Eligibility
10 Eligibility
A person is eligible for access to voluntary assisted dying if—
the person has been diagnosed with a disease, illness or medical condition that—
is advanced, progressive and will cause death; and
is expected to cause death within 12 months; and
is causing suffering that the person considers to be intolerable; and
the person has decision-making capacity in relation to voluntary assisted dying; and
the person is acting voluntarily and without coercion; and
the person is at least 18 years of age; and
the person—
is an Australian citizen; or
is a permanent resident of Australia; or
has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or
has been granted an Australian residency exemption by the chief executive under section 12; and
the person—
has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or
has been granted a Queensland residency exemption by the chief executive under section 12.
In this section—
permanent resident means—
the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1); or
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—
physical or mental suffering; and
suffering caused by treatment provided for the disease, illness or medical condition.
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