Referral for opinion—other matters
27 Referral for opinion—other matters
This section applies if the coordinating practitioner is unable to decide whether—
as required by section 16(1)(e), the patient has decision-making capacity in relation to voluntary assisted dying, or
Example—
due to a past or current mental illness of the patient
as required by section 16(1)(f), the patient is acting voluntarily, or
as required by section 16(1)(g), the patient is not acting because of pressure or duress.
Note—
See the definition of pressure or duress in the Dictionary in Schedule 1.
The coordinating practitioner must refer the patient to—
if the coordinating practitioner is unable to decide whether the patient has decision-making capacity in relation to voluntary assisted dying—a psychiatrist or another registered health practitioner who has appropriate skills and training to make a decision about the matter, or
if the coordinating practitioner is unable to decide whether the patient is or is not acting voluntarily or whether the patient is or is not acting because of pressure or duress—a psychiatrist or another registered health practitioner or person who has appropriate skills and training to make a decision about the matter.
Note—
See section 181(2)(b) about guidelines that apply to the referral.
If the coordinating practitioner makes a referral under this section, the coordinating practitioner may adopt the decision of the psychiatrist, other registered health practitioner or other person about the matter in relation to which the referral was made.
A psychiatrist, registered health practitioner or other person to whom the patient is referred under this section must not be—
a family member of the patient, or
a person who knows or believes that they—
are a beneficiary under a will of the patient, or
may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.
This Act’s bill:Second reading speech
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