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s 10

Eligibility

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Part 2Requirements for access to voluntary assisted dying

10 Eligibility

(1)

A person is eligible for access to voluntary assisted dying if—

(a)

the person has been diagnosed with a disease, illness or medical condition that—

(i)

is advanced, progressive and will cause death; and

(ii)

is expected to cause death within 12 months; and

(iii)

is causing suffering that the person considers to be intolerable; and

(b)

the person has decision-making capacity in relation to voluntary assisted dying; and

(c)

the person is acting voluntarily and without coercion; and

(d)

the person is at least 18 years of age; and

(e)

the person—

(i)

is an Australian citizen; or

(ii)

is a permanent resident of Australia; or

(iii)

has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or

(iv)

has been granted an Australian residency exemption by the chief executive under section 12; and

(f)

the person—

(i)

has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or

(ii)

has been granted a Queensland residency exemption by the chief executive under section 12.

(2)

In this section—

permanent resident means—

(a)

the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1); or

(b)

a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth), section 32.

suffering, caused by a disease, illness or medical condition, includes—

(a)

physical or mental suffering; and

(b)

suffering caused by treatment provided for the disease, illness or medical condition.

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Voluntary Assisted Dying Act 2021 s 10 — Eligibility (Queensland) — Barrister AI