Voluntary Assisted Dying Regulations 2022 (SA)

South Australia

Voluntary Assisted Dying Regulations 2022

under the Voluntary Assisted Dying Act 2021

1Short title

These regulations may be cited as the Voluntary Assisted Dying Regulations 2022.

2Commencement

These regulations come into operation on the day on which section 130 of the Voluntary Assisted Dying Act 2021 comes into operation.

3Interpretation

In these regulations, unless the contrary intention appears—

Act means the Voluntary Assisted Dying Act 2021.

4Prescribed form – consulting assessment report form

For the purposes of the definition of consulting assessment report form in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

5Prescribed form – contact person appointment form

For the purposes of the definition of contact person appointment form in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

6Prescribed form – coordinating medical practitioner administration form

For the purposes of the definition of coordinating medical practitioner administration form in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

7Prescribed form – final review form

For the purposes of the definition of final review form in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

8Prescribed form – first assessment report form

For the purposes of the definition of first assessment report form in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

9Prescribed form – voluntary assisted dying substance dispensing form

For the purposes of the definition of voluntary assisted dying substance dispensing form in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

10Prescribed form – voluntary assisted dying substance disposal form

For the purposes of the definition of voluntary assisted dying substance disposal form in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

11Prescribed form – written declaration

For the purposes of the definition of written declaration in section 3 of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

12Interpreters

For the purposes of section 7(a) of the Act, the following bodies are prescribed:

1. (a)

   the National Accreditation Authority for Translators and Interpreters Limited;

2. (b)

   any other body from time to time specified by the Minister by notice in the Gazette.

13Exemptions – Interpreters

1. (1)

   Pursuant to section 130(2)(a) of the Act, the Chief Executive may, by notice in writing and on an application made in a manner and form determined by the Chief Executive, grant an exemption to a person from the operation of section 7(a) of the Act.

2. (2)

   An exemption under subregulation (1) may be conditional or unconditional.

3. (3)

   Pursuant to section 130(2)(a) of the Act, a speech pathologist who assists a person in relation to requesting access to or accessing voluntary assisted dying is exempt from the operation of section 7(b)(iv) of the Act.

14Prescribed form – application for self administration permit

For the purposes of section 65(2)(a) of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

15Prescribed form – application for practitioner administration permit

For the purposes of section 66(2)(a) of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

16Prescribed period for determination of application

For the purposes of section 67(1) of the Act, the prescribed period is 3 business days.

17Prescribed form – voluntary assisted dying permit

For the purposes of section 67(5) of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

18Prescribed secure storage specifications for voluntary assisted dying substance

For the purposes of sections 75(b), 76(c) and 78 of the Act, the prescribed specifications are as follows:

1. (a)

   the locked box must be constructed of steel;

2. (b)

   the locked box must not be easily penetrable;

3. (c)

   the lock on the locked box must be of sturdy construction.

19Prescribed form – labeling requirements for voluntary assisted dying substance

For the purposes of section 76(2) of the Act, the prescribed form is the form determined by the Minister and published in the Gazette from time to time.

20Applicants for review of decisions by Tribunal

For the purposes of section 85(2)(b) of the Act, the following persons and classes of person are prescribed:

1. (a)

   a family member of the person to whom the decision relates;

2. (b)

   any other person who the Tribunal is satisfied has a sufficient interest in the matter.

Schedule 1—Repeal of Voluntary Assisted Dying Regulations 2021

The Voluntary Assisted Dying Regulations 2021 are repealed.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations

  Year	No	Reference	Commencement
  2022	87	Gazette 29.9.2022 p6270	29.9.2022: r 2