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s 26

Medical practitioner to accept or refuse referral for consulting assessment

In force
Part 3Requesting access to voluntary assisted dying and assessment of eligibility
Division 3Consulting assessment

26 Medical practitioner to accept or refuse referral for consulting assessment

(1)

This section applies if a person is referred to a medical practitioner for a consulting assessment under section 25, 36 or 47.

(2)

The medical practitioner must refuse the referral if the practitioner is not eligible to act as a consulting practitioner.

(3)

The medical practitioner may refuse the referral if the practitioner—

(a)

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

(b)

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

(4)

The medical practitioner must, within the times mentioned in subsection (5)—

(a)

decide whether to accept or refuse the referral; and

(b)

inform the person and the coordinating practitioner for the person of the decision and, for a decision to refuse the referral, the reason for the decision.

(5)

For subsection (4) the following times apply—

(a)

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

(b)

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

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