Voluntary Assisted Dying Act 2024

This section applies if—

an individual’s coordinating practitioner decides that the individual—

meets the eligibility requirements; and

understands the information given to them under section 16 (3); and

the individual’s consulting practitioner decides that the individual—

meets the eligibility requirements; and

understands the information given to them under section 23 (3).

The individual may make another request for access to voluntary assisted dying (a second request).

The request must—

be in writing; and

state that—

the request is made voluntarily and without coercion; and

the individual understands the nature and effect of the request; and

be signed by the individual, or another individual on their behalf (an agent), in the presence of 2 eligible witnesses; and

be given to the individual’s coordinating practitioner.

However, an agent may sign the second request on behalf of the individual only if—

the individual—

is unable to sign the request; and

asks the agent to sign the request; and

the agent—

is an adult; and

is not a witness to the signing of the request; and

is not the individual’s coordinating practitioner or consulting practitioner; and

signs the request in the presence of the individual.

If an individual makes a second request with the assistance of an interpreter, the interpreter must certify on the second request that the interpreter provided a true and correct translation of any material translated.

Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

In this section:

eligible witness means someone who is not an ineligible witness.

facility—see section 101 (1).

ineligible witness means someone who—

is not an adult; or

knows or believes they are a beneficiary under the will of the individual; or

knows or believes they may otherwise benefit financially or in any other material way (other than by receiving reasonable fees for the provision of services as a witness) from—

assisting the individual to access voluntary assisted dying; or

the death of the individual; or

is an owner, or is responsible for the management, of a facility where the individual is a resident; or

is the individual’s coordinating practitioner or consulting practitioner.

resident, of a facility—see section 101 (1).