Voluntary Assisted Dying Act 2022

This section applies if—

the person has made an administration decision, and

the person or the person’s agent advises the relevant entity that the person wishes to self-administer a voluntary assisted dying substance or have the person’s administering practitioner administer a voluntary assisted dying substance to the person, and

the relevant entity does not provide, to persons to whom relevant services are provided at the residential facility, access to the administration of a voluntary assisted dying substance 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 facility must—

if the person has made a practitioner administration decision—allow reasonable access to the person at the facility by the following persons—

the person’s administering practitioner, for the practitioner to administer a voluntary assisted dying substance to the person,

any other person lawfully participating in the person’s request for access to voluntary assisted dying, including an eligible witness to the administration of the voluntary assisted dying substance by the person’s administering practitioner, or

if the person has made a self-administration decision—

allow reasonable access to the person at the facility by a person lawfully delivering a voluntary assisted dying substance to the person, and

allow reasonable access to the person at the facility by another person lawfully participating in the person’s request for voluntary assisted dying, and

not otherwise hinder access by the person to a voluntary assisted dying substance.

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 a place where the person may be administered or may self-administer a voluntary assisted dying substance, or

if, in the deciding practitioner’s opinion, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances—subsection (2) applies in relation to the person as if the person were a permanent resident at the residential facility.

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.