Voluntary Assisted Dying Regulation 2025

For this part, a disqualifying finding, in relation to a health practitioner, means any of the following adverse findings:

a finding that the practitioner unlawfully provided or authorised the medical treatment of a person without consent for the treatment being given;

a finding that the practitioner coerced a person;

a finding in relation to relevant misconduct of the practitioner if—

the finding results in health, conduct or performance action being taken against the practitioner; and

the health, conduct or performance action results in a condition being placed on the practitioner’s registration as a health practitioner;

a finding against the practitioner if—

the finding results in health, conduct or performance action being taken against the practitioner; and

the health, conduct or performance action results in a condition being placed on the practitioner’s registration as a health practitioner; and

the condition prevents the practitioner from carrying out a function of an authorised coordinating practitioner.

Example—par (d)

As a consequence of health, conduct or performance action taken against a doctor, they have a condition placed on their registration that prevents them from prescribing certain medicines used for voluntary assisted dying. This condition prevents the doctor from being able to carry out all the functions of an authorised coordinating practitioner because they are not able to prescribe all the medicines necessary for an individual accessing voluntary assisted dying.

For subsection (1) (c) and (d), a finding against a health practitioner is a disqualifying finding only while the condition applies to the practitioner’s registration as a health practitioner.

In this section:

controlled medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (2).

prescription only medicine—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 11 (2).

relevant misconduct, of a health practitioner, means any of the following conduct:

the practitioner misappropriating a controlled medicine or prescription only medicine;

the practitioner treating a patient if the practitioner knows or believes that they—

are a beneficiary under the will of the patient; or

may otherwise benefit financially or in any other material way (other than by receiving reasonable fees for the provision of services) from treating the patient;

the practitioner giving false or misleading information to—

a registration authority; or

any other professional, ethical standards or disciplinary body in Australia or outside Australia.

Example—par (ii)

The Royal Australian College of General Practitioners