Voluntary Assisted Dying Act 2024

This section applies if an individual’s coordinating practitioner (the original practitioner) is unable or unwilling to exercise their functions as coordinating practitioner.

The original practitioner must ask another health practitioner to become the individual’s coordinating practitioner (a transfer request) if the individual consents to the request being made.

Within 4 business days after the day the original practitioner makes a transfer request, the other health practitioner must tell the original practitioner whether the other health practitioner accepts or refuses to accept the request.

The other health practitioner—

must refuse to accept the transfer request if they do not meet the coordinating practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

may refuse to accept the transfer request if they are unable or unwilling to exercise the functions of a coordinating practitioner.

A health practitioner may refuse to accept a transfer request if they have a conscientious objection (see s 99).

If the other health practitioner accepts the transfer request, the original practitioner must—

tell the individual that the request has been accepted; and

record the request acceptance in the individual’s health record; and

give the board written notice of the request acceptance as soon as practicable, but not later than 4 business days after the day the original practitioner tells the individual that the request has been accepted; and

tell the other health practitioner about the notice given under paragraph (c) as soon as practicable after giving the notice.

An offence against this section is a strict liability offence.

When the original practitioner gives the board notice under subsection (5) (c)—

the other health practitioner becomes the individual’s coordinating practitioner (the new practitioner); and

the functions of the original practitioner transfer to the new practitioner.

The original practitioner must refer the individual to the approved care navigator service if the original practitioner is unable to transfer their functions after taking reasonable steps to do so.