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s 14

Health practitioner must accept or refuse to accept first request

In force
Part 3Request and assessment process for access to voluntary assisted dying
Division 3.1First request, coordinating practitioner and first assessment

14 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.

Note A 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.

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