Voluntary Assisted Dying Act 2024

The Minister must review the operation and effectiveness of this Act as soon as practicable—

3 years after the day this section commences; and

every 5 years after the first review of this Act is presented to the Legislative Assembly.

The first review must include a review in relation to the following matters:

section 11 (3), definition of advanced;

whether an individual should be allowed access to voluntary assisted dying under this Act if the individual—

has lived in the ACT for less than 12 months and is not eligible for an exemption under section 154; or

is a child with decision-making capacity in relation to voluntary assisted dying; or

seeks to access voluntary assisted dying through advanced care planning.

The Minister must present a report of each review to the Legislative Assembly.

Schedule 1 Reviewable decisions—coordinating practitioner, consulting practitioner and administering practitioner decisions

(see pt 10)

column 1 item column 2 section column 3 reviewable decision column 4 decision-maker

1

16 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (d) individual’s coordinating practitioner

2

16 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (d) individual’s coordinating practitioner

3

16 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (e) individual’s coordinating practitioner

4

16 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (e) individual’s coordinating practitioner

5

16 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s coordinating practitioner

6

16 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s coordinating practitioner

7

23 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (d) individual’s consulting practitioner

8

23 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (d) individual’s consulting practitioner

9

23 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (e) individual’s consulting practitioner

10

23 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (e) individual’s consulting practitioner

11

23 (1) (a) individual meets the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s consulting practitioner

12

23 (1) (a) individual does not meet the eligibility requirement mentioned in s 11 (1) (f) (i) individual’s consulting practitioner

13

35 individual meets the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner

14

35 individual does not meet the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner

15

35 individual meets the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner

16

35 individual does not meet the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner

17

59 (1) (f) (i) individual meets the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner

18

59 (1) (f) (i) individual does not meet the final assessment requirement mentioned in s 31 (a) individual’s coordinating practitioner

19

59 (1) (f) (i) individual meets the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner

20

59 (1) (f) (i) individual does not meet the final assessment requirement mentioned in s 31 (b) individual’s coordinating practitioner

Schedule 2 Reviewable decisions—other decisions (see pt 11)

column 1 item column 2 section column 3 decision column 4 affected person

1

92 (b) refuse to authorise person to be coordinating practitioner, consulting practitioner or administering practitioner applicant for authorisation

2

95 (a) revoke authorisation because authorised practitioner no longer eligible for authorisation authorised practitioner

3

154 (1) refuse to grant residency exemption applicant for exemption

Dictionary (see s 3)

Note The Legislation Act contains definitions relevant to this Act. For

example:  ACAT

 adult

 ambulance service

 bankrupt or personally insolvent

 business day

 child

 doctor

 health practitioner

 individual

 nurse

 nurse practitioner

 public employee

 the Territory.

administer, for an approved substance, means to introduce the substance into the body of an individual by any means.

administering practitioner, for an individual, means—

the individual mentioned in section 44 (4); or

if the functions of the administering practitioner are transferred to another health practitioner under section 46 or section 47—that health practitioner.

administration decision means a practitioner administration decision or a self-administration decision.

affected person, for a reviewable decision—

for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see section 134; and

for part 11 (Review of other decisions)—see section 150.

approved care navigator service means the entity approved under section 158.

approved disposer means a health practitioner approved under section 57 (1) (b).

approved substance means a medicine approved under section 56.

approved supplier means a health practitioner approved under section 57 (1) (a).

authorised administering practitioner, for part 5 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 86.

authorised consulting practitioner, for part 5 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 86.

authorised coordinating practitioner, for part 5 (Requirements for coordinating practitioners, consulting practitioners and administering practitioners)—see section 86.

authorised practitioner, for division 5.2 (Authorised practitioners)—see section 87.

board means the Voluntary Assisted Dying Oversight Board established under section 110.

care service, for part 7 (Obligations of facility operators)—see section 101 (1).

conduct, for part 9 (Protection from liability)—see section 128.

conscientious objection, in relation to voluntary assisted dying, means a religious or other conscientious objection to voluntary assisted dying.

consulting assessment—see section 23 (1).

consulting assessment report—see section 25 (1) (a).

consulting practitioner, for an individual, means the person mentioned in section 22 (4).

contact person, for an individual, means the person appointed by the individual as a contact person under section 51.

coordinating practitioner, for an individual, means—

the person mentioned in section 14 (4); or

if the functions of the coordinating practitioner are transferred to another health practitioner under section 37 or section 38—that health practitioner.

deciding practitioner, for a decision about the transfer of an individual, for division 7.2 (Information and access obligations)—see section 103 (1).

decision‑maker, for a reviewable decision, for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see section 134.

decision‑making capacity, in relation to voluntary assisted dying—see section 12.

eligibility requirements—see section 11.

facility, for part 7 (Obligations of facility operators)—see section 101 (1).

facility operator, for part 7 (Obligations of facility operators)—see section 101 (1).

final assessment—see section 35.

final assessment report—see section 36 (2).

final assessment requirements—see section 31.

final request—see section 32 (1).

first assessment—see section 16 (1).

first assessment report—see section 18 (1) (a).

first request—see section 13 (1).

health record—see the Health Records (Privacy and Access) Act 1997, dictionary.

possess, an approved substance, for division 4.3 (Dealing with approved substances)—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.

practitioner administration decision means a decision made by an individual under section 42 (1) (b) or section 43 (1) (a).

prescribe, an approved substance, for division 4.3 (Dealing with approved substances)—see section 55 (1).

prescription, in relation to an approved substance, for division 4.3 (Dealing with approved substances)—see section 55 (1).

registrar, for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

relevant person, for division 7.2 (Information and access obligations)—see section 103 (2).

request and assessment process means the process that consists of the following:

a first request;

a first assessment;

a consulting assessment;

a second request;

a final request;

a final assessment.

resident, of a facility, for part 7 (Obligations of facility operators)—see section 101 (1).

reviewable decision—

for part 10 (Review of coordinating practitioner, consulting practitioner and administering practitioner decisions)—see section 134; and

for part 11 (Review of other decisions)—see section 150.

second request—see section 27 (2).

self‑administration decision means a decision made by an individual under section 42 (1) (a) or section 43 (1) (b).

supply, an approved substance, for division 4.3 (Dealing with approved substances)—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 24.