Voluntary Assisted Dying Act 2022

This section applies if—

the person has been assessed as eligible for access to voluntary assisted dying, and

the person or the person’s agent advises the relevant entity that the person wishes to make a written declaration, and

the entity does not provide, to persons to whom relevant services are provided at the residential premises, access to the request and assessment process at the facility.

If the person is a permanent resident at the residential facility—

the relevant entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by—

the person’s coordinating practitioner, and

another person lawfully participating in the person’s request for access to voluntary assisted dying to enable the person to make a written declaration, and

if the coordinating practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from the place where the person may make a written declaration.

If the person is not a permanent resident at the residential facility—

the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person may make a written declaration, or

if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—the entity and any other entity that owns or occupies the residential facility must allow reasonable access to the person at the facility by—

the person’s coordinating practitioner, and

any other person lawfully participating in the person’s request for access to voluntary assisted dying.

In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

whether the transfer would be likely to cause serious harm to the person,

whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying,

whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying,

whether the place to which the person is proposed to be transferred is available to receive the person,

whether the person would incur financial loss or costs because of the transfer.