Voluntary Assisted Dying Amendment Act 2025 (Vic)

Voluntary Assisted Dying Amendment Act 2025

No. 50 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Principal Act

4Definitions

5When may a person access voluntary assisted dying?

6Conscientious objection of registered health practitioners

7Section 8 substituted and new section 8A inserted

8Eligibility criteria for access to voluntary assisted dying

9New section 9A inserted

10Minimum requirements for co-ordinating medical practitioners and consulting medical practitioners

11Registered medical practitioner must accept or refuse first request

12New section 13A inserted

13Commencement of first assessment

14Section 17 amended

15Referral for specialist opinion

16Information to be provided if co-ordinating medical practitioner assesses person as meeting eligibility criteria

17Outcome of first assessment

18Recording and notification of outcome of first assessment

19Registered medical practitioner must accept or refuse referral for a consulting assessment

20Commencement of consulting assessment

21Section 26 amended

22Referral for specialist opinion

23Information to be provided if consulting medical practitioner assesses person as meeting eligibility criteria

24Outcome of consulting assessment

25Recording and notification of outcome of consulting assessment

26Person assessed as eligible for access to voluntary assisted dying may make written declaration

27Heading to Division 6 of Part 3 amended

28Final request to be made a certain time after first request and consulting assessment

29Sections 39 and 40 repealed

30Final review by co-ordinating medical practitioner on receipt of final request

31Co-ordinating medical practitioner may apply for voluntary assisted dying permit on certification of request and assessment process on final review

32New Parts 3A and 3B inserted

33Heading to Division 1 of Part 4 amended

34Sections 45 and 46 repealed

35Heading to Division 2 of Part 4 repealed

36Section 47 substituted

37Section 48 repealed

38Secretary to determine application for a voluntary assisted dying permit

39New Division 2 of Part 4 inserted

40Section 52 repealed

41Division 3 of Part 4 repealed

42New Division 1AA of Part 5 inserted

43Section 57 substituted and new sections 57A to 57D inserted

44Section 58 substituted

45Labelling requirements for voluntary assisted dying substance

46Pharmacist to record and notify of voluntary assisted dying substance dispensed

47Section 62 substituted

48Pharmacist at dispensing pharmacy to record and notify of disposal of returned voluntary assisted dying substance

49New Division 1A of Part 5 inserted

50Heading to Division 2 of Part 5 amended

51Section 64 amended

52Section 65 substituted

53Section 66 substituted

54Section 67 amended

55Application for review of certain decisions by VCAT

56Notice requirements

57No further action to be taken in relation to access to voluntary assisted dying if application to VCAT in existence

58Section 73 amended

59Mandatory notification by registered health practitioner

60Mandatory notification by employer

61Voluntary notification by persons

62Section 83 amended

63Section 84 amended

64Offence to induce another person to request voluntary assisted dying

65Offence to induce self-administration of a voluntary assisted dying substance

66Offence to falsify form or record

67Offence to make a false statement

68Section 89 substituted

69Offence to fail to give copies of forms to the Board

70Section 105 amended

71Section 106 substituted

72Delegation by Secretary

73Section 114 amended

74Interpreters

75New section 115A inserted

76Section 116 substituted

77Regulations

78New Part 11 inserted

79Schedule 1 repealed

Part 3—Amendment of other Acts

Division 1—Amendment of Drugs, Poisons and Controlled Substances Act 1981

80Persons authorized to have possession etc. of poisons or controlled substances

81Managing the administration of drugs of dependence and Schedule 9, Schedule 8 and Schedule 4 poisons in residential aged care homes

82Administration of drugs of dependence and Schedule 9, Schedule 8 and Schedule 4 poisons in residential aged care homes

Division 2—Amendment of other Acts

83Births, Deaths and Marriages Registration Act 1996

84Health Records Act 2001

Part 4—Repeal of this Act

85Repeal of this Act

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Endnotes

1     General information

Voluntary Assisted Dying Amendment Act 2025

No. 50 of 2025

[Assented to 25 November 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Voluntary Assisted Dying Act 2017 to improve the experience of voluntary assisted dying; and

(b)to consequentially amend other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 19 April 2027, it comes into operation on that day.

3Principal Act

In this Act, the Voluntary Assisted Dying Act 2017 is called the Principal Act.

PART 2—AMENDMENT OF PRINCIPAL ACT

4Definitions

In section 3(1) of the Principal Act—

(a)insert the following definitions—

"administering practitioner for a person who is the subject of a voluntary assisted dying permit means—

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

(b)a practitioner referred to in section 56A who—

(i)is not the co-ordinating medical practitioner for the person; and

(ii)accepts a transfer of the administration authorisations under the permit;

administering practitioner administration form means the form prescribed for the purposes of section 65(2);

administering practitioner transfer form means the form prescribed for the purposes of section 63C(1);

administration authorisations means the authorisations specified in section 51C(3) and (4);

administration decision means a self‑administration decision or a practitioner administration decision;

administration decision and prescription form means the form prescribed for the purposes of section 57A(1);

administration decision revocation form means the form prescribed for the purposes of section 57B(2);

medical treatment has the same meaning as in section 3(1) of the Medical Treatment Planning and Decisions Act 2016;

nurse practitioner means a registered nurse who is endorsed under the Health Practitioner Regulation National Law to practise as a nurse practitioner;

practitioner administration decision means a decision referred to in section 44A(1)(b);

practitioner administration request means a request under section 64(1);

registered Aboriginal and Torres Strait Islander health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as a student);

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing profession as a nurse (other than as a student); and

(b)in the registered nurses division for that profession;

registered psychologist means a person who is registered under the Health Practitioner Regulation National Law to practice in the psychology profession (other than as a student);

self-administration decision means a decision referred to in section 44A(1)(a);

specialist registration means specialist registration in a recognised speciality in the medical profession under the Health Practitioner Regulation National Law;";

(b)the definition of administration request is repealed;

(c)for the definition of approved assessment training substitute—

"approved training means training approved under section 114;";

(d)for the definition of consulting assessment report form substitute—

"consulting assessment report form means the form prescribed for the purposes of section 30(1)(b);";

(e)for the definition of contact person substitute—

"contact person means a person appointed under section 44E(1);";

(f)for the definition of contact person appointment form substitute—

"contact person appointment form means the form prescribed for the purposes of section 44E(3)(a);";

(g)the definition of co-ordinating medical practitioner administration form is repealed;

(h)for the definition of final review form substitute—

"final review form means the form prescribed for the purposes of section 41(1)(b);";

(i)for the definition of first assessment report form substitute—

"first assessment report form means the form prescribed for the purposes of section 21(2);";

(j)the definition of practitioner administration permit is repealed;

(k)in the definition of request and assessment process, paragraph (f) is repealed;

(l)in the definition of Secretary omit "and Human Services";

(m)the definition of self-administration permit is repealed;

(n)for the definition of voluntary assisted dying permit substitute—

"voluntary assisted dying permit means a permit that authorises conduct set out in Division 2 of Part 4;";

(o)in the definition of voluntary assisted dying substance, for "specified in a voluntary assisted dying permit" substitute "prescribed by a co-ordinating medical practitioner";

(p)for the definition of voluntary assisted dying substance dispensing form substitute—

"voluntary assisted dying substance dispensing form means the form prescribed for the purposes of section 60(1);";

(q)for the definition of voluntary assisted dying substance disposal form substitute—

"voluntary assisted dying substance disposal form means the form prescribed for the purposes of section 63(1);";

(r)for the definition of written declaration substitute—

"written declaration means a declaration made under section 34.".

5When may a person access voluntary assisted dying?

(1)Section 6(e) of the Principal Act is repealed.

(2)After section 6(f) of the Principal Act insert—

"(fa)the person has made—

(i)a self-administration decision and appointed a contact person, and the self-administration decision is in effect; or

(ii)a practitioner administration decision, and the practitioner administration decision is in effect; and".

6Conscientious objection of registered health practitioners

(1)In section 7(a) of the Principal Act, for "to" substitute "subject to subsection (2), to".

(2)At the end of section 7 of the Principal Act insert—

"(2)If a registered medical practitioner or nurse practitioner who has a conscientious objection to voluntary assisted dying refuses to provide information about voluntary assisted dying to a person requesting information about or access to voluntary assisted dying, the practitioner must—

(a)advise the person that another registered medical practitioner or nurse practitioner may be able to assist the person in relation to information about or access to voluntary assisted dying; and

(b)give the person the following information—

(i)contact details for the prescribed voluntary assisted dying care navigator service;

(ii)the address of an Internet site of the Department of Health that provides information about voluntary assisted dying.".

7Section 8 substituted and new section 8A inserted

For section 8 of the Principal Act substitute—

"8 Discussion about voluntary assisted dying may be initiated by a registered medical practitioner or nurse practitioner in the course of discussion about end of life care

(1)A registered medical practitioner or a nurse practitioner who provides health services or professional care services to a person may initiate a discussion about voluntary assisted dying with that person if—

(a)the discussion is in the course of a discussion about end of life care; and

(b)in doing so, the practitioner takes reasonable steps to ensure that the person knows about—

(i)the treatment options available to the person and the likely outcome of that treatment; and

(ii)the palliative care options available to the person and the likely outcome of that care.

(2)A contravention of subsection (1) is to be regarded as unprofessional conduct within the meaning and for the purposes of the Health Practitioner Regulation National Law.

8ADiscussion about voluntary assisted dying may be initiated by certain registered health practitioners in the course of discussion about end of life care

(1)This section applies to the following registered health practitioners who provide health services or professional care services to a person—

(a)a registered nurse (other than a nurse practitioner);

(b)a registered psychologist;

(c)a registered Aboriginal and Torres Strait Islander health practitioner.

(2)A registered health practitioner to whom this section applies may initiate a discussion about voluntary assisted dying with the person if—

(a)the discussion is in the course of a discussion about end of life care; and

(b)in doing so, the practitioner advises the person that the most appropriate person with whom to discuss voluntary assisted dying and any treatment or palliative care options available to that person is—

(i)the registered medical practitioner who is responsible for the person's medical care; or

(ii)any other registered medical practitioner.

(3)A contravention of subsection (2) is to be regarded as unprofessional conduct within the meaning and for the purposes of the Health Practitioner Regulation National Law.

8BDiscussion about voluntary assisted dying must not be initiated by other classes of registered health practitioners

(1)This section applies to a registered health practitioner who—

(a)provides health services or professional care services to a person; and

(b)is not a registered medical practitioner, registered nurse, registered psychologist or registered Aboriginal and Torres Strait Islander health practitioner.

(2)A registered health practitioner to whom this section applies must not, in the course of providing health services or professional care services to a person—

(a)initiate discussion with the person that is in substance about voluntary assisted dying; or

(b)in substance, suggest voluntary assisted dying to that person.

(3)Nothing in subsection (2) prevents a registered health practitioner to whom this section applies providing information about voluntary assisted dying to a person at that person's request.

(4)A contravention of subsection (2) is to be regarded as unprofessional conduct within the meaning and for the purposes of the Health Practitioner Regulation National Law.".

8Eligibility criteria for access to voluntary assisted dying

(1)For section 9(1)(b) of the Principal Act substitute—

"(b)the person must—

(i)be an Australian citizen; or

(ii)be a permanent resident; or

(iii)at the time of making a first request, have been ordinarily resident in Australia for at least 3 years; and

(ba)the person must be ordinarily resident in Victoria; and

Note

A person requesting access to voluntary assisted dying may apply for an exemption from compliance with the eligibility criteria set out in this paragraph—see section 9A.

(bb)the person must be ordinarily resident in Victoria for at least 12 months at the time of making a first request; and

Note

A person requesting access to voluntary assisted dying may apply for an exemption from compliance with the eligibility criteria set out in this paragraph—see section 9A.".

(2)In section 9(1)(d)(iii) of the Principal Act, for "within weeks or months, not exceeding 6 months" substitute "within 12 months".

(3)Section 9(4) of the Principal Act is repealed.

9New section 9A inserted

After section 9 of the Principal Act insert—

"9A   Exemption from compliance with eligibility criteria

(1)A person requesting access to voluntary assisted dying (the applicant) may apply to the Secretary for an exemption from compliance with the eligibility criteria set out in section 9(1)(ba) and (bb).

(2)The Secretary, by written notice given to the applicant, must exempt the applicant from compliance with the eligibility criteria set out in section 9(1)(ba) and (bb) if the Secretary is satisfied that—

(a)the applicant is unable to satisfy the eligibility criteria set out in section 9(1)(ba) and (bb); and

(b)the applicant has a substantial connection to Victoria; and

(c)there are compassionate grounds that warrant the exemption.

(3)In determining whether an applicant has a substantial connection to Victoria, the Secretary may have regard to whether—

(a)the applicant resides in Victoria or at a place that is on or close to the border of Victoria; or

(b)the applicant formerly resided in Victoria; or

(c)the applicant—

(i)works in Victoria; or

(ii)receives medical treatment in Victoria; or

(iii)receives a residential care service within the meaning of section 3(1) of the Health Services Act 1988 in Victoria; or

(d)the applicant's family or carer within the meaning of section 3 of the Carers Recognition Act 2012 resides in Victoria.".

10Minimum requirements for co-ordinating medical practitioners and consulting medical practitioners

(1)For section 10(1) of the Principal Act substitute—

"(1)Each co-ordinating medical practitioner and consulting medical practitioner must—

(a)hold specialist registration; or

(b)be a vocationally registered general practitioner.".

(2)In section 10(2) of the Principal Act, for "5 years after completing a fellowship with a specialist medical college or vocational registration (as the case requires)" substitute "one year after being granted specialist registration or vocational registration (as the case requires)".

11Registered medical practitioner must accept or refuse first request

(1)In section 13(1)(b)(iii) of the Principal Act, for "subsection (2)" substitute "subsection (2) or (3)".

(2)For section 13(2) of the Principal Act substitute—

"(2)The registered medical practitioner must not accept the first request unless the practitioner—

(a)holds specialist registration; or

(b)is a vocationally registered general practitioner.

(3)The registered medical practitioner must refuse the person's first request if the practitioner—

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

(b)believes the practitioner is, or has knowledge of being, a beneficiary under the person's will; or

(c)benefits financially or in any other material way from the person's death (other than by receiving fees from the person for the provision of services as a registered medical practitioner).".

12New section 13A inserted

After section 13 of the Principal Act insert—

"13A   Information to be provided if registered medical practitioner refuses first request

If the registered medical practitioner refuses the person's first request, the practitioner must—

(a)advise the person that another registered medical practitioner may be able to assist the person in relation to the person's first request; and

(b)give the person the following information—

(i)contact details for the prescribed voluntary assisted dying care navigator service;

(ii)the address of an Internet site of the Department of Health that provides information about voluntary assisted dying.".

13Commencement of first assessment

In the note at the foot of section 16 of the Principal Act, for "dying—see section 20(1)(a)" substitute "dying unless an exemption has been granted under section 9A—see sections 9A and 20(1)(a)".

14Section 17 amended

(1)In the heading to section 17 of the Principal Act omit "assessment" (where secondly occurring).

(2)In section 17 of the Principal Act omit "assessment" (where secondly occurring).

15Referral for specialist opinion

Section 18(4), (5) and (6) of the Principal Act are repealed.

16Information to be provided if co-ordinating medical practitioner assesses person as meeting eligibility criteria

(1)In section 19(1) of the Principal Act, for "all the eligibility criteria" substitute "the eligibility criteria that apply to the person".

(2)At the foot of section 19(1) of the Principal Act insert—

"Note

A person requesting access to voluntary assisted dying may apply for an exemption from compliance with the eligibility criteria set out in section 9(1)(ba) and (bb)—see section 9A.".

17Outcome of first assessment

(1)In section 20(1)(a) of the Principal Act, for "all the eligibility criteria" substitute "the eligibility criteria that apply to the person".

(2)At the foot of section 20(1) of the Principal Act insert—

"Note

A person requesting access to voluntary assisted dying may apply for an exemption from compliance with the eligibility criteria set out in section 9(1)(ba) and (bb)—see section 9A.".

18Recording and notification of outcome of first assessment

In section 21(2) of the Principal Act, for "first assessment report form" substitute "prescribed form".

19Registered medical practitioner must accept or refuse referral for a consulting assessment

(1)In section 23(1)(b)(iii) of the Principal Act, for "(2), (3)" substitute "(2), (2A), (3)".

(2)For section 23(2) of the Principal Act substitute—

"(2)The registered medical practitioner must not accept the referral unless the practitioner—

(a)holds specialist registration; or

(b)is a vocationally registered general practitioner.

(2A)The registered medical practitioner must refuse the referral for a consulting assessment of the person if the practitioner—

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

(b)believes the practitioner is, or has knowledge of being, a beneficiary under the person's will; or

(c)benefits financially or in any other material way from the person's death (other than by receiving fees from the person for the provision of services as a registered medical practitioner).".

(3)In section 23(3) and (5) of the Principal Act, for "5 years after completing a fellowship with a specialist medical college or vocational registration (as the case requires)" substitute "one year after being granted specialist registration or vocational registration (as the case requires)".

20Commencement of consulting assessment

In the note at the foot of section 25 of the Principal Act, for "dying—see section 29(1)(a)" substitute "dying unless an exemption has been granted under section 9A—see sections 9A and 29(1)(a)".

21Section 26 amended

(1)In the heading to section 26 of the Principal Act omit "assessment" (where secondly occurring).

(2)In section 26 of the Principal Act omit "assessment" (where secondly occurring).

22Referral for specialist opinion

In section 27(1) of the Principal Act, for "criteria,," substitute "criteria,".

23Information to be provided if consulting medical practitioner assesses person as meeting eligibility criteria

(1)In section 28(1) of the Principal Act, for "all the eligibility criteria" substitute "the eligibility criteria that apply to the person".

(2)At the foot of section 28(1) of the Principal Act insert—

"Note

A person requesting access to voluntary assisted dying may apply for an exemption from compliance with the eligibility criteria set out in section 9(1)(ba) and (bb)—see section 9A.".

24Outcome of consulting assessment

(1)In section 29(1)(a) of the Principal Act, for "all the eligibility criteria" substitute "the eligibility criteria that apply to the person".

(2)At the foot of section 29(1)(a) of the Principal Act insert—

"Note

A person requesting access to voluntary assisted dying may apply for an exemption from compliance with the eligibility criteria set out in section 9(1)(ba) and (bb)—see section 9A.".

25Recording and notification of outcome of consulting assessment

In section 30(1)(b) of the Principal Act, for "consulting assessment report form" substitute "prescribed form".

26Person assessed as eligible for access to voluntary assisted dying may make written declaration

(1)After section 34(2)(a) of the Principal Act insert—

"(ab)be in the prescribed form; and".

(2)In the note at the foot of section 34(5) of the Principal Act, for "requirements—see section 115" substitute "requirements unless an exemption has been granted under section 115A—see sections 115 and 115A".

27Heading to Division 6 of Part 3 amended

In the heading to Division 6 of Part 3 of the Principal Act omit ", contact person".

28Final request to be made a certain time after first request and consulting assessment

(1)For section 38(1)(a) of the Principal Act substitute—

"(a)subject to subsection (2), at least 5 days after the day on which the person made the first request, beginning on and including the day on which the first request was made; and".

(2)In section 38(1)(b) of the Principal Act, for "completed" substitute "completed, beginning on and including the day on which the consulting assessment was completed".

29Sections 39 and 40 repealed

Sections 39 and 40 of the Principal Act are repealed.

30Final review by co-ordinating medical practitioner on receipt of final request

(1)In section 41(1)(a)(iii) of the Principal Act, for "declaration;" substitute "declaration; and".

(2)Section 41(1)(a)(iv) of the Principal Act is repealed.

(3)For section 41(1)(b) of the Principal Act substitute—

"(b)complete the prescribed form in respect of the person; and".

31Co-ordinating medical practitioner may apply for voluntary assisted dying permit on certification of request and assessment process on final review

In section 43 of the Principal Act omit "under section 47 or 48".

32New Parts 3A and 3B inserted

After Part 3 of the Principal Act insert—

"PART 3A—ADMINISTRATION DECISION

44APerson may make administration decision

(1)A person who makes a final request may decide, in consultation with the person's co‑ordinating medical practitioner, that the person intends to access voluntary assisted dying by—

(a)self-administering a voluntary assisted dying substance; or

(b)having an administering practitioner administer a voluntary assisted dying substance to the person.

(2)A person may make an administration decision—

(a)at the time of making the final request; or

(b)at any time after making the final request, including after—

(i)the issue of a voluntary assisted dying permit in respect of the person; or

(ii)revoking a previous administration decision.

(3)A person who makes an administration decision must make the decision personally.

(4)A person may make an administration decision verbally or by gestures or other means of communication available to the person.

(5)An administration decision takes effect when the person who makes the administration decision notifies the person's co-ordinating medical practitioner of that administration decision.

44BRecord of administration decision

The co-ordinating medical practitioner for a person who makes an administration decision must record the administration decision in the person's medical record.

Note

See section 57A(2) in relation to notifying the Board of an administration decision.

44CRevocation of administration decision and making of new administration decision

(1)A person who has made an administration decision may revoke the decision at any time.

(2)A person who revokes an administration decision must revoke the decision personally.

(3)A person may revoke an administration decision verbally or by gestures or other means of communication available to the person.

(4)An administration decision ceases to have effect when the person who has made the administration decision notifies the person's co-ordinating medical practitioner that the person revokes that administration decision.

(5)If a person who has made an administration decision wishes to change that administration decision, the person must revoke the administration decision before making a new administration decision.

44DRecord of revocation of administration decision

The co-ordinating medical practitioner for a person who revokes an administration decision must record the revocation in the person's medical record.

Note

See section 57B(3) in relation to notifying the Board of a revocation of an administration decision.

PART 3B—CONTACT PERSON

44EAppointment of contact person—self‑administration decision

(1)On or after a person makes a self‑administration decision, the person must appoint one person who is 18 years of age or over as the person's contact person.

(2)A person must not be appointed as a contact person unless the person accepts the appointment.

(3)An appointment of a contact person must—

(a)be made in the prescribed form; and

(b)in the presence of a witness who is 18 years of age or over, be signed by—

(i)the person who makes the self‑administration decision; and

(ii)the person being appointed as the contact person.

(4)Despite subsection (3)(b)(i), a person may sign a contact person appointment form at the direction of the person who makes the self-administration decision if—

(a)the person who makes the self‑administration decision is unable to sign the form; and

(b)the person signing at the direction of the person who makes the self‑administration decision—

(i)is 18 years of age or over; and

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

(iii)is not the person being appointed as the contact person; and

(iv)signs the form in the presence of the person who makes the self‑administration decision.

(5)If a person who makes a self-administration decision appoints a contact person with the assistance of an interpreter, the interpreter must certify on the contact person appointment form that the interpreter provided a true and correct translation of any material translated.

Note

Interpreters who assist in relation to requesting access to or accessing voluntary assisted dying must meet certain requirements unless an exemption has been granted under section 115A—see sections 115 and 115A.

44FCo-ordinating medical practitioner to notify Board of appointment of contact person

Within 7 days after a person's co-ordinating medical practitioner receives the person's contact person appointment form, the co‑ordinating medical practitioner must give a copy of the contact person appointment form to the Board.

44GContact person must return voluntary assisted dying substance at person's request

If a person decides not to self-administer a voluntary assisted dying substance dispensed to the person, the person's contact person, at the person's request, must return the substance to a pharmacist at the dispensing pharmacy.

Note

The contact person must return a voluntary assisted dying substance to a pharmacist at the dispensing pharmacy in certain circumstances after the person's death or after the person revokes a self-administration decision—see also section 89.".

33Heading to Division 1 of Part 4 amended

In the heading to Division 1 of Part 4 of the Principal Act, for "Authorisations under" substitute "Application for and issue of".

34Sections 45 and 46 repealed

Sections 45 and 46 of the Principal Act are repealed.

35Heading to Division 2 of Part 4 repealed

The heading to Division 2 of Part 4 of the Principal Act is repealed.

36Section 47 substituted

For section 47 of the Principal Act substitute—

"47   Application for voluntary assisted dying permit

(1)The co-ordinating medical practitioner for a person may apply to the Secretary for a voluntary assisted dying permit in respect of the person if the co-ordinating medical practitioner is satisfied that—

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

(b)the person's request for access to voluntary assisted dying is enduring.

(2)An application for a voluntary assisted dying permit must—

(a)be in the prescribed form; and

(b)identify the person in respect of whom the permit is sought; and

(c)be accompanied by copies of the following completed forms—

(i)the final review form; and

(ii)the first assessment report form; and

(iii)all consulting assessment forms; and

(iv)the written declaration; and

(d)be accompanied by a statement that the co-ordinating medical practitioner is satisfied that—

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

(ii)the person's request for access to voluntary assisted dying is enduring.".

37Section 48 repealed

Section 48 of the Principal Act is repealed.

38Secretary to determine application for a voluntary assisted dying permit

(1)In section 49(1) of the Principal Act omit "made under section 47 or 48 by the co-ordinating medical practitioner for a person".

(2)For section 49(2)(a) of the Principal Act substitute—

"(a)may issue a voluntary assisted dying permit; or".

(3)For section 49(4)(a)(i) of the Principal Act substitute—

"(i)give written notice of the decision under subsection (2) to the co-ordinating medical practitioner for the person who is the subject of the application; and".

39New Division 2 of Part 4 inserted

After section 51 of the Principal Act insert—

"Division 2—What does a voluntary assisted dying permit authorise?

51AAuthorisations under a voluntary assisted dying permit—self-administration decision

(1)This section applies if—

(a)a person who is the subject of a voluntary assisted dying permit has made a self-administration decision; and

(b)the person has appointed a contact person; and

(c)the self-administration decision is in effect.

(2)The voluntary assisted dying permit authorises the person's co-ordinating medical practitioner to prescribe and supply to the person, for the purpose of causing the person's death, a sufficient dose of a voluntary assisted dying substance that is able to be self-administered.

(3)The voluntary assisted dying permit authorises the person to obtain, possess, store, use and self-administer the voluntary assisted dying substance prescribed to the person.

(4)If the person dies after a voluntary assisted dying substance is dispensed to the person, the voluntary assisted dying permit authorises the person's contact person, within 15 days after the person's death—

(a)to possess and store the voluntary assisted dying substance that is unused or remaining (if any) for the purpose of returning it to a pharmacist at the dispensing pharmacy; and

(b)to carry and transport the unused or remaining voluntary assisted dying substance to a pharmacist at the dispensing pharmacy.

(5)If the person decides not to self-administer a voluntary assisted dying substance after the substance is dispensed to the person, the voluntary assisted dying permit authorises the person to carry and transport the substance to a pharmacist at the dispensing pharmacy.

(6)If the person requests the person's contact person to return a voluntary assisted dying substance to a pharmacist at the dispensing pharmacy after the substance is dispensed to the person, the voluntary assisted dying permit authorises the person's contact person—

(a)to possess and store the voluntary assisted dying substance for the purpose of returning it to a pharmacist at the dispensing pharmacy; and

(b)to carry and transport the voluntary assisted dying substance to a pharmacist at the dispensing pharmacy.

(7)If VCAT makes an order for a voluntary assisted dying substance dispensed to the person to be returned to the dispensing pharmacy, the voluntary assisted dying permit authorises the person's contact person—

(a)to possess and store the voluntary assisted dying substance for the purpose of returning it to a pharmacist at the dispensing pharmacy; and

(b)to carry and transport the voluntary assisted dying substance to a pharmacist at the dispensing pharmacy.

51BAuthorisations under a voluntary assisted dying permit—revocation of self‑administration decision

(1)This section applies if a person who is the subject of a voluntary assisted dying permit revokes a self-administration decision after a voluntary assisted dying substance has been dispensed to the person under the permit.

(2)The voluntary assisted dying permit authorises the person, within 15 days after the revocation of the self-administration decision—

(a)to possess and store the voluntary assisted dying substance for the purpose of returning it to a pharmacist at the dispensing pharmacy; and

(b)to carry and transport the voluntary assisted dying substance to a pharmacist at the dispensing pharmacy.

(3)The voluntary assisted dying permit authorises the person's contact person, within 15 days after the revocation of the self‑administration decision—

(a)to possess and store the voluntary assisted dying substance for the purpose of returning it to a pharmacist at the dispensing pharmacy; and

(b)to carry and transport the voluntary assisted dying substance to a pharmacist at the dispensing pharmacy.

51CAuthorisations under a voluntary assisted dying permit—practitioner administration decision

(1)This section applies if—

(a)a person who is the subject of a voluntary assisted dying permit has made a practitioner administration decision; and

(b)the practitioner administration decision is in effect.

(2)The voluntary assisted dying permit authorises the person's co-ordinating medical practitioner to prescribe and supply to the person, for the purpose of causing the person's death, a sufficient dose of a voluntary assisted dying substance that is able to be administered by the person's administering practitioner.

(3)The voluntary assisted dying permit authorises the person's administering practitioner to possess and use the voluntary assisted dying substance prescribed to the person for the purpose of administering the substance to the person in accordance with subsection (4).

(4)The voluntary assisted dying permit authorises the person's administering practitioner to administer to the person, in the presence of a witness and for the purpose of causing the person's death, the voluntary assisted dying substance prescribed to the person if—

(a)the administering practitioner receives a practitioner administration request from the person in the presence of a witness; and

(b)the person, at the time of making the practitioner administration request, has decision-making capacity in relation to voluntary assisted dying; and

(c)the person, in requesting access to voluntary assisted dying, is acting voluntarily and without coercion; and

(d)the person's request to access voluntary assisted dying is enduring; and

(e)the administering practitioner administers the voluntary assisted dying substance to the person immediately after the person makes the practitioner administration request.

(5)The voluntary assisted dying permit authorises the person's administering practitioner to possess the voluntary assisted dying substance prescribed to the person for the purposes of transferring the administration authorisations under the permit to another administering practitioner.

(6)The voluntary assisted dying permit authorises the person's administering practitioner to possess the voluntary assisted dying substance prescribed to the person for the purposes of returning the substance to a pharmacist at the dispensing pharmacy.

51DAuthorisations under a voluntary assisted dying permit—revocation of practitioner administration decision

(1)This section applies if a person who is the subject of a voluntary assisted dying permit revokes a practitioner administration decision after a voluntary assisted dying substance has been dispensed under the permit.

(2)The voluntary assisted dying permit authorises the person's administering practitioner to possess the voluntary assisted dying substance for the purpose of returning the substance to a pharmacist at the dispensing pharmacy.".

40Section 52 repealed

Section 52 of the Principal Act is repealed.

41Division 3 of Part 4 repealed

Division 3 of Part 4 of the Principal Act is repealed.

42New Division 1AA of Part 5 inserted

In Part 5 of the Principal Act, before Division 1 insert—

"Division 1AA—Minimum requirements for administering practitioners

56AMinimum requirements for administering practitioners

Each administering practitioner must be—

(a)a registered medical practitioner who—

(i)holds specialist registration; or

(ii)is a vocationally registered general practitioner; or

(b)a nurse practitioner; or

(c)a registered nurse who has held registration as a registered nurse for at least 5 years.".

43Section 57 substituted and new sections 57A to 57D inserted

For section 57 of the Principal Act substitute—

"57   Information to be given before prescribing voluntary assisted dying substance for self-administration

Before the co-ordinating medical practitioner for a person who makes a self-administration decision prescribes a voluntary assisted dying substance to the person, the co‑ordinating medical practitioner must inform the person—

(a)how to self-administer the voluntary assisted dying substance; and

(b)that the person is not under any obligation to obtain the voluntary assisted dying substance; and

(c)that the voluntary assisted dying substance must be stored in a locked box that satisfies the prescribed specifications; and

(d)that the person is not under any obligation to self-administer the voluntary assisted dying substance; and

(e)that if the person decides not to self‑administer the voluntary assisted dying substance after it is dispensed to the person—

(i)the person may return the substance to a pharmacist at the dispensing pharmacy; and

(ii)at the person's request, the person's contact person must return the substance to a pharmacist at the dispensing pharmacy; and

(f)that if the person revokes the self‑administration decision after the voluntary assisted dying substance is dispensed to the person—

(i)the person may return the substance to a pharmacist at the dispensing pharmacy within 15 days after that revocation; and

(ii)if the person does not return the substance to a pharmacist at the dispensing pharmacy after the revocation, the person's contact person must return the substance to a pharmacist at the dispensing pharmacy within 15 days after that revocation; and

(g)that the person's contact person, within 15 days after the person dies, must return any of the voluntary assisted dying substance that is unused or remaining to a pharmacist at the dispensing pharmacy for disposal.

57ACo-ordinating medical practitioner to record administration decision and prescription

(1)As soon as practicable after prescribing a voluntary assisted dying substance to a person who is the subject of a voluntary assisted dying permit, the person's co‑ordinating medical practitioner must record in the prescribed form—

(a)the person's administration decision; and

(b)details of the prescription.

(2)Within 7 days after prescribing a voluntary assisted dying substance to a person who is the subject of a voluntary assisted dying permit, the person's co-ordinating medical practitioner must give a copy of the administration decision and prescription form to the Board.

57BRevocation of administration decision after prescription issued—requirements for co-ordinating medical practitioner

(1)This section applies if a person who is the subject of a voluntary assisted dying permit revokes the person's administration decision after the person's co-ordinating medical practitioner has prescribed a voluntary assisted dying substance to the person.

(2)The co-ordinating medical practitioner must record the revocation of the person's administration decision in the prescribed form as soon as practicable after being notified of the revocation.

(3)The co-ordinating medical practitioner must give a copy of the administration decision revocation form to the Board within 7 days after being notified of the revocation.

(4)If the voluntary assisted dying substance has not been dispensed to the person, the co‑ordinating medical practitioner must destroy the prescription for that substance.

57CRevocation of administration decision after prescription issued—requirement for pharmacist

(1)This section applies if—

(a)the co-ordinating medical practitioner for a person has provided a prescription for a voluntary assisted dying substance to a pharmacy, pharmacy business or pharmacy department that sells or supplies a voluntary assisted dying substance; and

(b)the voluntary assisted dying substance has not been dispensed to the person.

(2)On being notified that the person's administration decision has been revoked, a pharmacist at that pharmacy, pharmacy business or pharmacy department must destroy the prescription.

57DRestriction on pharmacist dispensing voluntary assisted dying substance

(1)A pharmacist must not dispense a voluntary assisted dying substance under a voluntary assisted dying permit if a prescription for a voluntary assisted dying substance has previously been issued under that permit (the previous prescription) unless the pharmacist is satisfied that the co-ordinating medical practitioner has destroyed the previous prescription.

(2)A pharmacist must not dispense a voluntary assisted dying substance under a voluntary assisted dying permit if a voluntary assisted dying substance has previously been dispensed under that permit (the previous substance) unless the pharmacist is satisfied that—

(a)a pharmacist at the dispensing pharmacy has disposed of the previous substance; or

(b)the previous substance is in the possession or under the control of a pharmacist at the dispensing pharmacy.".

44Section 58 substituted

For section 58 of the Principal Act substitute—

"58   Information to be given by pharmacist dispensing a voluntary assisted dying substance for self-administration

On dispensing a voluntary assisted dying substance under a voluntary assisted dying permit to a person who makes a self‑administration decision, a pharmacist must inform the person—

(a)how to self-administer the voluntary assisted dying substance; and

(b)that the voluntary assisted dying substance must be stored in a locked box that satisfies the prescribed specifications; and

(c)that the person is not under any obligation to self-administer the voluntary assisted dying substance; and

(d)that if the person decides not to self‑administer the voluntary assisted dying substance—

(i)the person may return the substance to a pharmacist at the dispensing pharmacy; and

(ii)at the person's request, the person's contact person must return the substance to a pharmacist at the dispensing pharmacy; and

(e)that if the person revokes the self‑administration decision—

(i)the person may return the substance to a pharmacist at the dispensing pharmacy within 15 days after that revocation; and

(ii)if the person does not return the substance to a pharmacist at the dispensing pharmacy after the revocation, the person's contact person must return the substance to a pharmacist at the dispensing pharmacy within 15 days after that revocation; and

(f)that the person's contact person, within 15 days after the person dies, must return any of the voluntary assisted dying substance that is unused or remaining to a pharmacist at the dispensing pharmacy for disposal.".

45Labelling requirements for voluntary assisted dying substance

For section 59(1)(d) of the Principal Act substitute—

"(d)in the case of a voluntary assisted dying substance that is supplied for self‑administration, states that—

(i)if the person to whom the substance is supplied revokes the person's self‑administration decision—

(A)the person may return the substance to a pharmacist at the dispensing pharmacy within 15 days after that revocation; and

(B)if the person does not return the substance to a pharmacist at the dispensing pharmacy after the revocation, the person's contact person must return the substance to a pharmacist at the dispensing pharmacy within 15 days after that revocation; and

(ii)if the person to whom the substance is supplied dies, the person's contact person must return any of the substance that is unused or remaining to a pharmacist at the dispensing pharmacy for disposal.".

46Pharmacist to record and notify of voluntary assisted dying substance dispensed

In section 60(1) of the Principal Act, for "a voluntary assisted dying substance dispensing form" substitute "the prescribed form".

47Section 62 substituted

For section 62 of the Principal Act substitute—

"62   Pharmacist at dispensing pharmacy to dispose of returned voluntary assisted dying substance

As soon as practicable after a pharmacist at the dispensing pharmacy receives any unused or remaining voluntary assisted dying substance, the pharmacist must dispose of the substance.".

48Pharmacist at dispensing pharmacy to record and notify of disposal of returned voluntary assisted dying substance

In section 63(1) of the Principal Act, for "a voluntary assisted dying substance disposal form" substitute "the prescribed form".

49New Division 1A of Part 5 inserted

After section 63 of the Principal Act insert—

"Division 1A—Transfer of administration authorisations

63ACo-ordinating medical practitioner may transfer administration authorisations

(1)This section applies if—

(a)a person who is the subject of a voluntary assisted dying permit has made a practitioner administration decision; and

(b)the practitioner administration decision is in effect.

(2)After prescribing a voluntary assisted dying substance to the person, the person's co‑ordinating medical practitioner may transfer the administration authorisations under the permit to another practitioner referred to in section 56A—

(a)at the person's request; or

(b)if the co-ordinating medical practitioner is, for any reason—

(i)unavailable or otherwise unable to administer the voluntary assisted dying substance; or

(ii)unwilling to administer the voluntary assisted dying substance.

63BAcceptance of transfer of administration authorisations

(1)A practitioner referred to in section 56A must not accept a transfer of the administration authorisations under a voluntary assisted dying permit if the practitioner—

(a)is a family member of the person who is the subject of the permit; or

(b)believes the practitioner is, or has knowledge of being, a beneficiary under the will of the person who is the subject of the permit; or

(c)benefits financially or in any other material way from the death of the person who is the subject of the permit (other than by receiving fees from the person for the provision of services as a registered medical practitioner, nurse practitioner or registered nurse).

(2)A practitioner referred to in section 56A must not accept a transfer of the administration authorisations under a voluntary assisted dying permit unless the practitioner has completed approved training.

63CWhen transfer of administration authorisations takes effect

(1)A practitioner who transfers the administration authorisations under a voluntary assisted dying permit (the transferring practitioner) must record the transfer in the prescribed form.

(2)A practitioner who accepts a transfer of the administration authorisations under a voluntary assisted dying permit (the accepting practitioner) must record that acceptance in the same administering practitioner transfer form completed by the transferring practitioner.

(3)A transfer of the administration authorisations under a voluntary assisted dying permit takes effect when the transferring practitioner and the accepting practitioner have both completed the administering practitioner transfer form.

(4)On a transfer of the administration authorisations under a voluntary assisted dying permit taking effect, the accepting practitioner becomes the administering practitioner for the person who is the subject of the permit.

63DAdministering practitioner may transfer administration authorisations

An administering practitioner who has accepted a transfer of the administration authorisations under a voluntary assisted dying permit may transfer those administration authorisations to another practitioner referred to in section 56A—

(a)at the request of the person who is the subject of the voluntary assisted dying permit; or

(b)if the administering practitioner is, for any reason—

(i)unavailable or otherwise unable to administer the voluntary assisted dying substance; or

(ii)unwilling to administer the voluntary assisted dying substance.

63ERecord and notification of transfer of administration authorisations

(1)As soon as practicable after a transfer of the administration authorisations under a voluntary assisted dying permit takes effect, the practitioner who transferred the administration authorisations must—

(a)notify the person who is the subject of the permit of—

(i)the transfer; and

(ii)the name and contact details of the administering practitioner who has accepted the transfer of the administration authorisations; and

(b)record the transfer in the person's medical record.

(2)Within 7 days after a transfer of the administration authorisations under a voluntary assisted dying permit takes effect, the practitioner who transferred the administration authorisations must give a copy of the administering practitioner transfer form to the Board.".

50Heading to Division 2 of Part 5 amended

In the heading to Division 2 of Part 5 of the Principal Act, for "Administration" substitute "Practitioner administration".

51Section 64 amended

(1)In the heading to section 64 of the Principal Act, after "make" insert "practitioner".

(2)For section 64(1) of the Principal Act substitute—

"(1)A person who is the subject of a voluntary assisted dying permit may request the person's administering practitioner to administer to that person a voluntary assisted dying substance prescribed under the permit if—

(a)the person has made a practitioner administration decision; and

(b)the practitioner administration decision is in effect; and

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

(d)the person's request to access voluntary assisted dying is enduring; and

(e)the person understands that the voluntary assisted dying substance is to be administered immediately after making the request under this subsection.".

(3)In section 64(2) and (3) of the Principal Act, for "The person" substitute "A person who makes a practitioner administration request".

(4)In section 64(4) of the Principal Act, for "An" substitute "A practitioner".

(5)In section 64(5) of the Principal Act, for "co‑ordinating medical practitioner must refuse to accept the person's administration request if the co-ordinating medical" substitute "administering practitioner for a person must refuse to accept a practitioner administration request made by the person if the administering".

52Section 65 substituted

For section 65 of the Principal Act substitute—

"65 Witness to practitioner administration request and administration of voluntary assisted dying substance

(1)For the purposes of sections 51C(4) and 64(4), a witness to a person making a practitioner administration request and the administration of a voluntary assisted dying substance to that person—

(a)must be 18 years of age or over; and

(b)must not be the person's co-ordinating medical practitioner or any other person who is, or has been, the person's administering practitioner; and

(c)must not have a conflict of interest with the person's co-ordinating medical practitioner or any other person who is, or has been, the person's administering practitioner.

(2)After witnessing a person make a practitioner administration request and the administration of a voluntary assisted dying substance to that person, the witness, in the prescribed form, must—

(a)certify in writing that—

(i)the person, at the time of making the practitioner administration request, appeared to have decision-making capacity in relation to voluntary assisted dying; and

(ii)the person, in requesting access to voluntary assisted dying, appeared to be acting voluntarily and without coercion; and

(iii)the person's request to access voluntary assisted dying appeared to be enduring; and

(b)state that the administering practitioner administered the voluntary assisted dying substance to the person.".

53Section 66 substituted

For section 66 of the Principal Act substitute—

"66   Certification by administering practitioner following administration of voluntary assisted dying substance

(1)After administering a voluntary assisted dying substance to a person, the person's administering practitioner, in the same administering practitioner administration form completed by the witness to the administration, must certify in writing that the practitioner is satisfied that—

(a)the person, at the time of making the practitioner administration request, had decision-making capacity in relation to voluntary assisted dying; and

(b)the person, in requesting access to voluntary assisted dying, acted voluntarily and without coercion; and

(c)the person's request to access voluntary assisted dying was enduring.

(2)Within 7 days after administering a voluntary assisted dying substance to a person, the person's administering practitioner must give a copy of the completed administering practitioner administration form to the Board.".

54Section 67 amended

(1)In the heading to section 67 of the Principal Act, for "Coroner" substitute "State Coroner".

(2)For section 67(1)(a) of the Principal Act substitute—

"(a)the registered medical practitioner's reasonable belief or knowledge that—

(i)the person was the subject of a voluntary assisted dying permit but a voluntary assisted dying substance was not self-administered by the person or administered to the person; or

(ii)the person was the subject of a voluntary assisted dying permit and accessed voluntary assisted dying by—

(A)self-administering a voluntary assisted dying substance; or

(B)having the administering practitioner for the person administer a voluntary assisted dying substance to the person; and".

(3)In section 67(2) of the Principal Act, for "Coroner" substitute "State Coroner".

(4)For section 67(2)(a) of the Principal Act substitute—

"(a)the registered medical practitioner's reasonable belief or knowledge that—

(i)the person was the subject of a voluntary assisted dying permit but a voluntary assisted dying substance was not self-administered by the person or administered to the person; or

(ii)the person was the subject of a voluntary assisted dying permit and accessed voluntary assisted dying by—

(A)self-administering a voluntary assisted dying substance; or

(B)having the administering practitioner for the person administer a voluntary assisted dying substance to the person; and".

55Application for review of certain decisions by VCAT

(1)In section 68(1)(c) of the Principal Act, for "section 47(3)(a) or 48(3)(b)" substitute "section 47(1)(a)".

(2)In section 68(1)(d) of the Principal Act, after "a decision" insert "of the administering practitioner for a person".

56Notice requirements

After section 69(a) of the Principal Act insert—

"(ab)if the person is the subject of a voluntary assisted dying permit and a transfer of the administration authorisations under the permit has taken effect, the administering practitioner for the person; and".

57No further action to be taken in relation to access to voluntary assisted dying if application to VCAT in existence

(1)In section 70(c) of the Principal Act, for "permit," substitute "permit".

(2)For section 70(d) of the Principal Act substitute—

"(d)any voluntary assisted dying permit issued in respect of the person is suspended for the period during which the application is in existence, other than the following authorisations under the permit—

(i)in the case of a person who makes a self-administration decision—

(A)an authorisation specified in section 51A(3) for the person to possess and store the voluntary assisted dying substance; and

(B)an authorisation specified in section 51A(4), (5), (6) or (7);

(ii)in the case of a person who revokes a self-administration decision, an authorisation specified in section 51B;

(iii)in the case of a person who makes a practitioner administration decision, an authorisation specified in section 51C(6);

(iv)in the case of a person who revokes a practitioner administration decision, an authorisation specified in section 51D.".

58Section 73 amended

(1)In the heading to section 73 of the Principal Act, for "or consulting medical practitioner" substitute ", consulting medical practitioner or administering practitioner".

(2)In section 73(1) of the Principal Act, for "or if" substitute "if".

(3)After section 73(2) of the Principal Act insert—

"(2A)The administering practitioner for a person who is the subject of a voluntary assisted dying permit may refuse to continue to perform the role of administering practitioner in relation to the person if—

(a)an application under section 68(1) was made for review of a decision of the administering practitioner that the person did not have decision-making capacity in relation to voluntary assisted dying; and

(b)VCAT determines that the person had decision-making capacity.".

(4)After section 73(4) of the Principal Act insert—

"(5)An administering practitioner who refuses under subsection (2A) to continue to perform the role of administering practitioner must transfer the administration authorisations under the permit in accordance with Division 1A of Part 5.".

59Mandatory notification by registered health practitioner

(1)Before section 75(1)(a) of the Principal Act insert—

"(aa)who is a registered medical practitioner, registered nurse, registered psychologist or registered Aboriginal and Torres Strait Islander health practitioner is, in the course of providing health services or professional care services to a person, initiating or attempting to initiate a discussion about voluntary assisted dying with that person that is not, or would not be, in accordance with this Act; or".

(2)In section 75(1)(a) of the Principal Act—

(a)for "provides health services or professional care services to a person is" substitute "is not a registered medical practitioner, registered nurse, registered psychologist or registered Aboriginal and Torres Strait Islander health practitioner is, in the course of providing health services or professional care services to a person";

(b)in subparagraph (i) omit "in the course of providing those services to the person,".

60Mandatory notification by employer

(1)Before section 76(1)(a) of the Principal Act insert—

"(aa)who is a registered medical practitioner, registered nurse, registered psychologist or registered Aboriginal and Torres Strait Islander health practitioner is, in the course of providing health services or professional care services to a person, initiating or attempting to initiate a discussion about voluntary assisted dying with that person that is not, or would not be, in accordance with this Act; or".

(2)In section 76(1)(a) of the Principal Act—

(a)for "provides health services or professional care services to a person is" substitute "is not a registered medical practitioner, registered nurse, registered psychologist or registered Aboriginal and Torres Strait Islander health practitioner is, in the course of providing health services or professional care services to a person";

(b)in subparagraph (i) omit "in the course of providing those services to the person,".

61Voluntary notification by persons

(1)Before section 77(a) of the Principal Act insert—

"(aa)who is a registered medical practitioner, registered nurse, registered psychologist or registered Aboriginal and Torres Strait Islander health practitioner is, in the course of providing health services or professional care services to a person, initiating or attempting to initiate a discussion about voluntary assisted dying with that person that is not, or would not be, in accordance with this Act; or".

(2)In section 77(a) of the Principal Act—

(a)for "provides health services or professional care services to a person is" substitute "is not a registered medical practitioner, registered nurse, registered psychologist or registered Aboriginal and Torres Strait Islander health practitioner is, in the course of providing health services or professional care services to a person";

(b)in subparagraph (i) omit "in the course of providing those services to the person,".

62Section 83 amended

(1)In the heading to section 83 of the Principal Act, for "not to comply with practitioner administration" substitute "for administering practitioner to administer voluntary assisted dying substance other than in accordance with".

(2)In section 83 of the Principal Act—

(a)for "A co-ordinating medical" substitute "An administering";

(b)for "to a person who is the subject of a practitioner administration permit a voluntary assisted dying substance specified in that permit, if the co-ordinating medical" substitute "a voluntary assisted dying substance to a person who is the subject of a voluntary assisted dying permit if the administering".

(3)In the note at the foot of section 83 of the Principal Act, for "46 for the authorisation of a co‑ordinating medical practitioner by a practitioner administration" substitute "51C for authorisations of an administering practitioner under a voluntary assisted dying".

63Section 84 amended

(1)In the heading to section 84 of the Principal Act, for "voluntary assisted dying substance to another person—self-administration permit" substitute "to another person voluntary assisted dying substance dispensed for self‑administration".

(2)In section 84 of the Principal Act, for "knowingly administer to another person a voluntary assisted dying substance dispensed in accordance with a self-administration permit" substitute "administer a voluntary assisted dying substance to another person if—

(a)the substance was dispensed under a voluntary assisted dying permit to a person who was the subject of the permit and had made a self-administration decision; and

(b)the self-administration decision is in effect; and

(c)the person administering the substance knows that—

(i)the substance being administered was dispensed as described in paragraph (a); and

(ii)the self-administration decision is in effect".

64Offence to induce another person to request voluntary assisted dying

In section 85(2) of the Principal Act, in paragraph (d) of the definition of request, for "an" substitute "a practitioner".

65Offence to induce self-administration of a voluntary assisted dying substance

In section 86 of the Principal Act, for "in accordance with a self-administration" substitute "under a voluntary assisted dying".

66Offence to falsify form or record

(1)After section 87(2)(e) of the Principal Act insert—

"(ea)an administration decision and prescription form; or

(eb)an administration decision revocation form; or".

(2)After section 87(2)(g) of the Principal Act insert—

"(ga)an administering practitioner transfer form; or".

(3)In section 87(2)(h) of the Principal Act, for "a co‑ordinating medical" substitute "an administering".

67Offence to make a false statement

(1)In section 88(2)(f) of the Principal Act, for "self‑administration permit under section 47" substitute "voluntary assisted dying permit".

(2)Section 88(2)(g) of the Principal Act is repealed.

(3)In section 88(2)(h) of the Principal Act, for "made under section 47(2)(f)" substitute "referred to in section 47(2)(d)".

(4)For section 88(2)(i) of the Principal Act substitute—

"(i)an administration decision and prescription form; or

(ia)an administration decision revocation form; or".

(5)After section 88(2)(k) of the Principal Act insert—

"(ka)an administering practitioner transfer form; or".

(6)In section 88(2)(l) of the Principal Act, for "a co‑ordinating medical" substitute "an administering".

68Section 89 substituted

For section 89 of the Principal Act substitute—

89Offences for contact person not to return voluntary assisted dying substance after death or revocation of self-administration decision"

(1)Within 15 days after the death of a person to whom a voluntary assisted dying substance was dispensed under a voluntary assisted dying permit, the person's contact person must return to a pharmacist at the dispensing pharmacy any of the substance that the contact person knows is unused or remaining after the person's death.

Penalty:Level 8 imprisonment (12 months maximum) or 120 penalty units or both.

(2)Within 15 days after a person who is the subject of a voluntary assisted dying permit revokes a self-administration decision, the person's contact person must return to a pharmacist at the dispensing pharmacy any voluntary assisted dying substance that the contact person knows—

(a)was dispensed to the person before that revocation; and

(b)has not been returned by the person to a pharmacist at the dispensing pharmacy after that revocation.

Penalty:Level 8 imprisonment (12 months maximum) or 120 penalty units or both.".

69Offence to fail to give copies of forms to the Board

(1)After section 90(2)(c) of the Principal Act insert—

"(ca)a contact person appointment form; or

(cb)an administration decision and prescription form; or

(cc)an administration decision revocation form; or".

(2)After section 90(2)(e) of the Principal Act insert—

"(ea)an administering practitioner transfer form; or".

(3)In section 90(2)(f) of the Principal Act, for "a co‑ordinating medical" substitute "an administering".

70Section 105 amended

(1)For the heading to section 105 of the Principal Act substitute—

"Receipt and notice of certain forms".

(2)For section 105(1) of the Principal Act substitute—

"(1)As soon as practicable after receiving a copy of any of the following forms from a registered medical practitioner, nurse practitioner, registered nurse or pharmacist, the Board must notify the practitioner, nurse or pharmacist that the copy has been received—

(a)a first assessment report form;

(b)a consulting assessment report form;

(c)a final review form;

(d)a contact person appointment form;

(e)an administration decision and prescription form;

(f)an administration decision revocation form;

(g)a voluntary assisted dying substance dispensing form;

(h)a voluntary assisted dying substance disposal form;

(i)an administering practitioner transfer form;

(j)an administering practitioner administration form.".

71Section 106 substituted

For section 106 of the Principal Act substitute—

"106   Board to provide information to contact person in certain circumstances

(1)Within 7 days after the Registrar notifies the Board of a person's death in accordance with section 40A of the Births, Deaths and Marriages Registration Act 1996, the Board must provide information to the person's contact person that—

(a)sets out the requirement to return any unused or remaining voluntary assisted dying substance to a pharmacist at the dispensing pharmacy within 15 days after the person's death; and

Note

See sections 51A(4) and 89(1).

(b)outlines the support services available to assist the contact person with the performance of the requirement referred to in paragraph (a).

(2)Within 7 days after the Board receives an administration decision revocation form in respect of a person who has revoked a self‑administration decision after a voluntary assisted dying substance has been dispensed to the person, the Board must provide information to the person's contact person that—

(a)sets out the requirement to return the voluntary assisted dying substance to a pharmacist at the dispensing pharmacy within 15 days after the revocation of the self-administration decision; and

Note

See sections 51B(3) and 89(2).

(b)outlines the support services available to assist the contact person with the performance of the requirement referred to in paragraph (a).".

72Delegation by Secretary

In section 113 of the Principal Act, for "Division 2" substitute "Division 1".

73Section 114 amended

(1)In the heading to section 114 of the Principal Act, for "medical" substitute "registered health".

(2)For section 114(a) of the Principal Act substitute—

"(a)requirements for registered medical practitioners, nurse practitioners and registered nurses in relation to the operation of this Act, including functions of co‑ordinating medical practitioners, consulting medical practitioners and administering practitioners under this Act;".

74Interpreters

At the foot of section 115(a) of the Principal Act insert—

"Note

A person who requires the assistance of an interpreter in relation to requesting access to or accessing voluntary assisted dying may apply for an exemption from compliance with this paragraph in relation to that interpreter—see section 115A.".

75New section 115A inserted

After section 115 of the Principal Act insert—

"115A   Exemption from compliance with requirement that interpreter must be accredited by a prescribed body

(1)A person who requires the assistance of an interpreter in relation to requesting access to or accessing voluntary assisted dying (the applicant) may apply to the Secretary for an exemption from compliance with the requirement specified in section 115(a) in relation to that interpreter.

(2)The Secretary, by written notice given to the applicant, may exempt the applicant's interpreter from compliance with the requirement specified in section 115(a) if the Secretary is satisfied that—

(a)another interpreter who is accredited in accordance with section 115(a) is not available to assist the applicant; and

(b)there are exceptional circumstances that warrant the exemption.

(3)An application under subsection (1) may be made on an applicant's behalf by—

(a)the applicant's co-ordinating medical practitioner; or

(b)the applicant's consulting practitioner; or

(c)if the applicant is the subject of a voluntary assisted dying permit and a transfer of the administration authorisations under the permit has taken effect, the applicant's administering practitioner.".

76Section 116 substituted

For section 116 of the Principal Act substitute—

"116   Review of this Act

(1)The Minister must cause a review of this Act to be conducted at least once every 5 years.

(2)The first review under subsection (1) must be commenced no later than 19 April 2030.

(3)The Minister must cause a report of a review to be transmitted to each House of the Parliament as soon as is practicable after it has been prepared.

(4)The clerk of each House of the Parliament must cause the report to be laid before the House on the day on which it is received or on the next sitting day of the House.

(5)If the Minister proposes to transmit the report to the Parliament on a day on which neither House of the Parliament is actually sitting, the Minister must—

(a)give one business day's notice of the Minister's intention to do so to the clerk of each House of the Parliament; and

(b)give the report to the clerk of each House on the day indicated in the notice.

(6)The clerk of each House must—

(a)notify each member of the House of the receipt of a notice under subsection (5)(a) on the same day that the clerk receives the notice; and

(b)ensure that a copy of the report is available to each member of the House as soon as practicable after the report is received under subsection (5)(b); and

(c)cause the report to be laid before the House on the next sitting day of the House.

(7)A copy of a report that is given to the clerk of a House of the Parliament under subsection (5)(b) is taken to have been published by order, or under the authority, of that House.".

77Regulations

For section 118(1) of the Principal Act substitute—

"(1)The Governor in Council may make regulations for or with respect to the following matters—

(a)prescribing forms to be used for the purposes of this Act;

(b)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.".

78New Part 11 inserted

After Part 10 of the Principal Act insert—

"PART 11—TRANSITIONAL PROVISIONS

119Voluntary Assisted Dying Amendment Act 2025—voluntary assisted dying permit

(1)On and after the commencement day—

(a)a self-administration permit issued and in force in respect of a person immediately before the commencement day continues in force as a voluntary assisted dying permit in respect of the person; and

(b)the person is taken to have made a self‑administration decision; and

(c)a prescription for a voluntary assisted dying substance issued under the self‑administration permit by the co‑ordinating medical practitioner for the person immediately before the commencement day is taken to be a prescription for a voluntary assisted dying substance that is authorised by, and in accordance with, section 51A(2).

(2)On and after the commencement day—

(a)a practitioner administration permit issued and in force in respect of a person immediately before the commencement day continues in force as a voluntary assisted dying permit in respect of the person; and

(b)the person is taken to have made a practitioner administration decision; and

(c)a prescription for a voluntary assisted dying substance issued under the practitioner administration permit by the co-ordinating medical practitioner for the person immediately before the commencement day is taken to be a prescription for a voluntary assisted dying substance that is authorised by, and in accordance with, section 51C(2).

(3)On and after the commencement day—

(a)an application for a self-administration permit in respect of a person made immediately before the commencement day but not yet determined is taken to be an application for a voluntary assisted dying permit; and

(b)the person is taken to have made a self‑administration decision.

(4)On and after the commencement day—

(a)an application for a practitioner administration permit in respect of a person made immediately before the commencement day but not yet determined is taken to be an application for a voluntary assisted dying permit; and

(b)the person is taken to have made a practitioner administration decision.

(5)In this section—

commencement day means the day on which the Voluntary Assisted Dying Amendment Act 2025 comes into operation;

practitioner administration permit means a permit issued under section 49(2)(a)(ii) as in force before the substitution of section 49(2)(a) by the Voluntary Assisted Dying Amendment Act 2025;

self-administration permit means a permit issued under section 49(2)(a)(i) as in force before the substitution of section 49(2)(a) by the Voluntary Assisted Dying Amendment Act 2025.".

79Schedule 1 repealed

Schedule 1 to the Principal Act is repealed.

PART 3—AMENDMENT OF OTHER ACTS

Division 1—Amendment of Drugs, Poisons and Controlled Substances Act 1981

80Persons authorized to have possession etc. of poisons or controlled substances

After section 13(8) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(9)A nurse practitioner who obtains, possesses, uses or administers a voluntary assisted dying substance in accordance with a voluntary assisted dying permit under the Voluntary Assisted Dying Act 2017—

(a)is authorised to obtain, possess, use or administer that substance for the purposes of subsection (1); and

(b)is taken to obtain, possess, use or administer that substance in the lawful practice of the nurse practitioner's profession.

(10)A registered nurse who obtains, possesses, uses or administers a voluntary assisted dying substance in accordance with a voluntary assisted dying permit under the Voluntary Assisted Dying Act 2017—

(a)is authorised to obtain, possess, use or administer that substance for the purposes of subsection (1); and

(b)is taken to obtain, possess, use or administer that substance in the lawful practice of the registered nurse's profession.".

81Managing the administration of drugs of dependence and Schedule 9, Schedule 8 and Schedule 4 poisons in residential aged care homes

For section 36E(2) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"(2)Subsection (1) does not apply to the management of the administration of a voluntary assisted dying substance to a person—

(a)who is the subject of a voluntary assisted dying permit; and

(b)for whom that voluntary assisted dying substance has been prescribed under the permit; and

(c)who is accessing funded aged care services in a residential aged care home.".

82Administration of drugs of dependence and Schedule 9, Schedule 8 and Schedule 4 poisons in residential aged care homes

For section 36EA(4) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"(4)Subsection (1) does not apply to the administration of a voluntary assisted dying substance to a person—

(a)who is the subject of a voluntary assisted dying permit; and

(b)for whom that voluntary assisted dying substance has been prescribed under the permit; and

(c)who is accessing funded aged care services in a residential aged care home.".

Division 2—Amendment of other Acts

83Births, Deaths and Marriages Registration Act 1996

In section 40(1A) of the Births, Deaths and Marriages Registration Act 1996—

(a)for "being notified by a doctor of a death under section 37 and in accordance with" substitute "receiving notification of a death from a doctor under section 37(1) and a notification under";

(b)in paragraph (b), for "in the case that the Registrar is notified in accordance with section 67(1)(a)(ii) or (iii)" substitute "in the case of a notification under section 67(1)(a)(ii) of the Voluntary Assisted Dying Act 2017";

(c)for paragraph (b)(i) substitute—

"(i)the person was the subject of a voluntary assisted dying permit and accessed voluntary assisted dying by—

(A)self-administering a voluntary assisted dying substance; or

(B)having the administering practitioner for the person administer a voluntary assisted dying substance to the person; and".

84Health Records Act 2001

In section 3(1) of the Health Records Act 2001, in the definition of health service, after paragraph (cc) insert—

"(cd)the administration of a voluntary assisted dying substance within the meaning of the Voluntary Assisted Dying Act 2017 in accordance with that Act by a nurse practitioner or registered nurse; or".

PART 4—REPEAL OF THIS ACT

85Repeal of this Act

This Act is repealed on 19 April 2028.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 October 2025

Legislative Council: 30 October 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Voluntary Assisted Dying Act 2017 to improve the experience of voluntary assisted dying, to consequentially amend other Acts and for other purposes."