Voluntary Assisted Dying Act 2022

This Act is the Voluntary Assisted Dying Act 2022.

This Act commences on the day that is 18 months after the date of assent to this Act.

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

A person exercising a power or performing a function under this Act must have regard to the following principles—

every human life has equal value,

a person’s autonomy, including autonomy in relation to end of life choices, should be respected,

a person has the right to be supported in making informed decisions about the person’s medical treatment and should be given, in a way the person understands, information about medical treatment options, including comfort and palliative care and treatment,

a person approaching the end of life should be provided with high quality care and treatment, including palliative care and treatment, to minimise the person’s suffering and maximise the person’s quality of life,

a therapeutic relationship between a person and the person’s health practitioner should, wherever possible, be supported and maintained,

a person should be encouraged to openly discuss death and dying, and the person’s preferences and values regarding the person’s care, treatment and end of life should be encouraged and promoted,

a person should be supported in conversations with the person’s health practitioners, family, carers and community about care and treatment preferences,

a person is entitled to genuine choices about the person’s care, treatment and end of life, irrespective of where the person lives in New South Wales and having regard to the person’s culture and language,

a person who is a regional resident is entitled to the same level of access to voluntary assisted dying and high quality care and treatment, including palliative care and treatment, as a person who lives in a metropolitan region,

there is a need to protect persons who may be subject to pressure or duress,

Note—

See the definition of pressure or duress in the Dictionary in Schedule 1.

all persons, including health practitioners, have the right to be shown respect for their culture, religion, beliefs, values and personal characteristics.

In subsection (1), the reference to a person exercising a function under this Act includes the Supreme Court exercising its jurisdiction in relation to a decision made under this Act.

The Dictionary in Schedule 1 defines words and expressions used in this Act.

Note—

The Interpretation Act 1987 also contains definitions and other provisions that affect the interpretation and application of this Act.

For the purposes of this Act, a patient has decision-making capacity in relation to voluntary assisted dying if the patient has the capacity to—

understand information or advice about a voluntary assisted dying decision required under this Act to be provided to the patient, and

remember the information or advice referred to in paragraph (a) to the extent necessary to make a voluntary assisted dying decision, and

understand the matters involved in a voluntary assisted dying decision, and

understand the effect of a voluntary assisted dying decision, and

weigh up the factors referred to in paragraphs (a), (c) and (d) for the purposes of making a voluntary assisted dying decision, and

communicate a voluntary assisted dying decision in some way.

For the purposes of this Act, a patient is—

presumed to have the capacity to understand information or advice about voluntary assisted dying if it reasonably appears the patient is able to understand an explanation of the consequences of making the decision, and

presumed to have decision-making capacity in relation to voluntary assisted dying unless the patient is shown not to have the capacity.

In this section—

voluntary assisted dying decision means—

a request for access to voluntary assisted dying, or

a decision to access voluntary assisted dying.

The Health Secretary may, in writing, approve a Schedule 4 poison or Schedule 8 poison for use under this Act for the purpose of causing a patient’s death.

A poison approved under subsection (1) is a voluntary assisted dying substance.

The Health Secretary must keep a list of voluntary assisted dying substances.

For the purposes of this Act, the request and assessment process has been completed in relation to a patient if the patient’s coordinating practitioner—

has completed the final review form in relation to the patient, and

has certified in the final review form that the request and assessment process has been completed in accordance with this Act.

A registered health practitioner who has a conscientious objection to voluntary assisted dying has the right to refuse to do any of the following—

participate in the request and assessment process,

prescribe, supply or administer a voluntary assisted dying substance,

be present at the time of the administration of a voluntary assisted dying substance.

Subsection (1) does not limit the circumstances in which a registered health practitioner may refuse to do any of the things referred to in the subsection.

A health care worker who provides health services or professional care services to a person must not, while providing the services to the person—

initiate a discussion with the person that is in substance about voluntary assisted dying, or

in substance, suggest voluntary assisted dying to the person.

Note—

A contravention of this Act is capable of constituting unsatisfactory professional conduct or professional misconduct for the purposes of the Health Practitioner Regulation National Law, whether or not the contravention constitutes an offence.

Subsection (1) does not apply to a medical practitioner who initiates a discussion or makes a suggestion referred to in subsection (1)(a) or (b) if, at the time the discussion is initiated or the suggestion is made, the medical practitioner also informs the person about the following—

the treatment options available to the person that would be considered standard care for the disease, illness or medical condition with which the person has been diagnosed,

the likely outcomes of the treatment options available to the person,

the palliative care and treatment options available to the person,

the likely outcomes of the palliative care and treatment options.

Also, subsection (1) does not apply to a health care worker, other than a medical practitioner, who initiates a discussion or makes a suggestion referred to in subsection (1)(a) or (b) if, at the time the discussion is initiated or the suggestion is made, the health care worker also informs the person that the person—

has palliative care and treatment options available, and

should discuss the palliative care and treatment options with the person’s medical practitioner.

To avoid doubt, subsection (1) does not apply to a health care worker who provides information about voluntary assisted dying to a person at the person’s request.

In this section—

health care worker means—

a registered health practitioner, or

another person who provides health services or professional care services.

A contravention of a provision of this Act by a registered health practitioner is capable of constituting unsatisfactory professional conduct or professional misconduct for the purposes of the Health Practitioner Regulation National Law.

Subsection (1) applies whether or not the contravention constitutes an offence under this Act.

For the purposes of the law of the State, a person who dies as the result of the administration of a prescribed substance in accordance with this Act does not die by suicide.

Voluntary assisted dying action does not—

constitute an attempt by the person to cause serious physical harm to the person for the purposes of the Mental Health Act 2007, section 22, or

otherwise provide a ground for a police officer to take action under that section.

In this section—

voluntary assisted dying action means any of the following done in accordance with this Act—

a request for access to voluntary assisted dying,

a self-administration decision or a practitioner administration decision,

self-administration by a person of a prescribed substance,

asking an administering practitioner to administer a prescribed substance.