Voluntary Assisted Dying Act 2024

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

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

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

weigh up the consequences of the main choices; and

understand how the consequences affect them; and

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

communicate the decision in whatever way they can.

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.

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

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

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

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;

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

make an unwise decision; or

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

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 3 Request and assessment process for access to voluntary assisted dying

Division 3.1 First request, coordinating practitioner and first assessment