Voluntary Assisted Dying Regulation 2025

This regulation is the Voluntary Assisted Dying Regulation 2025.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘condition—see the Act, section 11 (2).’ means that the term ‘condition’ is defined in that subsection and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Part 2 Request and assessment process for voluntary assisted dying

The following information is prescribed:

information about the request and assessment process, including the requirements that must be met for an individual to be found eligible to access voluntary assisted dying;

information about the process for an individual to access voluntary assisted dying after the request and assessment process for the individual is complete;

a statement that if the request and assessment process is complete for an individual, the individual may choose to self‑administer an approved substance or have an approved substance administered to them by a health practitioner;

information about the functions of authorised practitioners and other health practitioners who may be involved in relation to an individual who has decided to access voluntary assisted dying;

information about the functions of an individual’s contact person;

a statement about the effect of the Act, section 136 (1) (Making application for review of reviewable decision) and which decisions made under the Act are reviewable decisions;

a statement about how information about an individual who has made a request to access voluntary assisted dying may be used or disclosed;

a statement about the services for support and care available to an individual who has been diagnosed with a relevant condition, including palliative care options;

the likely expenses for an individual who decides to access voluntary assisted dying;

the role of the board.

For this section, a request and assessment process for an individual is complete if the individual’s coordinating practitioner has prepared a final assessment report for the individual under the Act, section 36 (2).

In this section:

relevant condition means a condition that, either on its own or in combination with 1 or more other diagnosed conditions, is expected to cause the death of an individual.

reviewable decision—see the Act, section 134.

The following information is prescribed:

the individual’s diagnosis and prognosis;

the treatment options available to the individual;

the likely outcome of the treatment options;

the palliative care options available to the individual;

the likely outcome of the palliative care options;

information about the request and assessment process, including the requirement for an individual’s second request to be signed in the presence of 2 eligible witnesses;

a statement that the individual may choose to self-administer an approved substance or have an approved substance administered to them by a health practitioner;

the potential complications of an approved substance being administered by or to the individual;

a statement that death of the individual is the expected outcome of an approved substance being administered by or to the individual;

a statement about the effect of the Act, section 9 (1) (No obligation to continue with request to access voluntary assisted dying);

a statement that the individual may wish to tell their other treating health practitioners that they have made a request to access voluntary assisted dying.

In this section:

eligible witness—see the Act, section 27 (6).

The following information is prescribed:

the individual’s name;

the individual’s date of birth;

the individual’s home address;

the individual’s gender identity (if known);

if the coordinating practitioner decides the individual meets the eligibility requirement mentioned in the Act, section 11 (1) (b)—the individual’s condition or conditions that meet the requirement;

the reasons why the coordinating practitioner decided the individual’s condition or conditions are or are not advanced, progressive and expected to cause death;

whether the individual has a disability other than a condition that meets the eligibility requirement mentioned in the Act, section 11 (1) (b) (if known);

whether the individual is an Aboriginal or Torres Strait Islander person (if known);

whether the individual is from a culturally and linguistically diverse background (if known);

the language used by the individual at home (if known);

whether the individual used an interpreter during the first assessment;

the day the individual made the first request;

the day the coordinating practitioner accepted the individual’s first request;

the day the coordinating practitioner made their decision on the first assessment.

In this section:

advanced—see the Act, section 11 (3).

gender identity—see the Discrimination Act 1991, dictionary.

progressive—see the Act, section 11 (7).

The following information is prescribed:

the individual’s name;

the individual’s date of birth;

the individual’s home address;

if the consulting practitioner decides the individual meets the eligibility requirement mentioned in the Act, section 11 (1) (b)—the individual’s condition or conditions that meet the requirement;

the reasons why the consulting practitioner decided the individual’s condition or conditions are or are not advanced, progressive and expected to cause death;

whether the individual has a disability other than a condition that meets the eligibility requirement mentioned in the Act, section 11 (1) (b) (if known);

whether the individual used an interpreter during the consulting assessment;

the day the consulting practitioner made their decision on the consulting assessment.

In this section:

advanced—see the Act, section 11 (3).

progressive—see the Act, section 11 (7).

The following information is prescribed:

the individual’s name;

the individual’s date of birth;

the individual’s home address;

the day the individual made the final request;

whether the individual used an interpreter to make the final request;

a statement that the individual’s final request met the requirements mentioned in the Act, section 32 (2).

The following information is prescribed:

the individual’s name;

the individual’s date of birth;

the individual’s home address;

the coordinating practitioner’s decision about—

whether the individual has decision-making capacity in relation to voluntary assisted dying; and

whether the individual’s decision to access voluntary assisted dying is made voluntarily and without coercion;

whether the individual used an interpreter during the final assessment;

the day the coordinating practitioner made their decision on the final assessment.

Part 3 Accessing voluntary assisted dying and death

The following information is prescribed:

the name and telephone number of the individual;

the name, home address or business address and telephone number of the person being appointed as the individual’s contact person (the appointee);

a statement that the appointee—

is an adult; and

consents to the appointment; and

acknowledges the functions and obligations of a contact person under the Act, including the obligations under the Act, section 69 (Giving approved substances to approved disposer if individual dies or contact person appointment ends—contact person);

if the contact person appointment is prepared by another person under the Act, section 51 (4) (b) (ii)—

the name of the person who prepared the appointment; and

a statement that the person is an adult; and

a statement that the person prepared the appointment; and

a statement that the individual asked the person to prepare the appointment.

The following eligibility requirements are prescribed:

the health practitioner is—

a pharmacist; and

a public servant working in Canberra Health Services;

the health practitioner has successfully completed any pharmacist training approved by the chief executive officer of Canberra Health Services.

The following information is prescribed:

the medicine that constitutes the approved substance;

a statement that the individual is under no obligation to proceed with the administration of the approved substance;

the business address and telephone number of an approved disposer who is authorised to dispose of the approved substance;

if the individual has a practitioner administration decision in effect—

the method by which the approved substance will be administered to the individual; and

the expected effects on the individual of the approved substance being administered to the individual; and

the period in which the individual is likely to die after the approved substance is administered to the individual; and

the potential complications of the approved substance being administered to the individual;

if the individual has a self-administration decision in effect—

the business address and telephone number of an approved supplier who can supply the approved substance to the individual; and

a statement about the storage requirements and liability under the Act, section 74 (Storage of approved substances); and

details about how the individual can prepare and self‑administer the approved substance; and

the period during which a prescription for the approved substance is valid; and

a statement about the effect of the Act, section 68 (Giving approved substances to approved disposer if administration decision revoked—individual or contact person); and

a statement about the effect of the Act, section 69 (Giving approved substances to approved disposer if individual dies or contact person appointment ends—contact person); and

the expected effects on the individual of self‑administering the approved substance; and

the period in which the individual is likely to die after self‑administering the approved substance; and

the potential complications of the individual self‑administering the approved substance.

The information mentioned in subsection (1) must be given to the individual orally and in writing.