Voluntary Assisted Dying Act 2024

An individual’s coordinating practitioner must undertake an assessment (a first assessment) to decide whether the individual—

meets the eligibility requirements; and

if the coordinating practitioner decides that the individual meets the eligibility requirements—understands the information given to them under subsection (3).

For subsection (1) (b), in deciding whether an individual understands information given to them, the following must be taken into account:

an individual is capable of understanding the information if they are capable of understanding the information with adequate and appropriate support;

an individual must not be treated as not understanding the information unless all practicable steps to support them to understand the information have been taken;

an individual must not be treated as not understanding the information only because they have impaired decision‑making capacity under another Act or in relation to another matter;

an individual who moves between understanding and not understanding information must, if practicable, be given the opportunity to consider the information at a time when they are most likely to understand it.

If the coordinating practitioner decides that the individual meets the eligibility requirements, the coordinating practitioner must give the individual any information prescribed by regulation.

The coordinating practitioner may take the following into account when undertaking the first assessment:

any relevant information about the individual that has been prepared by another person who, in the opinion of the coordinating practitioner, has the appropriate skills and training to provide the information;

if the coordinating practitioner refers the individual to another person for advice under section 17—any advice given by the other person.