s 146

Effect of ACAT decision that individual meets relevant requirement

In force

(1)

This section applies if the ACAT—

(a)

makes any of the following orders under section 145:

(i)

an order that the individual has decision‑making capacity in relation to voluntary assisted dying;

(ii)

an order that the individual is acting voluntarily and without coercion;

(iii)

an order that the individual has lived in the ACT for at least the previous 12 months; and

(b)

does not also make any of the following orders under section 145 in the same proceeding:

(i)

an order that the individual does not have decision‑making capacity in relation to voluntary assisted dying;

(ii)

an order that the individual is not acting voluntarily and without coercion;

(iii)

an order that the individual has not lived in the ACT for at least the previous 12 months.

(2)

The order is taken to be the decision of the decision‑maker for the reviewable decision.

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