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s 16

Medical practitioner to accept or refuse first request

In force
Part 3Requesting access to voluntary assisted dying and assessment of eligibility
Division 1First request

16 Medical practitioner to accept or refuse first request

(1)

The medical practitioner must refuse the first request if the practitioner is not eligible to act as a coordinating practitioner.

(2)

The medical practitioner may refuse the first request if the practitioner—

(a)

has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a coordinating practitioner; or

(b)

is unavailable or otherwise unable to perform the duties of a coordinating practitioner.

(3)

If the medical practitioner accepts the first request, the practitioner must, at the time of informing the person of the practitioner’s decision, give the person the approved information.

(4)

If the medical practitioner refuses the first request, the practitioner must, at the time of informing the person of their decision—

(a)

inform the person that other registered health practitioners, health service providers or services may be able to assist the person with the person’s request; and

(b)

give the person—

(i)

information about a registered health practitioner, health service provider or service who, in the practitioner’s belief, is likely to be able to assist the person with the person’s request; or

(ii)

the details of an official voluntary assisted dying care navigator service that is able to provide the person with information (including name and contact details) about a health practitioner, health service provider or service who may be able to assist the person with the person’s request.

(5)

The medical practitioner must, within the times mentioned in subsection (6)—

(a)

decide whether to accept or refuse the first request; and

(b)

inform the person of the decision and, for a decision to refuse the request, the reason for the decision.

(6)

For subsection (5) the following times apply—

(a)

if the medical practitioner has a conscientious objection to voluntary assisted dying—immediately after the request is made;

(b)

in any other case—within 2 business days after the first request is made.

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