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s 145

Orders following review of reviewable decision

In force
Part 10Review of coordinating practitioner, consulting practitioner and administering practitioner decisions
Division 10.4Decisions of ACAT

145 Orders following review of reviewable decision

(1)

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

(a)

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

(i)

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

(ii)

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

(b)

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

(i)

is acting voluntarily and without coercion; or

(ii)

is not acting voluntarily and without coercion; and

(c)

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

(i)

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

(ii)

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

(2)

An order made under subsection (1) takes effect—

(a)

on the day the order is made; or

(b)

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

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