Voluntary Assisted Dying Act 2021

If QCAT makes a decision mentioned in section 105(a)(i), (b)(i), (c)(i) or (d)(i) on a review of a reviewable decision about a person requesting access to voluntary assisted dying—

section 104 ceases to apply; and

if the reviewable decision is a decision of a coordinating practitioner mentioned in section 99(a) or (c) and QCAT’s decision sets aside the reviewable decision— QCAT’s decision is taken to be the decision of the coordinating practitioner, except for the purposes of an appeal under the QCAT Act, chapter 2, part 8; and

if the reviewable decision is a decision of a consulting practitioner mentioned in section 99(b) and QCAT’s decision sets aside the reviewable decision—QCAT’s decision is taken to be the decision of the consulting practitioner, except for the purposes of an appeal under the QCAT Act, chapter 2, part 8.

Subsection (1) only applies if QCAT does not, in addition to making a decision under section 105(a)(i), (b)(i), (c)(i) or (d)(i), make a decision in the same proceeding under section 105(a)(ii), (b)(ii), (c)(ii) or (d)(ii).

If QCAT makes a decision mentioned in section 105(a)(ii), (b)(ii), (c)(ii) or (d)(ii) on a review of a reviewable decision in relation to a person requesting access to voluntary assisted dying—

the person is taken to be ineligible for access to voluntary assisted dying for the purposes of the request and assessment process in relation to the person; and

if the request and assessment process in relation to the person had not been completed when the application for the review was made—the request and assessment process ends; and

if the request and assessment process in relation to the person had been completed when the application for review was made—

the process for accessing voluntary assisted dying under part 4 ends; and

no step under that part (including the prescription, supply or administration of a voluntary assisted dying substance) is to be taken in relation to the person.