022. Date of commencement, 18 months after assent (i.e. 28.11.2023), sec 2. This Act has been amended as follows—
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sch 1A | Am 2023 No 7, Sch 2.50. Rep 1987 No 15, sec 30C. |
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