Voluntary Assisted Dying Act 2024 (ACT)

Case

Voluntary Assisted Dying Act 2024   

A2024-24

Republication No 3

Effective:  13 November 2025

Republication date: 13 November 2025

Last amendment made by A2025‑33

About this republication

The republished law

This is a republication of the Voluntary Assisted Dying Act 2024 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 13 November 2025It also includes any commencement, amendment, repeal or expiry affecting this republished law to 13 November 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication includes amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Voluntary Assisted Dying Act 2024

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    3            Dictionary  2

    4            Notes  2

    5Offences against Act—application of Criminal Code etc 2

    Part 2      Objects, principles and important concepts

    6            Objects of Act  3

    7           Principles of Act  4

    8            Voluntary assisted dying not suicide  4

    9            No obligation to continue with request to access voluntary assisted dying  5

    10          When individual may access voluntary assisted dying  5

    11          Meaning of eligibility requirements  6

    12          Meaning of decision-making capacity  8

    Part 3      Request and assessment process for access to voluntary assisted dying

    Division 3.1              First request, coordinating practitioner and first assessment

    13          Making first request  10

    14          Health practitioner must accept or refuse to accept first request           10

    15          Recording first request in individual’s health record  11

    16          Coordinating practitioner to undertake first assessment  12

    17          Referral for advice about eligibility requirements  13

    18          Notifying individual and board about outcome of first assessment         14

    19          Referral for consulting assessment  14

    Division 3.2              Consulting referral, consulting practitioner and consulting assessment

    20          Health practitioner must accept or refuse to accept consulting assessment referral     15

    21          Recording referral in individual’s health record  16

    22          Notifying board about decision to accept or refuse to accept referral      16

    23          Consulting practitioner to undertake consulting assessment               16

    24          Referral for advice about eligibility requirements  18

    25          Notifying individual, coordinating practitioner and board about outcome of consulting assessment  18

    26          Referral for further consulting assessment  19

    Division 3.3              Second request

    27          Making second request  19

    28          Certification of witness  22

    29          Recording second request in individual’s health record  22

    30          Notifying board about second request  23

    Division 3.4              Final request and final assessment

    31          Meaning of final assessment requirements  23

    32          Making final request  23

    33          Recording final request in individual’s health record  24

    34          Notifying board about final request  24

    35          Coordinating practitioner to undertake final assessment  24

    36          Notifying individual and board about outcome of final assessment         24

    Division 3.5              Transfer of coordinating practitioner functions

    37          Transfer request made by coordinating practitioner  25

    38          Transfer request made by individual  27

    39          Decisions of previous coordinating practitioner remain valid despite transfer of coordinating practitioner functions  28

    Division 3.6              Miscellaneous

    40          Offence—inducing making or revocation of request for access to voluntary assisted dying      29

    Part 4      Accessing voluntary assisted dying and death

    Division 4.1              Administration decision

    41          Application—div 4.1  31

    42          Making administration decision  31

    43          Changing administration decision  32

    44          Administering practitioner  33

    45          Revocation of administration decision  35

    46          Transfer of administering practitioner functions—transfer request made by administering practitioner  36

    47          Transfer of administering practitioner functions—transfer request made by individual   38

    48          Coordinating practitioner functions do not transfer on transfer of administering practitioner functions  40

    49          Offence—inducing making or revocation of administration decision       40

    Division 4.2              Contact person

    50          Application—div 4.2  41

    51          Appointment of contact person  41

    52          Coordinating practitioner must give information to contact person         42

    53          Ending contact person appointment  42

    54          Effect of change or revocation of administration decision on contact person appointment       43

    Division 4.3              Dealing with approved substances

    55          Definitions—div 4.3  44

    56          Approved substances  44

    57          Approved suppliers and disposers  45

    58          Prescribing approved substances—first prescription  45

    59          Prescribing approved substances—subsequent prescription               46

    60          Possessing, preparing and supplying approved substances—approved suppliers and couriers  47

    61          Receiving, possessing, preparing and administering approved substances—individuals and other people  50

    62          Giving approved substances to administering practitioner after change of administration decision—individuals  52

    63          Receiving and possessing approved substances—administering practitioner   52

    64          Receiving and possessing approved substances after change of administration decision—administering practitioner  53

    65          Giving, receiving and possessing approved substances—transfer of administering practitioner functions  53

    66          Administering approved substances—administering practitioner           54

    67          Giving, receiving and possessing approved substances—change in contact person     56

    68          Giving approved substances to approved disposer if administration decision revoked—individual or contact person  57

    69          Giving approved substances to approved disposer if individual dies or contact person appointment ends—contact person  57

    70          Giving approved substances to approved disposer—administering practitioner 58

    71          Giving approved substances to approved disposer—transfer of administering practitioner functions  59

    72          Giving expired approved substances to approved disposer                 60

    73          Disposal of approved substances by approved disposer  60

    74          Storage of approved substances  61

    75          Offence—unauthorised administration of approved substance             62

    76          Offence—inducing self-administration of approved substance              62

    Division 4.4              Notifications about death

    77          Application—div 4.4  63

    78          Contact person to tell coordinating practitioner about death                63

    79          Coordinating practitioner to notify board and director-general about death 63

    80          Administering practitioner to notify board, coordinating practitioner and director-general about death  64

    81          Administration certificate  64

    82          Notice of death if individual dies following administration of an approved substance     66

    83          Health practitioner to notify board about death  66

    84          Board may request information from coordinating practitioner or contact person        67

    Division 4.5              Miscellaneous

    85          Director-general must keep register about supply and disposal of approved substances        68

    Part 5      Requirements for coordinating practitioners, consulting practitioners and administering practitioners

    Division 5.1              General

    86          Definitions—pt 5  70

    Division 5.2              Authorised practitioners

    87          Meaning of authorised practitioner—div 5.2  70

    88          Application for authorisation  71

    89          Eligibility for authorisation  71

    90          Director-general may require more information  72

    91          Change of information must be provided  72

    92          Deciding applications  72

    93          Authorisation conditions  72

    94          Notifying director-general about change in eligibility for authorisation     73

    95          Revocation of authorisation  74

    96          Register of authorised practitioners  74

    Division 5.3              Requirements for coordinating practitioners, consulting practitioners and administering practitioners

    97          Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner  74

    98          Acting as coordinating practitioner, consulting practitioner or administering practitioner when requirements to act not met  76

    Part 6      Conscientious objections—health practitioners and health service providers

    99          Conscientious objection by health practitioner or health service provider  77

    100         Giving individual contact details for approved care navigator service      78

    Part 7      Obligations of facility operators

    Division 7.1              General

    101         Definitions—pt 7  79

    Division 7.2              Information and access obligations

    102         Application—div 7.2  80

    103         Definitions—div 7.2  81

    104         Obligation to allow relevant person to have reasonable access to individual who wants information about or access to voluntary assisted dying  81

    105         Obligation to consider and facilitate transfer of individual who wants to access voluntary assisted dying  82

    106         Obligation to make access to relevant person reasonably practicable     84

    Division 7.3              Other obligations

    107         Obligations if individual wants information about voluntary assisted dying 85

    108         Facility operator must have policy  86

    109         Facility operator must not withdraw or refuse to provide care service      87

    Part 8      Voluntary assisted dying oversight board

    Division 8.1              Establishment of board

    110         Establishment of board  88

    Division 8.2              Membership of board

    111         Members of board  88

    112         Appointment of members  88

    113         Appointment of chair  90

    114         Appointment of deputy chair  90

    115         Ending member appointments  90

    116         Honesty, care and diligence of board members  91

    117         Conflicts of interest by board members  91

    118         Disclosure of interests by board members  91

    Division 8.3              Functions of board and members

    119         Functions of board  92

    120         Functions of chair and deputy chair  93

    121         Ministerial directions  94

    122         Decisions of board  94

    Division 8.4              Miscellaneous

    123         Board may request information from registrar-general  94

    124         Delegation by board  95

    125         Director-general to give support to board  95

    126         Arrangements for board staff and facilities  95

    127         Annual reporting of board  95

    Part 9      Protection from liability

    128         Meaning of conduct—pt 9  96

    129         Board members and people assisting board  96

    130         People engaging in conduct under Act  96

    131         Health practitioners and ambulance service members  97

    132         Engaging in conduct under Act not breach of professional standards etc  97

    133         Provisions of part do not affect complaints or referrals  98

    Part 10     Review of coordinating practitioner, consulting practitioner and administering practitioner decisions

    Division 10.1            General

    134         Definitions—pt 10  99

    Division 10.2            Reviewable decision notices and applications for review of reviewable decisions

    135         Reviewable decision notices  100

    136         Making application for review of reviewable decision  100

    137         Parties to application for review  101

    138         Application for review suspends process for accessing voluntary assisted dying       101

    139         Registrar must give notice of application for review  102

    140         Application for review taken to be withdrawn if individual dies            102

    Division 10.3            Procedural matters

    141         Coordinating practitioner and consulting practitioner must give documents to ACAT    103

    142         Hearings must take place in private  103

    143         Non-publication orders  104

    144         Members constituting ACAT  104

    Division 10.4            Decisions of ACAT

    145         Orders following review of reviewable decision  104

    146         Effect of ACAT decision that individual meets relevant requirement      105

    147         Effect of ACAT decision that individual does not meet relevant requirement 106

    148         Registrar must give decision to consulting practitioner if consulting practitioner not party       107

    149         Coordinating practitioner must give copy of ACAT decision to board     107

    Part 11     Review of other decisions

    150         Definitions—pt 11  109

    151         Reviewable decision notices  109

    152         Applications for review  109

    Part 12     Miscellaneous

    153         Exercise of enforcement powers under Medicines, Poisons and Therapeutic Goods Act 2008   110

    154         Residency exemptions  110

    155         Requirements for health professionals when raising voluntary assisted dying as an end of life choice  111

    156         Interpreters  112

    157         Technical error does not invalidate processes  113

    158         Approved care navigator service  114

    159         Director-general may make guidelines  114

    160         Use or divulge protected information  115

    161         Regulation-making power  116

    162         Review of Act  117

    Schedule 1 Reviewable decisions—coordinating practitioner, consulting practitioner and administering practitioner decisions         118

    Schedule 2 Reviewable decisions—other decisions             121

    Dictionary122

    Endnotes

    1            About the endnotes  127

    2            Abbreviation key  127

    3            Legislation history  128

    4            Amendment history  129

    5            Earlier republications  131

    Voluntary Assisted Dying Act 2024

    An Act to regulate access to voluntary assisted dying, and for other purposes

    Part 1Preliminary

    1. Name of Act

      This Act is the Voluntary Assisted Dying Act 2024.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

      For example, the signpost definition ‘health record—see the Health Records (Privacy and Access) Act 1997, dictionary.’ means that the term ‘health record’ is defined in that dictionary and the definition applies to this Act.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

    4. Offences against Act—application of Criminal Code etc

      Other legislation applies in relation to offences against this Act.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

      Note 2Penalty units

      The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 2Objects, principles and important concepts

    1. Objects of Act

      The objects of this Act are to—

      (a)give individuals who are suffering and dying the option of requesting assistance to end their lives; and

      (b)establish a process for individuals to exercise the option to request assistance to end their lives if they have been assessed as meeting the requirements to access voluntary assisted dying under this Act; and

      (c)establish mechanisms to—

      (i)ensure that voluntary assisted dying is accessed only by individuals who—

      (A)want to exercise the option to request assistance to end their lives; and

      (B)have been assessed as meeting the requirements to access voluntary assisted dying under this Act; and

      (ii)protect individuals from coercion and exploitation; and

      (d)provide protection for health practitioners who choose to assist, or not assist, individuals to exercise the option of ending their lives in accordance with this Act; and

      (e)provide for the monitoring and enforcement of compliance with this Act.

    2. Principles of Act

      The following principles are to be taken into account by a person in exercising a function under this Act:

      (a)human life is of fundamental importance;

      (b)every individual has inherent dignity and should be treated with compassion and respect;

      (c)an individual’s autonomy, including autonomy in relation to end of life choices, should be respected;

      (d)every individual approaching the end of their life should be provided with high quality, person-centred care and treatment, including palliative care, to minimise their suffering and maximise their quality of life;

      (e)an individual should be supported in making informed decisions about treatment and end of life choices;

      (f)individuals should be protected from coercion and exploitation;

      (g)an individual’s personal, cultural and religious beliefs and values should be respected.

    3. Voluntary assisted dying not suicide

      For the purposes of a territory law, and for the purposes of a contract, deed or other instrument entered into in the ACT or governed by a territory law, an individual who dies as the result of the administration of an approved substance by or to the individual in accordance with this Act—

      (a)does not die by suicide; and

      (b)is taken to have died from the condition mentioned in section 11 (1) (b).

    4. No obligation to continue with request to access voluntary assisted dying

      (1)If an individual starts a request to access voluntary assisted dying, the individual may, at any time, decide not to take any further steps in relation to the request.

      (2)However, the individual does not need to start a new request if the individual later decides to take further steps in relation to the request.

    1. When individual may access voluntary assisted dying

      An individual may access voluntary assisted dying only if—

      (a)the individual has made a first request; and

      (b)the individual’s coordinating practitioner has decided that the individual meets the eligibility requirements; and

      (c)the individual’s consulting practitioner has decided that the individual meets the eligibility requirements; and

      (d)the individual has made a second request; and

      (e)the individual has made a final request; and

      (f)the individual’s coordinating practitioner has decided that the individual meets the final assessment requirements; and

      (g)the individual has made an administration decision; and

      (h)if the individual has a self-administration decision in effect—a contact person appointment is in effect for the individual.

    2. Meaning of eligibility requirements

      (1)For this Act, an individual meets the eligibility requirements if—

      (a)they are an adult; and

      (b)they have been diagnosed with a condition that, either on its own or in combination with 1 or more other diagnosed conditions, is advanced, progressive and expected to cause death (the relevant conditions); and

      (c)they are suffering intolerably in relation to the relevant conditions; and

      (d)they have decision-making capacity in relation to voluntary assisted dying; and

      (e)their decision to access voluntary assisted dying is made voluntarily and without coercion; and

      (f)they have—

      (i)lived in the ACT for at least the previous 12 months; or

      (ii)been granted an exemption under section 154.

      (2)For subsection (1) (b), an individual—

      (a)may meet the requirement mentioned in that subsection if they have a disability, mental disorder or mental illness; but

      (b)does not meet the requirement mentioned in that subsection only because they have—

      (i)a disability that—

      (A)substantially impairs their communication, learning or mobility; and

      (B)results in the individual needing services to support them to live with the disability; or

      (ii)a mental disorder or mental illness.

      (3)For subsection (1) (b), an individual’s relevant conditions are advanced if—

      (a)the individual’s functioning and quality of life—

      (i)have declined or are declining; and

      (ii)are not expected to improve; and

      (b)any treatments for the conditions that are reasonably available and acceptable to the individual have lost any beneficial impact; and

      (c)the individual is approaching the end of their life.

      (4)For subsection (1) (c), an individual is suffering intolerably in relation to their relevant conditions if—

      (a)persistent suffering (whether physical, mental or both) is being caused to them by—

      (i)1 or more of the following matters:

      (A)the relevant conditions;

      (B)the combination of the relevant conditions and any other condition or conditions they have been diagnosed with (the other conditions);

      (C)treatment they have received for the relevant conditions;

      (D)the combination of treatments they have received for the relevant conditions and the other conditions; or

      (ii)the anticipation or expectation, based on medical advice, of suffering that will or might be caused by a matter mentioned in subparagraph (i); or

      (iii)a medical complication that will or might result from, or be related to, a matter mentioned in subparagraph (i); and

      (b)the persistent suffering is, in their opinion, intolerable.

      (5)For subsection (3) (b), treatment, for an individual’s relevant conditions, does not include treatment that is primarily for the purpose of relieving a symptom of the conditions or any pain or distress caused by the conditions.

      (6)For subsection (3) (c), an individual may be approaching the end of their life even if it is uncertain whether their relevant conditions will cause death within the next 12 months.

      (7)In this section:

      condition means a disease, illness or other medical condition.

      disability—see the Disability Services Act 1991, dictionary.

      mental disorder—see the Mental Health Act 2015, section 9.

      mental illness—see the Mental Health Act 2015, section 10.

      progressive—an individual’s condition is progressive if their condition is deteriorating and will continue to deteriorate.

    3. Meaning of decision-making capacity

      (1)For this Act, an individual has decision‑making capacity in relation to voluntary assisted dying if they can—

      (a)understand the facts that relate to a decision about accessing voluntary assisted dying; and

      (b)understand the main choices available to them in relation to the decision; and

      (c)weigh up the consequences of the main choices; and

      (d)understand how the consequences affect them; and

      (e)on the basis of paragraphs (a) to (d), make the decision; and

      (f)communicate the decision in whatever way they can.

      (2)An individual must be assumed to have decision-making capacity in relation to voluntary assisted dying unless it is established that they do not have decision‑making capacity in relation to voluntary assisted dying.

      (3)In deciding whether an individual has decision‑making capacity in relation to voluntary assisted dying, the following must be taken into account:

      (a)an individual’s decision-making capacity is particular to the decision they are to make;

      (b)an individual is capable of making a decision if they are capable of making the decision with adequate and appropriate support;

      (c)an individual must not be treated as not having decision‑making capacity unless all practicable steps to support them to make decisions have been taken;

      (d)an individual must not be treated as not having decision‑making capacity only because they—

      (i)make an unwise decision; or

      (ii)have impaired decision‑making capacity under another Act, or in relation to another decision;

      (e)an individual who moves between having and not having decision‑making capacity must, if practicable, be given the opportunity to consider matters requiring a decision at a time when they have decision-making capacity.

    Part 3Request and assessment process for access to voluntary assisted dying

    Division 3.1               First request, coordinating practitioner and first assessment

    1. Making first request

      (1)An individual may make a request for access to voluntary assisted dying to a health practitioner (a first request).

      (2)The request must be—

      (a)clear and unambiguous; and

      (b)made personally by the individual.

      (3)The request may be made in writing or orally, or by communicating in any other way the individual can.

    2. Health practitioner must accept or refuse to accept first request

      (1)Within 4 business days after the day an individual makes a first request, the health practitioner must—

      (a)decide to accept or refuse to accept the request; and

      (b)tell the individual about the decision.

      (2)The health practitioner—

      (a)must refuse to accept the first request if they do not meet the coordinating practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

      (b)may refuse to accept the first request if they are unable or unwilling to exercise the functions of a coordinating practitioner.

      NoteA health practitioner may refuse to accept a first request if they have a conscientious objection (see s 99).

      (3)When telling the individual about the health practitioner’s decision, the health practitioner must—

      (a)if the health practitioner accepts the first request—give the individual any information prescribed by regulation; and

      (b)if the health practitioner refuses to accept the first request—

      (i)tell the individual that other health practitioners may be able to assist the individual with their request; and

      (ii)give the individual information about—

      (A)another health practitioner who they believe is likely to be able to assist the individual with their request; or

      (B)the approved care navigator service.

      (4)If the health practitioner accepts the first request, they become the coordinating practitioner for the individual.

    3. Recording first request in individual’s health record

      If an individual makes a first request, the health practitioner must record the following information in the individual’s health record:

      (a)that the first request was made;

      (b)the health practitioner’s decision to accept or refuse to accept the first request;

      (c)if the health practitioner refused to accept the first request—the steps taken by the health practitioner to comply with section 14 (3) (b).

    4. Coordinating practitioner to undertake first assessment

      (1)An individual’s coordinating practitioner must undertake an assessment (a first assessment) to decide whether the individual—

      (a)meets the eligibility requirements; and

      (b)if the coordinating practitioner decides that the individual meets the eligibility requirements—understands the information given to them under subsection (3).

      (2)For subsection (1) (b), in deciding whether an individual understands information given to them, the following must be taken into account:

      (a)an individual is capable of understanding the information if they are capable of understanding the information with adequate and appropriate support;

      (b)an individual must not be treated as not understanding the information unless all practicable steps to support them to understand the information have been taken;

      (c)an individual must not be treated as not understanding the information only because they have impaired decision‑making capacity under another Act or in relation to another matter;

      (d)an individual who moves between understanding and not understanding information must, if practicable, be given the opportunity to consider the information at a time when they are most likely to understand it.

      (3)If the coordinating practitioner decides that the individual meets the eligibility requirements, the coordinating practitioner must give the individual any information prescribed by regulation.

      (4)The coordinating practitioner may take the following into account when undertaking the first assessment:

      (a)any relevant information about the individual that has been prepared by another person who, in the opinion of the coordinating practitioner, has the appropriate skills and training to provide the information;

      (b)if the coordinating practitioner refers the individual to another person for advice under section 17—any advice given by the other person.

    5. Referral for advice about eligibility requirements

      (1)If an individual’s coordinating practitioner is unable to decide whether the individual meets an eligibility requirement, the coordinating practitioner must refer the individual to another person who, in the opinion of the coordinating practitioner, has the appropriate skills and training to provide advice about whether the individual meets the eligibility requirement.

      (2)The coordinating practitioner must not refer the individual to a person who the coordinating practitioner knows or believes—

      (a)is a family member of the individual; or

      (b)is a beneficiary under the will of the individual; or

      (c)may otherwise benefit financially or in any other material way (other than by receiving reasonable fees for the provision of services relating to the referral) from—

      (i)assisting the individual to access voluntary assisted dying; or

      (ii)the death of the individual.

    6. Notifying individual and board about outcome of first assessment

      (1)Within 4 business days after the day the coordinating practitioner makes their decision on the first assessment, the coordinating practitioner must—

      (a)prepare a written report of the first assessment (a first assessment report) that includes—

      (i)the coordinating practitioner’s decision in relation to the first assessment; and

      (ii)any other information prescribed by regulation; and

      (b)give the board a copy of the first assessment report; and

      (c)tell the individual about their decision and give the individual a copy of the first assessment report.

      Maximum penalty (paragraph (b)):  20 penalty units.

      (2)The coordinating practitioner may attach a copy of any document relevant to their decision to the first assessment report.

      (3)An offence against this section is a strict liability offence.

    7. Referral for consulting assessment

      (1)An individual’s coordinating practitioner must refer the individual to another health practitioner (the first referral practitioner) for a consulting assessment if, after undertaking a first assessment, the coordinating practitioner decides that the individual—

      (a)meets the eligibility requirements; and

      (b)understands the information given to the individual under section 16 (3).

      (2)The referral must be made within 4 business days after the day the coordinating practitioner decides that the individual understands the information given to the individual under section 16 (3).

      (3)If the first referral practitioner refuses to accept the referral, the coordinating practitioner must—

      (a)take reasonable steps to find another health practitioner who will accept a referral under subsection (1); and

      (b)if the coordinating practitioner is unable to find another health practitioner—refer the individual to the approved care navigator service.

    Division 3.2               Consulting referral, consulting practitioner and consulting assessment

    1. Health practitioner must accept or refuse to accept consulting assessment referral

      (1)Within 4 business days after the day a health practitioner receives a referral under section 19 or section 26, the health practitioner must—

      (a)decide to accept or refuse to accept the referral; and

      (b)tell the individual’s coordinating practitioner about the decision.

      (2)The health practitioner—

      (a)must refuse to accept the referral if they do not meet the consulting practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

      (b)may refuse to accept the referral if they are unable or unwilling to exercise the functions of a consulting practitioner.

      NoteA health practitioner may refuse to accept a referral if they have a conscientious objection (see s 99).

      (3)As soon as practicable after the health practitioner tells the coordinating practitioner about their decision, the coordinating practitioner must tell the individual about the decision.

    2. Recording referral in individual’s health record

      If an individual is referred to a health practitioner under section 19 or section 26, the health practitioner must record the following information in the individual’s health record:

      (a)the referral;

      (b)the health practitioner’s decision to accept or refuse to accept the referral.

    3. Notifying board about decision to accept or refuse to accept referral

      (1)This section applies if an individual is referred to a health practitioner under section 19 or section 26.

      (2)The health practitioner must give the board written notice of their decision within 4 business days after the day they tell the coordinating practitioner about the decision.

      Maximum penalty:  20 penalty units.

      (3)An offence against this section is a strict liability offence.

      (4)If the health practitioner accepts the referral, they become the consulting practitioner for the individual when they give the board notice under subsection (2).

    4. Consulting practitioner to undertake consulting assessment

      (1)An individual’s consulting practitioner must undertake an assessment (a consulting assessment) to decide whether the individual—

      (a)meets the eligibility requirements; and

      (b)if the consulting practitioner decides that the individual meets the eligibility requirements—understands the information given to them under subsection (3).

      (2)For subsection (1) (b), in deciding whether an individual understands information given to them, the following must be taken into account:

      (a)an individual is capable of understanding the information if they are capable of understanding the information with adequate and appropriate support;

      (b)an individual must not be treated as not understanding the information unless all practicable steps to support them to understand the information have been taken;

      (c)an individual must not be treated as not understanding the information only because they have impaired decision‑making capacity under another Act or in relation to another matter;

      (d)an individual who moves between understanding and not understanding information must, if practicable, be given the opportunity to consider the information at a time when they are most likely to understand it.

      (3)If the consulting practitioner decides that the individual meets the eligibility requirements, the consulting practitioner must give the individual any information prescribed by regulation.

      (4)The consulting practitioner’s consulting assessment and decision in relation to the consulting assessment must be undertaken and made independently of the individual’s coordinating practitioner.

      (5)The consulting practitioner may take the following into account when undertaking the consulting assessment:

      (a)any relevant information about the individual that has been prepared by another person who, in the opinion of the coordinating practitioner, has the appropriate skills and training to provide the information;

      (b)if the consulting practitioner refers the individual to another person for advice under section 24—any advice given by the other person.

    5. Referral for advice about eligibility requirements

      (1)If an individual’s consulting practitioner is unable to decide whether the individual meets an eligibility requirement, the consulting practitioner must refer the individual to another person who, in the opinion of the consulting practitioner, has the appropriate skills and training to provide advice about whether the individual meets the eligibility requirement.

      (2)The consulting practitioner must not refer the individual to a person who the consulting practitioner knows or believes—

      (a)is a family member of the individual; or

      (b)is a beneficiary under the will of the individual; or

      (c)may otherwise benefit financially or in any other material way (other than by receiving reasonable fees for the provision of services relating to the referral) from—

      (i)assisting the individual to access voluntary assisted dying; or

      (ii)the death of the individual.

    6. Notifying individual, coordinating practitioner and board about outcome of consulting assessment

      (1)Within 4 business days after the day the consulting practitioner makes their decision on the consulting assessment, the consulting practitioner must—

      (a)prepare a written report of the assessment (a consulting assessment report) that includes—

      (i)the consulting practitioner’s decision in relation to the consulting assessment; and

      (ii)any other information prescribed by regulation; and

      (b)tell the individual about their decision and give the individual a copy of the consulting assessment report; and

      (c)give a copy of the consulting assessment report to—

      (i)the board; and

      (ii)the individual’s coordinating practitioner.

      Maximum penalty (paragraph (c) (i)):  20 penalty units.

      (2)The consulting practitioner may attach a copy of any document relevant to their decision to the consulting assessment report.

      (3)An offence against this section is a strict liability offence.

    1. Referral for further consulting assessment

      (1)If an individual’s consulting practitioner (the original consulting practitioner) decides that the individual does not meet the eligibility requirements, the individual’s coordinating practitioner may refer the individual to another health practitioner for a further consulting assessment.

      (2)If the other health practitioner accepts the referral, the original consulting practitioner stops being the consulting practitioner for the individual when the other health practitioner gives the board notice under section 22 (2).

    Division 3.3               Second request

    1. Making second request

      (1)This section applies if—

      (a)an individual’s coordinating practitioner decides that the individual—

      (i)meets the eligibility requirements; and

      (ii)understands the information given to them under section 16 (3); and

      (b)the individual’s consulting practitioner decides that the individual—

      (i)meets the eligibility requirements; and

      (ii)understands the information given to them under section 23 (3).

      (2)The individual may make another request for access to voluntary assisted dying (a second request).

      (3)The request must—

      (a)be in writing; and

      (b)state that—

      (i)the request is made voluntarily and without coercion; and

      (ii)the individual understands the nature and effect of the request; and

      (c)be signed by the individual, or another individual on their behalf (an agent), in the presence of 2 eligible witnesses; and

      (d)be given to the individual’s coordinating practitioner.

      (4)However, an agent may sign the second request on behalf of the individual only if—

      (a)the individual—

      (i)is unable to sign the request; and

      (ii)asks the agent to sign the request; and

      (b)the agent—

      (i)is an adult; and

      (ii)is not a witness to the signing of the request; and

      (iii)is not the individual’s coordinating practitioner or consulting practitioner; and

      (iv)signs the request in the presence of the individual.

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

      NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

      (6)In this section:

      eligible witness means someone who is not an ineligible witness.

      facility—see section 101 (1).

      ineligible witness means someone who—

      (a)is not an adult; or

      (b)knows or believes they are a beneficiary under the will of the individual; or

      (c)knows or believes they may otherwise benefit financially or in any other material way (other than by receiving reasonable fees for the provision of services as a witness) from—

      (i)assisting the individual to access voluntary assisted dying; or

      (ii)the death of the individual; or

      (d)is an owner, or is responsible for the management, of a facility where the individual is a resident; or

      (e)is the individual’s coordinating practitioner or consulting practitioner.

      resident, of a facility—see section 101 (1).

    2. Certification of witness

      (1)Each witness to the signing of an individual’s second request must certify in writing that—

      (a)if the request was signed by the individual making the request—

      (i)the request was signed by the individual in the presence of the witness; and

      (ii)the individual appeared to sign the request voluntarily and without coercion; and

      (b)if the request was signed by an agent in the presence of the witness—

      (i)the individual appeared to ask, voluntarily and without coercion, the agent to sign the request; and

      (ii)the request was signed by the agent; and

      (c)the witness is not knowingly an ineligible witness.

      NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

      (2)In this section:

      agent—see section 27 (3) (c).

      ineligible witness—see section 27 (6).

    3. Recording second request in individual’s health record

      If an individual gives their coordinating practitioner a second request, the coordinating practitioner must record the following information in the individual’s health record:

      (a)the day the second request was made;

      (b)the day the second request was given to the coordinating practitioner.

    4. Notifying board about second request

      (1)Within 4 business days after the day an individual’s coordinating practitioner receives a second request, the coordinating practitioner must give the board a copy of the request.

      Maximum penalty:  20 penalty units.

      (2)An offence against this section is a strict liability offence.

    Division 3.4               Final request and final assessment

    1. Meaning of final assessment requirements

      For this Act, an individual meets the final assessment requirements if—

      (a)the individual has decision-making capacity in relation to voluntary assisted dying; and

      (b)the individual’s decision to access voluntary assisted dying is made voluntarily and without coercion.

    2. Making final request

      (1)An individual who has made a second request may make a further request to their coordinating practitioner for access to voluntary assisted dying (a final request).

      (2)The request must be—

      (a)clear and unambiguous; and

      (b)made personally by the individual.

      (3)The request may be made in writing or orally, or by communicating in any other way the individual can.

    3. Recording final request in individual’s health record

      If an individual makes a final request, the individual’s coordinating practitioner must record the day the final request was made in the individual’s health record.

    4. Notifying board about final request

      (1)Within 4 business days after the day an individual makes a final request, the individual’s coordinating practitioner must—

      (a)prepare a written report of receiving the final request (the final request report) that includes any information prescribed by regulation; and

      (b)give the board a copy of the final request report.

      Maximum penalty (paragraph (b)):  20 penalty units.

      (2)An offence against this section is a strict liability offence.

    5. Coordinating practitioner to undertake final assessment

      As soon as practicable after an individual makes a final request, the individual’s coordinating practitioner must undertake an assessment to decide whether the individual meets the final assessment requirements (a final assessment).

    6. Notifying individual and board about outcome of final assessment

      (1)As soon as practicable after deciding whether the individual meets the final assessment requirements, the coordinating practitioner must tell the individual about the decision.

      (2)After the coordinating practitioner decides whether the individual meets the final assessment requirements, the coordinating practitioner must prepare a written report (a final assessment report) that includes—

      (a)the coordinating practitioner’s decision in relation to the final assessment; and

      (b)any other information prescribed by regulation.

      (3)The coordinating practitioner may attach a copy of any document relevant to their decision to the final assessment report.

      (4)The coordinating practitioner must give a copy of the final assessment report to—

      (a)the board within 4 business days after the day they decide whether the individual meets the final assessment requirements; and

      (b)the individual as soon as practicable after preparing it.

      Maximum penalty (paragraph (a)):  20 penalty units.

      (5)An offence against this section is a strict liability offence.

    Division 3.5               Transfer of coordinating practitioner functions

    1. Transfer request made by coordinating practitioner

      (1)This section applies if an individual’s coordinating practitioner (the original practitioner) is unable or unwilling to exercise their functions as coordinating practitioner.

      (2)The original practitioner must ask another health practitioner to become the individual’s coordinating practitioner (a transfer request) if the individual consents to the request being made.

      (3)Within 4 business days after the day the original practitioner makes a transfer request, the other health practitioner must tell the original practitioner whether the other health practitioner accepts or refuses to accept the request.

      (4)The other health practitioner—

      (a)must refuse to accept the transfer request if they do not meet the coordinating practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

      (b)may refuse to accept the transfer request if they are unable or unwilling to exercise the functions of a coordinating practitioner.

      NoteA health practitioner may refuse to accept a transfer request if they have a conscientious objection (see s 99).

      (5)If the other health practitioner accepts the transfer request, the original practitioner must—

      (a)tell the individual that the request has been accepted; and

      (b)record the request acceptance in the individual’s health record; and

      (c)give the board written notice of the request acceptance as soon as practicable, but not later than 4 business days after the day the original practitioner tells the individual that the request has been accepted; and

      (d)tell the other health practitioner about the notice given under paragraph (c) as soon as practicable after giving the notice.

      Maximum penalty (paragraph (c)):  20 penalty units.

      (6)An offence against this section is a strict liability offence.

      (7)When the original practitioner gives the board notice under subsection (5) (c)—

      (a)the other health practitioner becomes the individual’s coordinating practitioner (the new practitioner); and

      (b)the functions of the original practitioner transfer to the new practitioner.

      (8)The original practitioner must refer the individual to the approved care navigator service if the original practitioner is unable to transfer their functions after taking reasonable steps to do so.

    2. Transfer request made by individual

      (1)This section applies if an individual has a coordinating practitioner.

      (2)The individual may ask another health practitioner to become their coordinating practitioner (a transfer request).

      (3)Within 4 business days after the day the individual makes a transfer request, the other health practitioner must—

      (a)tell the individual whether the other health practitioner accepts or refuses to accept the request; and

      (b)if the other health practitioner refuses to accept the request—refer the individual to the approved care navigator service.

      (4)The other health practitioner—

      (a)must refuse to accept the transfer request if they do not meet the coordinating practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

      (b)may refuse to accept the transfer request if they are unable or unwilling to exercise the functions of a coordinating practitioner.

      NoteA health practitioner may refuse to accept a transfer request if they have a conscientious objection (see s 99).

      (5)If the other health practitioner accepts the transfer request, the other health practitioner must—

      (a)tell the individual’s coordinating practitioner about their acceptance of the request; and

      (b)record the request acceptance in the individual’s health record; and

      (c)give the board written notice of the request acceptance as soon as practicable, but not later than 4 business days after the day the other health practitioner tells the individual that they accept the request.

      Maximum penalty (paragraph (c)):  20 penalty units.

      (6)An offence against this section is a strict liability offence.

      (7)When the other health practitioner gives the board notice under subsection (5) (c)—

      (a)the other health practitioner becomes the individual’s coordinating practitioner (the new practitioner); and

      (b)the coordinating practitioner functions transfer to the new practitioner.

    3. Decisions of previous coordinating practitioner remain valid despite transfer of coordinating practitioner functions

      (1)This section applies if—

      (a)the functions of an individual’s coordinating practitioner are transferred under this division; and

      (b)a previous coordinating practitioner made a decision when they were the coordinating practitioner for the individual—

      (i)under section 16 that the individual—

      (A)met the eligibility requirements; and

      (B)understood the information given to them under section 16 (3); or

      (ii)under section 35 or section 59 (1) (f) (i) that the individual met the final assessment requirements.

      (2)The decision of the previous coordinating practitioner continues to have effect despite the transfer of functions.

    Division 3.6               Miscellaneous

    1. Offence—inducing making or revocation of request for access to voluntary assisted dying

      (1)A person commits an offence if the person, dishonestly or by coercion, induces an individual into making a request for access to voluntary assisted dying.

      Maximum penalty:  imprisonment for 7 years.

      (2)A person commits an offence if the person, dishonestly or by coercion, induces an individual into revoking a request for access to voluntary assisted dying.

      Maximum penalty:  100 penalty units.

      (3)In this section:

      dishonest—a person’s conduct is dishonest if—

      (a)the person’s conduct is dishonest according to the standards of ordinary people; and

      (b)the person knows that the conduct is dishonest according to those standards.

      request for access to voluntary assisted dying means—

      (a)a first request; or

      (b)a second request; or

      (c)a final request.

    Part 4Accessing voluntary assisted dying and death

    Division 4.1               Administration decision

    1. Application—div 4.1

      This division applies if an individual’s coordinating practitioner has—

      (a)decided that the individual meets the final assessment requirements; and

      (b)prepared a final assessment report for the individual.

    2. Making administration decision

      (1)The individual may decide that—

      (a)they will self-administer an approved substance; or

      (b)an approved substance will be administered to them by a health practitioner.

      (2)The decision—

      (a)must be—

      (i)clear and unambiguous; and

      (ii)made personally by the individual; and

      (b)may be made in consultation with, and on the advice of, the individual’s coordinating practitioner.

      (3)The decision—

      (a)may be made in writing or orally, or by communicating in any other way the individual can; and

      (b)takes effect when the individual tells their coordinating practitioner about the decision.

      (4)The individual’s coordinating practitioner must—

      (a)record the decision in the individual’s health record; and

      (b)give the board written notice of the decision within 4 business days after the day the individual tells the coordinating practitioner about the decision.

      Maximum penalty (paragraph (b)):  20 penalty units.

      (5)An offence against this section is a strict liability offence.

    3. Changing administration decision

      (1)If an individual has an administration decision in effect, the individual may, at any time—

      (a)if the individual made a decision that they would self-administer an approved substance—decide instead that an approved substance will be administered to them by a health practitioner; or

      (b)if the individual made a decision that an approved substance would be administered to them by a health practitioner—decide instead that they will self-administer an approved substance.

      (2)The change of decision—

      (a)must be—

      (i)clear and unambiguous; and

      (ii)made personally by the individual; and

      (b)may be made in consultation with, and on the advice of, the individual’s coordinating practitioner.

      (3)The change of decision—

      (a)may be made in writing or orally, or by communicating in any other way the individual can; and

      (b)takes effect when the individual tells their coordinating practitioner about the change of decision.

      (4)The individual’s coordinating practitioner must—

      (a)record the change of decision in the individual’s health record; and

      (b)give the board written notice of the change of decision within 4 business days after the day the individual tells the coordinating practitioner about the change of decision.

      Maximum penalty (paragraph (b)):  20 penalty units.

      (5)An offence against this section is a strict liability offence.

      (6)If the individual changes their administration decision under subsection (1) (a), any contact person appointment in effect ends when the decision is changed.

      (7)If an individual changes their administration decision under subsection (1) (b), the individual must appoint a contact person under section 51.

    4. Administering practitioner

      (1)An individual may ask their coordinating practitioner or another health practitioner (the requested practitioner) to act as their administering practitioner if the individual—

      (a)has made a practitioner administration decision; or

      (b)has changed their administration decision to a practitioner administration decision under section 43 (1) (a).

      (2)Within 4 business days after the day the individual makes a request, the requested practitioner must—

      (a)decide to act or refuse to act as the individual’s administering practitioner; and

      (b)tell the individual about the decision.

      (3)The requested practitioner—

      (a)must refuse to act as the individual’s administering practitioner if they do not meet the administering practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

      (b)may refuse to act as the individual’s administering practitioner if they are unable or unwilling to exercise the functions of an administering practitioner.

      NoteThe coordinating practitioner or health practitioner may refuse to act as the individual’s administering practitioner if they have a conscientious objection (see s 99).

      (4)The requested practitioner becomes the administering practitioner for the individual when they tell the individual that they agree to act as the individual’s administering practitioner.

      (5)If the requested practitioner agrees to act as the individual’s administering practitioner, the practitioner must give the board written notice of their decision within 4 business days after the day they tell the individual about the decision.

      Maximum penalty:  20 penalty units.

      (6)An offence against this section is a strict liability offence.

      (7)If the requested practitioner refuses to act as the individual’s administering practitioner, the practitioner must—

      (a)tell the individual that other health practitioners may be able to assist the individual with their request; and

      (b)give the individual information about—

      (i)another health practitioner who they believe is likely to be able to assist the individual with their request; or

      (ii)the approved care navigator service.

      (8)The requested practitioner must record the following information in the individual’s health record—

      (a)that the request was made;

      (b)the practitioner’s decision;

      (c)if the practitioner refused to act as the individual’s administering practitioner—the steps taken by the practitioner to comply with subsection (7).

    1. Revocation of administration decision

      (1)The individual may revoke an administration decision at any time by—

      (a)for a self‑administration decision—telling their coordinating practitioner that they have decided not to proceed with the self‑administration of an approved substance; or

      (b)for a practitioner administration decision—

      (i)if the individual has an administering practitioner—telling their administering practitioner that they have decided not to proceed with the administration of an approved substance; or

      (ii)in any other case—telling their coordinating practitioner that they have decided not to proceed with the administration of an approved substance.

      (2)An administration decision may be revoked in writing or orally, or by communicating in any other way the individual can.

      (3)If the individual revokes an administration decision under subsection (1) (a) or (b) (ii), their coordinating practitioner must—

      (a)record the revocation in the individual’s health record; and

      (b)give the board written notice of the revocation within 4 business days after the day the individual tells the coordinating practitioner about the revocation.

      Maximum penalty (paragraph (b)):  20 penalty units.

      (4)If the individual revokes an administration decision under subsection (1) (b) (i), their administering practitioner must—

      (a)record the revocation in the individual’s health record; and

      (b)if the administering practitioner is not the individual’s coordinating practitioner—give the individual’s coordinating practitioner written notice of the revocation within 4 business days after the day the individual tells the administering practitioner about the revocation; and

      (c)give the board written notice of the revocation within 4 business days after the day the individual tells the administering practitioner about the revocation.

      Maximum penalty (paragraph (c)):  20 penalty units.

      (5)An offence against this section is a strict liability offence.

    2. Transfer of administering practitioner functions—transfer request made by administering practitioner

      (1)This section applies if—

      (a)an individual has an administering practitioner; and

      (b)the administering practitioner (the original practitioner) is unable or unwilling to exercise their functions as administering practitioner.

      (2)The original practitioner must ask another health practitioner to become the individual’s administering practitioner (a transfer request) if the individual consents to the request being made.

      (3)Within 4 business days after the day the original practitioner makes a transfer request, the other health practitioner must tell the original practitioner whether the other health practitioner accepts or refuses to accept the request.

      (4)The other health practitioner—

      (a)must refuse to accept the transfer request if they do not meet the administering practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

      (b)may refuse to accept the transfer request if they are unable or unwilling to exercise the functions of an administering practitioner.

      NoteA health practitioner may refuse to accept a transfer request if they have a conscientious objection (see s 99).

      (5)If the other health practitioner accepts the transfer request, the original practitioner must—

      (a)tell the individual that the request has been accepted and give the other health practitioner’s name and contact details to the individual; and

      (b)record the request acceptance in the individual’s health record; and

      (c)give the board written notice of the request acceptance as soon as practicable, but not later than 4 business days after the day the original practitioner does the things mentioned in paragraph (a); and

      (d)tell the other health practitioner about the notice given under paragraph (c) as soon as practicable after giving the notice.

      Maximum penalty (paragraph (c)):  20 penalty units.

      (6)An offence against this section is a strict liability offence.

      (7)When the original practitioner gives the board notice under subsection (5) (c)—

      (a)the other health practitioner becomes the individual’s administering practitioner (the new practitioner); and

      (b)the functions of the original practitioner transfer to the new practitioner.

      (8)The original practitioner must refer the individual to the approved care navigator service if the original practitioner is unable to transfer their functions after taking reasonable steps to do so.

    3. Transfer of administering practitioner functions—transfer request made by individual

      (1)This section applies if an individual has an administering practitioner.

      (2)The individual may ask another health practitioner to become their administering practitioner (a transfer request).

      (3)Within 4 business days after the day the individual makes a transfer request, the other health practitioner must—

      (a)tell the individual whether the other health practitioner accepts or refuses to accept the request; and

      (b)if the other health practitioner refuses to accept the request—refer the individual to the approved care navigator service.

      (4)The other health practitioner—

      (a)must refuse to accept the transfer request if they do not meet the administering practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

      (b)may refuse to accept the transfer request if they are unable or unwilling to exercise the functions of an administering practitioner.

      NoteA health practitioner may refuse to accept a transfer request if they have a conscientious objection (see s 99).

      (5)If the other health practitioner accepts the transfer request, the other health practitioner must—

      (a)tell the individual and the individual’s administering practitioner about their acceptance of the request; and

      (b)if the individual’s coordinating practitioner is not the individual’s administering practitioner—tell the coordinating practitioner about the request acceptance; and

      (c)record the request acceptance in the individual’s health record; and

      (d)give the board written notice of the transfer within 4 business days after the day the other health practitioner tells the individual that they accept the request; and

      (e)tell the original practitioner about the notice given under paragraph (d) as soon as practicable after giving the notice.

      Maximum penalty (paragraph (d)):  20 penalty units.

      (6)An offence against this section is a strict liability offence.

      (7)When the other health practitioner gives the board notice under subsection (5) (d)—

      (a)the other health practitioner becomes the individual’s administering practitioner (the new practitioner); and

      (b)the administering practitioner functions transfer to the new practitioner.

    4. Coordinating practitioner functions do not transfer on transfer of administering practitioner functions

      (1)This section applies if—

      (a)the functions of an individual’s administering practitioner (the original practitioner) are transferred to another health practitioner under section 46 or section 47; and

      (b)the original practitioner is the individual’s coordinating practitioner when the administering practitioner functions are transferred.

      (2)The original practitioner remains the coordinating practitioner for the individual.

      NoteThe functions of a coordinating practitioner may be transferred under s 37 or s 38.

    5. Offence—inducing making or revocation of administration decision

      (1)A person commits an offence if the person, dishonestly or by coercion, induces an individual into making an administration decision.

      Maximum penalty:  imprisonment for 7 years.

      (2)A person commits an offence if the person, dishonestly or by coercion, induces an individual into revoking an administration decision.

      Maximum penalty:  100 penalty units.

      (3)In this section:

      dishonest—a person’s conduct is dishonest if—

      (a)the person’s conduct is dishonest according to the standards of ordinary people; and

      (b)the person knows that the conduct is dishonest according to those standards.

    Division 4.2               Contact person

    1. Application—div 4.2

      This division applies if a self-administration decision is in effect for an individual.

    2. Appointment of contact person

      (1)The individual must appoint 1 person to be the individual’s contact person.

      (2)A person can be appointed as the contact person for an individual only if the person—

      (a)is an adult; and

      (b)consents to being appointed as the contact person for the individual.

      (3)Without limiting who can be appointed as the contact person, the individual may appoint their coordinating practitioner or consulting practitioner.

      (4)The appointment must—

      (a)be in writing; and

      (b)be prepared by—

      (i)the individual; or

      (ii)if the individual is unable to prepare the appointment—another person who is an adult and is asked by the individual to prepare it; and

      (c)include any information prescribed by regulation.

      (5)The appointment takes effect when the individual gives their coordinating practitioner the appointment.

      (6)The individual’s coordinating practitioner must give the board a copy of the appointment within 4 business days after the day the coordinating practitioner receives the appointment.

      Maximum penalty:  20 penalty units.

      (7)An offence against this section is a strict liability offence.

    3. Coordinating practitioner must give information to contact person

      Within 4 business days after the day the individual’s coordinating practitioner gives the board a copy of the appointment under section 51 (6), the coordinating practitioner must give the contact person information about—

      (a)the functions of a contact person under this Act; and

      (b)the support services available to assist the contact person to comply with their obligations; and

      (c)any other information prescribed by regulation.

    4. Ending contact person appointment

      (1)The appointment of a contact person may be ended by—

      (a)the individual giving the contact person written notice that they no longer want the person to be their contact person; or

      (b)the contact person giving the individual written notice that they no longer want to be the individual’s contact person.

      (2)A notice under subsection (1) (a) or (b) must include any information prescribed by regulation.

      (3)If a contact person appointment is ended under this section, the individual must—

      (a)tell their coordinating practitioner that the appointment has ended; and

      (b)make another appointment under section 51.

      (4)Within 4 business days after the day the individual tells their coordinating practitioner about the appointment ending, the coordinating practitioner must give the board written notice about the appointment ending.

      Maximum penalty:  20 penalty units.

      (5)An offence against this section is a strict liability offence.

    5. Effect of change or revocation of administration decision on contact person appointment

      (1)This section applies if an individual—

      (a)either—

      (i)changes their administration decision under section 43 (1) (a); or

      (ii)revokes a self-administration decision; and

      (b)has a contact person appointment in effect when the administration decision is changed or revoked.

      (2)The contact person appointment is taken to end when the administration decision is changed or revoked.

    Division 4.3               Dealing with approved substances

    1. Definitions—div 4.3

      (1)In this division:

      possess, an approved substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.

      prescribe, an approved substance, means issue a prescription for the approved substance.

      prescription, in relation to an approved substance, means a written direction (other than a purchase order, requisition or standing order) to an approved supplier to dispense the approved substance.

      supply, an approved substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.

      (2)In this section:

      purchase order—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

      requisition—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

      standing order—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.

    2. Approved substances

      (1)The director‑general may approve a medicine for use under this Act for the purposes of causing an individual’s death.

      (2)In this section:

      medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (1).

    3. Approved suppliers and disposers

      (1)The director-general may approve a health practitioner to—

      (a)supply an approved substance under this Act; or

      (b)dispose of an approved substance under this Act.

      (2)However, the director-general must not approve a health practitioner under subsection (1) unless the health practitioner meets the eligibility requirements prescribed by regulation.

      (3)An approval is a notifiable instrument.

    4. Prescribing approved substances—first prescription

      (1)This section applies if—

      (a)an individual has made an administration decision; and

      (b)if the individual has a self-administration decision in effect—a contact person appointment is in effect for the individual; and

      (c)if the individual has a practitioner administration decision in effect—the individual has an administering practitioner; and

      (d)the individual’s coordinating practitioner has given the individual any information prescribed by regulation.

      (2)The coordinating practitioner may prescribe 1 or more approved substances that, either alone or in combination, are of a sufficient dose to cause the death of the individual.

      (3)A prescription must include any information prescribed by regulation.

      (4)Within 4 business days after the day they prescribe an approved substance under subsection (2), the individual’s coordinating practitioner must give the board written notice of the prescription.

      Maximum penalty:  20 penalty units.

      (5)An offence against this section is a strict liability offence.

    5. Prescribing approved substances—subsequent prescription

      (1)This section applies if—

      (a)an individual has made an administration decision; and

      (b)if the individual has a self-administration decision in effect—a contact person appointment is in effect for the individual; and

      (c)if the individual has a practitioner administration decision in effect—the individual has an administering practitioner; and

      (d)the individual’s coordinating practitioner has issued a prescription under section 58, or previously under this section; and

      (e)the individual’s coordinating practitioner is satisfied that it is appropriate to issue another prescription; and

      (f)the coordinating practitioner has—

      (i)undertaken a new assessment to decide whether the individual meets the final assessment requirements (a further final assessment); and

      (ii)decided that the individual meets the final assessment requirements.

      (2)The coordinating practitioner may prescribe 1 or more approved substances that, either alone or in combination, are of a sufficient dose to cause the death of the individual.

      (3)A prescription must include any information prescribed by regulation.

      (4)Within 4 business days after the day they prescribe an approved substance under subsection (2), the individual’s coordinating practitioner must give the board written notice of the prescription.

      Maximum penalty:  20 penalty units.

      (5)An offence against this section is a strict liability offence.

      (6)Section 36 (Notifying individual and board about outcome of final assessment) applies to a further final assessment as if a reference to a final assessment were a reference to a further final assessment.

    6. Possessing, preparing and supplying approved substances—approved suppliers and couriers

      (1)An approved supplier may—

      (a)possess an approved substance; or

      (b)prepare the substance for the purpose of supplying it under this section.

      (2)If an approved supplier receives a prescription for an approved substance, the supplier may supply the substance to—

      (a)for an individual who has made a self-administration decision—the individual or their contact person; or

      (b)for an individual who has made a practitioner administration decision—the individual’s administering practitioner.

      (3)However, an approved supplier must not supply an approved substance under subsection (2) unless—

      (a)the prescription was issued—

      (i)for any part of the prescription relating to an approved substance that is a controlled medicine—not more than 6 months before the day the supplier supplies the substance; or

      (ii)in any other case—not more than 12 months before the day the supplier supplies the substance; and

      (b)the supplier is satisfied about—

      (i)the authenticity of the prescription; and

      (ii)the identity of the coordinating practitioner who issued the prescription; and

      (iii)the identity of the individual, contact person or administering practitioner to whom the approved substance is being supplied; and

      (c)the supplier has labelled the substance in accordance with any substance labelling requirements prescribed by regulation; and

      (d)the supplier complies with any other requirements about the supply of an approved substance prescribed by regulation; and

      (e)if the prescription is a subsequent prescription issued under section 59 and an approved substance was previously supplied for an individual under another prescription—the supplier is satisfied that the previously supplied substance has been—

      (i)given to an approved disposer; or

      (ii)reported as lost or stolen in accordance with the Medicines, Poisons and Therapeutic Goods Act 2008, section 39; and

      (f)the supplier supplies the substance to the person—

      (i)personally; or

      (ii)using a courier in the circumstances prescribed by regulation.

      (4)An approved supplier commits an offence if the supplier—

      (a)supplies an approved substance to a person under subsection (2); and

      (b)does not personally supply the substance to the person; and

      (c)does not supply the substance in accordance with subsection (3) (f) (ii).

      Maximum penalty:  20 penalty units.

      (5)A courier may do any of the following in relation to an approved substance:

      (a)receive the substance from an approved supplier for a purpose mentioned in paragraph (b) or (c);

      (b)possess the substance for the purpose mentioned in paragraph (c);

      (c)deliver the substance to the person to whom it is addressed.

      (6)A courier must comply with any requirements prescribed by regulation when doing a thing mentioned in subsection (5).

      Maximum penalty:  20 penalty units.

      (7)If an approved supplier supplies an approved substance under subsection (2), the supplier must, within 4 business days after the day they supply the substance—

      (a)prepare a written record of the supply (a supply record) that includes any information prescribed by regulation; and

      (b)give a copy of the supply record to—

      (i)the board; and

      (ii)the director‑general.

      Maximum penalty (paragraph (b) (i)):  20 penalty units.

      (8)An offence against subsection (7) (b) (i) is a strict liability offence.

      (9)The approved supplier must keep the supply record for at least 2 years after the day they supply the approved substance.

      (10)In this section:

      controlled medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (2).

      courier means a person who meets the requirements prescribed by regulation.

    1. Receiving, possessing, preparing and administering approved substances—individuals and other people

      (1)This section applies if—

      (a)a self-administration decision is in effect for an individual; and

      (b)the individual’s coordinating practitioner has prescribed an approved substance under section 58 or section 59.

      (2)The individual may do the following in relation to the approved substance:

      (a)receive the substance from an approved supplier;

      (b)receive the substance from their contact person if the contact person has received the substance from an approved supplier;

      (c)give the substance to another individual for a purpose mentioned in subsection (6);

      (d)possess the substance for a purpose mentioned in paragraph (e) or (f);

      (e)prepare the substance for self-administration;

      (f)self-administer the substance.

      (3)The individual’s contact person may do the following in relation to the approved substance:

      (a)receive the substance from an approved supplier;

      (b)possess the substance for the purpose of giving it to the individual;

      (c)give the substance to the individual.

      (4)Within 4 business days after the day the contact person gives an approved substance to the individual under subsection (3) (c), the contact person must tell the board, by written notice, that they have given the substance to the individual.

      Maximum penalty:  20 penalty units.

      (5)An offence against this section is a strict liability offence.

      (6)If the individual asks an adult (the assisting person), to prepare the approved substance for the individual, the assisting person may do the following:

      (a)receive the substance from the individual;

      (b)possess the substance for a purpose mentioned in paragraph (c) or (d);

      (c)prepare the substance for the individual to self-administer;

      (d)give the substance to the individual.

      Example

      The individual asks their contact person to dissolve an approved substance so that the individual can self-administer the substance. The contact person may receive the substance from the individual, dissolve the substance and return the prepared mixture to the individual.

      (7)In this section:

      give, for an approved substance, does not include administer.

      receive, for an approved substance, does not include receive by administration.

    2. Giving approved substances to administering practitioner after change of administration decision—individuals

      (1)This section applies if—

      (a)an individual changes their administration decision under section 43 (1) (a); and

      (b)the individual is in possession of an approved substance when a health practitioner becomes their administering practitioner.

      (2)The individual must give the approved substance to the health practitioner as soon as practicable after the health practitioner becomes their administering practitioner.

      (3)Within 4 business days after the day an individual gives an approved substance to their administering practitioner under subsection (2), the administering practitioner must tell the board, by written notice, that they have received the substance from the individual.

      Maximum penalty:  20 penalty units.

      (4)An offence against this section is a strict liability offence.

    3. Receiving and possessing approved substances—administering practitioner

      (1)This section applies if—

      (a)a practitioner administration decision is in effect for an individual; and

      (b)the individual’s coordinating practitioner has prescribed an approved substance under section 58 or section 59.

      (2)The individual’s administering practitioner may—

      (a)receive the approved substance from an approved supplier for a purpose mentioned in section 66 (2); and

      (b)possess the approved substance for a purpose mentioned in section 66 (2).

    4. Receiving and possessing approved substances after change of administration decision—administering practitioner

      (1)This section applies if an individual changes their administration decision under section 43 (1) (a).

      (2)The individual’s administering practitioner may—

      (a)receive an approved substance from the individual for a purpose mentioned in section 66 (2); and

      (b)possess the approved substance for a purpose mentioned in section 66 (2).

    5. Giving, receiving and possessing approved substances—transfer of administering practitioner functions

      (1)This section applies if—

      (a)the administering practitioner functions for an individual are transferred under section 46 or section 47; and

      (b)the original administering practitioner is in possession of an approved substance for the individual when the transfer takes effect.

      (2)Within 14 days after the day the administering practitioner functions are transferred, the new administering practitioner may ask the original administering practitioner to give the approved substance to the new administering practitioner.

      (3)The original administering practitioner must comply with a request under subsection (2) within 2 days after the day it is made.

      Maximum penalty:  100 penalty units.

      (4)If the original administering practitioner gives the substance to the new administering practitioner, the new administering practitioner may—

      (a)receive the substance for a purpose mentioned in section 66 (2); and

      (b)possess the substance for a purpose mentioned in section 66 (2).

      (5)Within 4 business days after the day the original administering practitioner gives an approved substance to the new administering practitioner, the original administering practitioner must—

      (a)tell the board, by written notice, that they have given the substance to the new administering practitioner; and

      (b)tell the director-general, by written notice, that—

      (i)the individual has a new administering practitioner; and

      (ii)the original administering practitioner has given the substance to the new administering practitioner.

      Maximum penalty (paragraph (a)):  20 penalty units.

      (6)A written notice given under subsection (5) (b) must include any information prescribed by regulation.

      (7)An offence against subsection (5) (a) is a strict liability offence.

    6. Administering approved substances—administering practitioner

      (1)This section applies if—

      (a)a practitioner administration decision is in effect for an individual; and

      (b)the individual’s coordinating practitioner has prescribed an approved substance under section 58 or section 59.

      (2)The individual’s administering practitioner may do the following in relation to the approved substance:

      (a)prepare the substance for administration to the individual;

      (b)administer the substance to the individual.

      (3)However, the individual’s administering practitioner must not administer the approved substance to the individual unless the administering practitioner—

      (a)is satisfied, immediately before administering the substance, that the individual—

      (i)has decision‑making capacity in relation to voluntary assisted dying; and

      (ii)is acting voluntarily and without coercion; and

      (b)administers the substance in the presence of an eligible witness.

      (4)The witness to the administration of the approved substance must certify by written statement (a witness certificate) that—

      (a)the individual appeared to be acting voluntarily and without coercion; and

      (b)the approved substance was administered to the individual in the presence of the witness.

      (5)The witness must give the administering practitioner a copy of the witness certificate.

      (6)In this section:

      eligible witness means someone who is an adult.

    7. Giving, receiving and possessing approved substances—change in contact person

      (1)This section applies if—

      (a)a self-administration decision is in effect for an individual; and

      (b)an approved supplier has supplied an approved substance under section 60; and

      (c)the appointment of the individual’s contact person ends and the contact person (the original contact person) is in possession of the approved substance when their appointment ends.

      (2)Within 14 days after the day the appointment ends, the individual may ask the original contact person to give the approved substance to—

      (a)the individual; or

      (b)if the individual has appointed another contact person (a new contact person)—the new contact person.

      (3)The original contact person must comply with a request under subsection (2) within 2 days after the day it is made.

      Maximum penalty:  100 penalty units.

      (4)The new contact person may receive the approved substance from the original contact person for a purpose mentioned in section 61 (3) (b) or (c).

      (5)Within 4 business days after the original contact person gives an approved substance to another person under subsection (2), the original contact person must—

      (a)tell the board, by written notice, that they have given the substance to the individual or the new contact person; and

      (b)tell the director-general, by written notice, that—

      (i)the individual has a new contact person; and

      (ii)the original contact person has given the substance to the individual or the new contact person.

      Maximum penalty (paragraph (a)):  20 penalty units.

      (6)A written notice given under subsection (5) (b) must include any information prescribed by regulation.

      (7)An offence against subsection (5) (a) is a strict liability offence.

    8. Giving approved substances to approved disposer if administration decision revoked—individual or contact person

      (1)This section applies if—

      (a)an individual revokes their self-administration decision; and

      (b)the individual or their contact person is in possession of an approved substance when the self-administration decision is revoked.

      (2)The individual or contact person must give the approved substance to an approved disposer as soon as practicable, but not later than 14 days after the day the self-administration decision is revoked.

      Maximum penalty:  100 penalty units.

    9. Giving approved substances to approved disposer if individual dies or contact person appointment ends—contact person

      (1)This section applies if—

      (a)a self-administration decision is in effect for an individual; and

      (b)an approved supplier has supplied an approved substance under section 60; and

      (c)either—

      (i)the appointment of the individual’s contact person ends and the contact person is not required to give the approved substance to the individual or a new contact person under section 67; or

      (ii)the individual dies from any cause; and

      (d)the contact person is in possession of the approved substance at the time of the appointment ending or the individual dying.

      (2)The contact person—

      (a)may possess any remaining approved substance for the purpose mentioned in paragraph (b); and

      (b)must give any remaining approved substance to an approved disposer as soon as practicable, but not later than 14 days after the day of whichever event mentioned in subsection (1) (c) happens.

      Maximum penalty (paragraph (b)):  100 penalty units.

    10. Giving approved substances to approved disposer—administering practitioner

      (1)This section applies if—

      (a)a practitioner administration decision is in effect for an individual; and

      (b)the individual’s administering practitioner is in possession of an approved substance; and

      (c)any of the following happen:

      (i)the individual revokes the practitioner administration decision;

      (ii)the individual dies from any cause;

      (iii)the administering practitioner is satisfied that the substance is not suitable for administration to the individual.

      (2)The administering practitioner—

      (a)may possess the approved substance for the purpose mentioned in paragraph (b); and

      (b)must give the approved substance to an approved disposer as soon as practicable, but not later than 14 days after the day of whichever event mentioned in subsection (1) (c) happens.

    11. Giving approved substances to approved disposer—transfer of administering practitioner functions

      (1)This section applies if—

      (a)the administering practitioner functions for an individual are transferred under section 46 or section 47; and

      (b)the original administering practitioner is in possession of an approved substance for the individual when the transfer takes effect; and

      (c)the original administering practitioner is not required to give the approved substance to the new administering practitioner under section 65 (Giving, receiving and possessing approved substances—transfer of administering practitioner functions).

      (2)The original administering practitioner—

      (a)may possess the approved substance for the purpose mentioned in paragraph (b); and

      (b)must give the approved substance to an approved disposer as soon as practicable, but not later than 14 days after the day the transfer takes effect.

    12. Giving expired approved substances to approved disposer

      (1)This section applies if—

      (a)an approved supplier has supplied an approved substance under section 60; and

      (b)the approved substance is not used before it expires; and

      (c)the individual or another person is in possession of the substance.

      (2)The individual or other person—

      (a)may possess the approved substance for the purpose mentioned in paragraph (b); and

      (b)must give the approved substance to an approved disposer as soon as practicable, but not later than 14 days after the day they become aware that the substance has expired.

      Maximum penalty (paragraph (b)):  100 penalty units.

    13. Disposal of approved substances by approved disposer

      (1)This section applies if an approved disposer receives an approved substance from a person.

      (2)The approved disposer—

      (a)must, when they receive the approved substance, give the person a written record of receiving the substance that includes any information prescribed by regulation; and

      (b)must, within 4 business days after the day they receive the approved substance, give the following entities a written notice of having received the substance that includes any information prescribed by regulation:

      (i)the board;

      (ii)the director-general; and

      (c)may possess the approved substance for the purpose of disposing of it; and

      (d)must, as soon as practicable after receiving the approved substance, dispose of it in accordance with any disposal requirements prescribed by regulation.

      Maximum penalty (paragraph (b) (i)):  20 penalty units.

      (3)Within 7 days after the day an approved disposer disposes of an approved substance, the disposer must—

      (a)prepare a written record of the disposal (a disposal record) that includes any information prescribed by regulation; and

      (b)give the board a copy of the disposal record.

      Maximum penalty (paragraph (b)):  20 penalty units.

      (4)An offence against this section is a strict liability offence.

      (5)The approved disposer must keep the disposal record for at least 2 years after the day they dispose of the approved substance.

    14. Storage of approved substances

      A person who possesses an approved substance under this division must store the substance in accordance with any storage requirements prescribed by regulation.

      Maximum penalty:  20 penalty units.

    15. Offence—unauthorised administration of approved substance

      (1)A person commits an offence if the person—

      (a)administers an approved substance to an individual; and

      (b)is not authorised to administer the approved substance to the individual under section 66 (Administering approved substances—administering practitioner).

      Maximum penalty:  imprisonment for 7 years.

      (2)This section does not apply if the person administers a medicine to another person under the Medicines, Poisons and Therapeutic Goods Act 2008.

      NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

      (3)In this section:

      medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (1).

    16. Offence—inducing self-administration of approved substance

      (1)A person commits an offence if the person, dishonestly or by coercion, induces an individual into self‑administering an approved substance.

      Maximum penalty:  imprisonment for 7 years.

      (2)In this section:

      dishonest—a person’s conduct is dishonest if—

      (a)the person’s conduct is dishonest according to the standards of ordinary people; and

      (b)the person knows that the conduct is dishonest according to those standards.

    Division 4.4               Notifications about death

    1. Application—div 4.4

      This division applies if an individual dies while an administration decision is in effect for them.

    2. Contact person to tell coordinating practitioner about death

      (1)This section applies if—

      (a)an individual dies of any cause; and

      (b)there is a contact person appointment in effect when the individual dies.

      (2)The individual’s contact person must, within 4 business days after the day they become aware of the individual’s death, tell the individual’s coordinating practitioner about the death.

    3. Coordinating practitioner to notify board and director-general about death

      (1)This section applies if the individual dies of any cause.

      (2)Within 4 business days after the day the individual’s coordinating practitioner becomes aware of the individual’s death, the coordinating practitioner must give written notice of the death to—

      (a)the board; and

      (b)the director‑general.

      Maximum penalty (paragraph (a)):  20 penalty units.

      (3)An offence against this section is a strict liability offence.

    4. Administering practitioner to notify board, coordinating practitioner and director-general about death

      (1)This section applies if—

      (a)the individual dies of any cause; and

      (b)there is a practitioner administration decision in effect when the individual dies; and

      (c)the individual’s administering practitioner is not—

      (i)the individual’s coordinating practitioner; or

      (ii)required to give the board an administration certificate under section 81.

      (2)Within 4 business days after the day the administering practitioner becomes aware of the individual’s death, the administering practitioner must—

      (a)give written notice of the death to—

      (i)the board; and

      (ii)the director-general; and

      (b)if the administering practitioner is not the individual’s coordinating practitioner—tell the coordinating practitioner about the death.

      Maximum penalty (paragraph (a) (i)):  20 penalty units.

      (3)An offence against this section is a strict liability offence.

    5. Administration certificate

      (1)This section applies if an individual dies after their administering practitioner administers an approved substance to them.

      (2)The administering practitioner must give the director‑general written notice of the death within 4 business days after the day the individual dies.

      (3)The administering practitioner must prepare a written certificate (an administration certificate) certifying—

      (a)that the individual made a practitioner administration decision; and

      (b)that the individual did not revoke the practitioner administration decision before the approved substance was administered; and

      (c)that the administering practitioner is satisfied that, immediately before administering the approved substance to the individual—

      (i)the individual had decision‑making capacity in relation to voluntary assisted dying; and

      (ii)the individual was acting voluntarily and without coercion; and

      (d)any other matter prescribed by regulation.

      NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

      (4)Within 4 business days after the day the administering practitioner administers the approved substance to the individual, the administering practitioner must give the board a copy of—

      (a)the administration certificate; and

      (b)the witness certificate.

      Maximum penalty:  20 penalty units.

      (5)An offence against this section is a strict liability offence.

      (6)In this section:

      witness certificate—see section 66 (4).

    1. Parties to application for review

      The following people are parties to an application for review:

      (a)if the individual about whom the reviewable decision was made is not the applicant—the individual;

      (b)if the decision‑maker is not the individual’s coordinating practitioner—the coordinating practitioner.

      NoteThe applicant and the decision‑maker are also parties to an application (see ACT Civil and Administrative Tribunal Act 2008, s 29 (1)).

    2. Application for review suspends process for accessing voluntary assisted dying

      (1)This section applies if an affected person applies to the ACAT for review of a reviewable decision.

      (2)If the request and assessment process for the individual is not complete, the request and assessment process is suspended until the earlier of—

      (a)the day the application for review is withdrawn; and

      (b)the day the application for review (including any appeal) is finalised.

      (3)If the request and assessment process for the individual is complete, the application of part 4 (Accessing voluntary assisted dying and death) is suspended until the earlier of—

      (a)the day the application for review is withdrawn; and

      (b)the day the application for review (including any appeal) is finalised.

      (4)For this section, a request and assessment process for an individual is complete if the individual’s coordinating practitioner has prepared a final assessment report for the individual under section 36 (2).

    3. Registrar must give notice of application for review

      Within 2 days after the day an affected person applies for review of a reviewable decision, the registrar must give a copy of the application to—

      (a)each party to the application; and

      (b)if the individual has a consulting practitioner and the consulting practitioner is not a party to the application—the consulting practitioner; and

      (c)the board; and

      (d)any other person the ACAT directs a copy of the application be given to.

    4. Application for review taken to be withdrawn if individual dies

      (1)This section applies if—

      (a)an application for review of a reviewable decision is made under section 136; and

      (b)the individual about whom the reviewable decision was made dies.

      (2)The application is taken to be withdrawn.

      (3)The registrar must, as soon as practicable after becoming aware of the individual’s death, give notice of the withdrawal to—

      (a)any person who was given notice of the application under section 139; and

      (b)any other person the ACAT directs a copy of the notice be given to.

    Division 10.3            Procedural matters

    1. Coordinating practitioner and consulting practitioner must give documents to ACAT

      (1)If the registrar gives an individual’s coordinating practitioner or consulting practitioner a copy of an application for review, the registrar must also give the coordinating practitioner or consulting practitioner written notice requiring them to give the ACAT any documents that are—

      (a)in their possession or under their control; and

      (b)relevant to the decision being reviewed.

      (2)The coordinating practitioner or consulting practitioner must give the ACAT the documents mentioned in subsection (1) not later than 2 days after the day the registrar gives them the notice.

    2. Hearings must take place in private

      (1)The hearing of an application for review of a reviewable decision must take place in private.

      (2)The ACAT may make an order allowing stated people to be present at the hearing if satisfied that it is appropriate to make the order.

    3. Non-publication orders

      (1)The ACAT may, on application by a party or on its own initiative, make an order prohibiting or restricting—

      (a)the publication of—

      (i)evidence given at the hearing; or

      (ii)matters contained in documents filed with the tribunal or received in evidence by the tribunal for the hearing; or

      (b)the disclosure to some or all of the parties to the application of—

      (i)evidence given at the hearing; or

      (ii)matters contained in documents filed with the tribunal or received in evidence by the tribunal for the hearing.

      (2)A person must not contravene an order made under subsection (1).

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

    4. Members constituting ACAT

      For a proceeding under this part, the ACAT may be made up of a presidential member alone, but not a non‑presidential member alone.

    Division 10.4            Decisions of ACAT

    1. Orders following review of reviewable decision

      (1)If the ACAT reviews a reviewable decision, the ACAT must, by order, decide that the individual—

      (a)for a reviewable decision mentioned in schedule 1, items 1, 2, 7, 8, 13, 14, 17 or 18—

      (i)has decision‑making capacity in relation to voluntary assisted dying; or

      (ii)does not have decision‑making capacity in relation to voluntary assisted dying; and

      (b)for a reviewable decision mentioned in schedule 1, items 3, 4, 9, 10, 15, 16, 19 or 20—

      (i)is acting voluntarily and without coercion; or

      (ii)is not acting voluntarily and without coercion; and

      (c)for a reviewable decision mentioned in schedule 1, items 5, 6, 11 or 12—

      (i)has lived in the ACT for at least the previous 12 months; or

      (ii)has not lived in the ACT for at least the previous 12 months.

      (2)An order made under subsection (1) takes effect—

      (a)on the day the order is made; or

      (b)if a later date is stated in the order—on the stated date.

    2. Effect of ACAT decision that individual meets relevant requirement

      (1)This section applies if the ACAT—

      (a)makes any of the following orders under section 145:

      (i)an order that the individual has decision‑making capacity in relation to voluntary assisted dying;

      (ii)an order that the individual is acting voluntarily and without coercion;

      (iii)an order that the individual has lived in the ACT for at least the previous 12 months; and

      (b)does not also make any of the following orders under section 145 in the same proceeding:

      (i)an order that the individual does not have decision‑making capacity in relation to voluntary assisted dying;

      (ii)an order that the individual is not acting voluntarily and without coercion;

      (iii)an order that the individual has not lived in the ACT for at least the previous 12 months.

      (2)The order is taken to be the decision of the decision‑maker for the reviewable decision.

    3. Effect of ACAT decision that individual does not meet relevant requirement

      (1)This section applies if the ACAT makes any of the following orders under section 145:

      (a)an order that the individual does not have decision‑making capacity in relation to voluntary assisted dying;

      (b)an order that the individual is not acting voluntarily and without coercion;

      (c)an order that the individual has not lived in the ACT for at least the previous 12 months.

      (2)If the order relates to a reviewable decision mentioned in schedule 1, items 1 to 12—

      (a)the individual is taken not to have met the eligibility requirements; and

      (b)the request and assessment process for the individual ends.

      (3)If the order relates to a reviewable decision mentioned in schedule 1, items 13 to 20—

      (a)the individual is taken not to have met the final assessment requirements; and

      (b)the request and assessment process for the individual ends; and

      (c)part 4 (Accessing voluntary assisted dying and death) does not apply to the individual.

    4. Registrar must give decision to consulting practitioner if consulting practitioner not party

      (1)This section applies if—

      (a)an individual about whom a reviewable decision was made has a consulting practitioner; and

      (b)an application for review of the decision is made and the consulting practitioner is not a party to the application; and

      (c)a final order is made in relation to the application (including any appeal).

      (2)The registrar must give the consulting practitioner a copy of the final order as soon as practicable after the ACAT makes the order.

    5. Coordinating practitioner must give copy of ACAT decision to board

      (1)This section applies if—

      (a)the ACAT makes a final order in relation to the application for review (including any appeal); and

      (b)the registrar gives the individual’s coordinating practitioner a copy of the final order.

      (2)Within 4 business days after the day the registrar gives the coordinating practitioner a copy of the final order, the coordinating practitioner must give the board a copy of the order.

      Maximum penalty:  20 penalty units.

      (3)An offence against this section is a strict liability offence.

    Part 11Review of other decisions

    1. Definitions—pt 11

      In this part:

      affected person, for a reviewable decision, means the person mentioned in schedule 2, column 4 in relation to the decision.

      reviewable decision means a decision mentioned in schedule 2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

    2. Reviewable decision notices

      If the director‑general makes a reviewable decision, the director‑general must give a reviewable decision notice to each affected person.

      NoteThe director-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

    3. Applications for review

      An affected person may apply to the ACAT for a review of a reviewable decision.

    Part 12Miscellaneous

    1. Exercise of enforcement powers under Medicines, Poisons and Therapeutic Goods Act 2008

      (1)A medicines and poisons inspector may exercise their powers under the Medicines, Poisons and Therapeutic Goods Act 2008, chapter 7 (Enforcement) for the purpose of investigating, monitoring and enforcing compliance with this Act.

      (2)For subsection (1), a reference in that chapter to an offence against that Act is taken to be a reference to an offence against this Act.

      (3)In this section:

      medicines and poisons inspector—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 99.

    2. Residency exemptions

      (1)The director-general must, on application, grant an individual an exemption from the eligibility requirement mentioned in section 11 (1) (f) (i) if satisfied that the individual has a substantial connection to the ACT.

      Examples—substantial connection to the ACT

      1     an individual who has lived in a place close to the ACT border for at least the previous 12 months and who works in the ACT or receives medical treatment in the ACT

      2     an individual who has moved to the ACT so that family, friends or carers who live in the ACT can provide care and support to the individual

      3     an individual who previously lived in the ACT and whose family, friends or carers live in the ACT

      4     an Aboriginal or Torres Strait Islander individual who has substantial connections with the ACT community and wishes to die on Country

      5     an individual who has lived in the ACT for less than 12 months but who was diagnosed with a condition mentioned in s 11 (1) (b) after moving to the ACT

      (2)An application must—

      (a)be in writing; and

      (b)include details about the individual’s substantial connection to the ACT; and

      (c)include any information prescribed by regulation.

    3. Requirements for health professionals when raising voluntary assisted dying as an end of life choice

      (1)A doctor or nurse practitioner with the necessary expertise may raise voluntary assisted dying with an individual for the individual to consider their end of life choices only if the doctor or nurse practitioner—

      (a)knows or believes on reasonable grounds that the individual has been diagnosed with a condition or conditions mentioned in section 11 (1) (b); and

      (b)takes reasonable steps to ensure the individual knows of—

      (i)the treatment options available for the condition or conditions; and

      (ii)the likely outcome of the treatment options; and

      (iii)the palliative care options available to the individual; and

      (iv)the likely outcome of the palliative care options.

      (2)A relevant health professional may raise voluntary assisted dying with an individual for the individual to consider their end of life choices only if the relevant health professional—

      (a)knows or believes on reasonable grounds that the individual has been diagnosed with a condition or conditions mentioned in section 11 (1) (b); and

      (b)takes reasonable steps to ensure the individual knows that—

      (i)treatment and palliative care options are available to the individual; and

      (ii)the individual should discuss the options with their treating doctor.

      (3)In this section:

      necessary expertise—a doctor or nurse practitioner has the necessary expertise if they are satisfied that they have the expertise to appropriately discuss treatment and palliative care options with an individual.

      relevant health professional means—

      (a)a counsellor who meets the requirements prescribed by regulation; or

      (b)a health practitioner other than a doctor or nurse practitioner with the necessary expertise; or

      (c)a social worker who meets the requirements prescribed by regulation; or

      (d)any other health professional prescribed by regulation.

    4. Interpreters

      (1)An interpreter for an individual who is accessing voluntary assisted dying or requesting access to voluntary assisted dying must not—

      (a)be a family member of the individual; or

      (b)know or believe they are a beneficiary under the will of the individual; or

      (c)know or believe they may otherwise benefit financially or in any other material way (other than by receiving reasonable fees for the provision of interpreting services) from—

      (i)assisting the individual to access voluntary assisted dying; or

      (ii)the death of the individual; or

      (d)be an owner, or be responsible for the management, of a facility where the individual is a resident; or

      (e)be directly involved in providing a health service, aged care service or personal care service to the individual.

      (2)Despite subsection (1), the director‑general may authorise an interpreter to provide interpretation services for an individual requesting access to voluntary assisted dying if the director‑general is satisfied that—

      (a)no other interpreter is reasonably available; or

      (b)there are exceptional circumstances for the authorisation.

      (3)In this section:

      health service—see the Health Act 1993, section 5.

      facility—see section 101 (1).

      personal care service—see section 101 (2).

      resident, of a facility—see section 101 (1).

    5. Technical error does not invalidate processes

      (1)The following errors and failures do not affect the validity of a request and assessment process or administration process:

      (a)a formal error in, or in relation to—

      (i)a report, record or other notice given to the board by a relevant practitioner under part 3 (Request and assessment process for access to voluntary assisted dying) or part 4 (Accessing voluntary assisted dying and death); or

      (ii)a relevant practitioner telling a person about a decision under part 3 or part 4;

      (b)a failure by a relevant practitioner to do a thing mentioned in paragraph (a) (i) or (ii) within the stated time.

      (2)In this section:

      administration process means the process that consists of the following steps:

      (a)an administration decision;

      (b)a contact person appointment;

      (c)administration of an approved substance by or to an individual.

      formal error means—

      (a)a minor or technical error; or

      (b)a clerical error; or

      (c)a defect of form.

      relevant practitioner means a coordinating practitioner, consulting practitioner, administering practitioner or other health practitioner who exercises a function under part 3 or part 4.

    6. Approved care navigator service

      (1)The director‑general may approve 1 entity to be the voluntary assisted dying care navigator service for this Act.

      (2)An approval is a notifiable instrument.

      (3)The purpose of the approved care navigator service is to provide support, assistance and information to people relating to voluntary assisted dying.

    7. Director-general may make guidelines

      (1)The director-general may make guidelines for this Act.

      (2)The guidelines must be consistent with the objects and principles of this Act.

      (3)A guideline is a disallowable instrument.

      (4)A person must comply with a guideline applying to the person.

    8. Use or divulge protected information

      (1)A person commits an offence if—

      (a)the person uses information; and

      (b)the information is protected information about someone else; and

      (c)the person is reckless about whether the information is protected information about someone else.

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

      (2)A person commits an offence if—

      (a)the person does something that divulges information; and

      (b)the information is protected information about someone else; and

      (c)the person is reckless about whether—

      (i)the information is protected information about someone else; and

      (ii)doing the thing would result in the information being divulged to someone else.

      Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

      (3)Subsections (1) and (2) do not apply—

      (a)if the information is used or divulged—

      (i)under this Act or another law applying in the ACT; or

      (ii)in relation to the exercise of a function by a person under this Act or another law applying in the ACT; or

      (iii)in a court proceeding; or

      (b)to the using or divulging of protected information about a person with the person’s consent.

      (4)A person need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the ACT.

      (5)In this section:

      court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

      divulge includes—

      (a)communicate; or

      (b)publish.

      produce includes allow access to.

      protected information means information about a person that is disclosed to, or obtained by another person because of the exercise, or the purported exercise, of a function under this Act by the other person or someone else.

      use, in relation to information, includes make a record of the information.

    9. Regulation-making power

      The Executive may make regulations for this Act.

    10. Review of Act

      (1)The Minister must review the operation and effectiveness of this Act as soon as practicable—

      (a)3 years after the day this section commences; and

      (b)every 5 years after the first review of this Act is presented to the Legislative Assembly.

      (2)The first review must include a review in relation to the following matters:

      (a)section 11 (3), definition of advanced;

      (b)whether an individual should be allowed access to voluntary assisted dying under this Act if the individual—

      (i)has lived in the ACT for less than 12 months and is not eligible for an exemption under section 154; or

      (ii)is a child with decision-making capacity in relation to voluntary assisted dying; or

      (iii)seeks to access voluntary assisted dying through advanced care planning.

      (3)The Minister must present a report of each review to the Legislative Assembly.


    Schedule 1Reviewable decisions—coordinating practitioner, consulting practitioner and administering practitioner decisions

    (see pt 10)

    column 1

    item

    column 2

    section

    column 3

    reviewable decision

    column 4

    decision-maker

    1 16 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (d) individual’s coordinating practitioner
    2 16 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (d) individual’s coordinating practitioner
    3 16 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (e) individual’s coordinating practitioner
    4 16 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (e) individual’s coordinating practitioner
    5 16 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s coordinating practitioner
    6 16 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s coordinating practitioner
    7 23 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (d) individual’s consulting practitioner
    8 23 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (d) individual’s consulting practitioner
    9 23 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (e) individual’s consulting practitioner
    10 23 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (e) individual’s consulting practitioner
    11 23 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s consulting practitioner
    12 23 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s consulting practitioner
    13 35 individual meets the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner
    14 35 individual does not meet the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner
    15 35 individual meets the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner
    16 35 individual does not meet the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner
    17 59 (1) (f) (i) individual meets the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner
    18 59 (1) (f) (i) individual does not meet the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner
    19 59 (1) (f) (i) individual meets the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner
    20 59 (1) (f) (i) individual does not meet the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner

    Schedule 2Reviewable decisions—other decisions

    (see pt 11)

    column 1

    item

    column 2

    section

    column 3

    decision

    column 4

    affected person

    1 92 (b) refuse to authorise person to be coordinating practitioner, consulting practitioner or administering practitioner applicant for authorisation
    2 95 (a) revoke authorisation because authorised practitioner no longer eligible for authorisation authorised practitioner
    3 154 (1) refuse to grant residency exemption applicant for exemption

    Dictionary

    (see s 3)

    NoteThe Legislation Act contains definitions relevant to this Act. For example:

    ·     ACAT

    ·     adult

    ·     ambulance service

    ·     bankrupt or personally insolvent

    ·     business day

    ·     child

    ·     doctor

    ·     health practitioner

    ·     individual

    ·     nurse

    ·     nurse practitioner

    ·     public employee

    ·     the Territory.

    administer, for an approved substance, means to introduce the substance into the body of an individual by any means.

    administering practitioner, for an individual, means—

    (a)the individual mentioned in section 44 (4); or

    (b)if the functions of the administering practitioner are transferred to another health practitioner under section 46 or section 47—that health practitioner.

    administration decision means a practitioner administration decision or a self-administration decision.

    affected person, for a reviewable decision—

    (a)for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see section 134; and

    (b)for part 11 (Review of other decisions)—see section 150.

    approved care navigator service means the entity approved under section 158.

    approved disposer means a health practitioner approved under section 57 (1) (b).

    approved substance means a medicine approved under section 56.

    approved supplier means a health practitioner approved under section 57 (1) (a).

    authorised administering practitioner, for part 5 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 86.

    authorised consulting practitioner, for part 5 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 86.

    authorised coordinating practitioner, for part 5 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 86.

    authorised practitioner, for division 5.2 (Authorised practitioners)—see section 87.

    board means the Voluntary Assisted Dying Oversight Board established under section 110.

    care service, for part 7 (Obligations of facility operators)—see section 101 (1).

    conduct, for part 9 (Protection from liability)—see section 128.

    conscientious objection, in relation to voluntary assisted dying, means a religious or other conscientious objection to voluntary assisted dying.

    consulting assessment—see section 23 (1).

    consulting assessment report—see section 25 (1) (a).

    consulting practitioner, for an individual, means the person mentioned in section 22 (4).

    contact person, for an individual, means the person appointed by the individual as a contact person under section 51.

    coordinating practitioner, for an individual, means—

    (a)the person mentioned in section 14 (4); or

    (b)if the functions of the coordinating practitioner are transferred to another health practitioner under section 37 or section 38—that health practitioner.

    deciding practitioner, for a decision about the transfer of an individual, for division 7.2 (Information and access obligations)—see section 103 (1).

    decision‑maker, for a reviewable decision, for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see section 134.

    decision‑making capacity, in relation to voluntary assisted dying—see section 12.

    eligibility requirements—see section 11.

    facility, for part 7 (Obligations of facility operators)—see section 101 (1).

    facility operator, for part 7 (Obligations of facility operators)—see section 101 (1).

    final assessment—see section 35.

    final assessment report—see section 36 (2).

    final assessment requirements—see section 31.

    final request—see section 32 (1).

    first assessment—see section 16 (1).

    first assessment report—see section 18 (1) (a).

    first request—see section 13 (1).

    health record—see the Health Records (Privacy and Access) Act 1997, dictionary.

    possess, an approved substance, for division 4.3 (Dealing with approved substances)—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.

    practitioner administration decision means a decision made by an individual under section 42 (1) (b) or section 43 (1) (a).

    prescribe, an approved substance, for division 4.3 (Dealing with approved substances)—see section 55 (1).

    prescription, in relation to an approved substance, for division 4.3 (Dealing with approved substances)—see section 55 (1).

    registrar, for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

    relevant person, for division 7.2 (Information and access obligations)—see section 103 (2).

    request and assessment process means the process that consists of the following:

    (a)a first request;

    (b)a first assessment;

    (c)a consulting assessment;

    (d)a second request;

    (e)a final request;

    (f)a final assessment.

    resident, of a facility, for part 7 (Obligations of facility operators)—see section 101 (1).

    reviewable decision

    (a)for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see section 134; and

    (b)for part 11 (Review of other decisions)—see section 150.

    second request—see section 27 (2).

    self‑administration decision means a decision made by an individual under section 42 (1) (a) or section 43 (1) (b).

    supply, an approved substance, for division 4.3 (Dealing with approved substances)—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      Voluntary Assisted Dying Act 2024 A2024-24

      notified LR 19 June 2024
      s 1, s 2 commenced 19 June 2024 (LA s 75 (1))
      remainder commenced 3 November 2024 (s 2)

      as amended by

      Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.101

      notified LR 6 November 2025

      s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
      sch 3 pt 3.101 commenced 7 November 2025 (s 2 (4), LA s 73 (1) (a) and see LA s 75B)

      Health Legislation Amendment Act 2025 (No 2) A2025-33 pt 6

      notified LR 12 November 2025

      s 1, s 2 commenced 12 November 2025 (LA s 75 (1))
      ss 44-46 awaiting commencement
      pt 6 remainder commenced 13 November 2025 (s 2 (2) (a))

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      Health practitioner must accept or refuse to accept consulting assessment referral

      s 20am R1 LA

      Notifying individual and board about outcome of final assessment

      s 36am A2025‑33 s 37, s 38

      Transfer request made by individual

      s 38am A2025‑33 s 39; pars renum R3 LA

      Application—div 4.1

      s 41sub A2025‑33 s 40

      Transfer of administering practitioner functions—transfer request made by individual

      s 47am A2025‑33 s 41; pars renum R3 LA

      Giving, receiving and possessing approved substances—change in contact person

      s 67am A2025‑33 s 42

      Contact person to tell coordinating practitioner about death

      s 78am A2025‑33 s 43

      Obligation to consider and facilitate transfer of individual who wants to access voluntary assisted dying

      s 105am R1 LA (see also A2025‑29 amdt 3.360)

      Requirements for health professionals when raising voluntary assisted dying as an end of life choice

      s 155am A2025‑33 ss 47-49; pars renum R3 LA

      Consequential amendments

      pt 13om LA s 89 (3)

      Legislation amended—sch 3

      s 163om LA s 89 (3)

      Consequential amendments

      sch 3om LA s 89 (3)

      Births, Deaths and Marriages Registration Act 1997

      sch 3 pt 3.1om LA s 89 (3)

      Births, Deaths and Marriages Registration Regulation 1998

      sch 3 pt 3.2om LA s 89 (3)

      Coroners Act 1997

      sch 3 pt 3.3om LA s 89 (3)

      Guardianship and Management of Property Act 1991

      sch 3 pt 3.4om LA s 89 (3)

      Medicines, Poisons and Therapeutic Goods Act 2008

      sch 3 pt 3.5om LA s 89 (3)

      Powers of Attorney Act 2006

      sch 3 pt 3.6om LA s 89 (3)

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    3 Nov 2025
    3 Nov 2025–
    6 Nov 2025
    not amended new Act
    R2
    7 Nov 2025
    7 Nov 2025–12 Nov 2025 A2025‑29 amendments by A2025‑29
    Actions
    Download as PDF Download as Word Document


    Cases Citing This Decision

    0

    Cases Cited

    0

    Statutory Material Cited

    0