Voluntary Assisted Dying Act 2021

Subsection (2) applies if the consulting practitioner is unable to determine whether or not—

the person has a disease, illness or medical condition that meets the requirements of section 10(1)(a); or

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

The consulting practitioner must refer the person to a registered health practitioner who has appropriate skills and training to determine the matter.

If the consulting practitioner is unable to determine whether or not the person is acting voluntarily and without coercion as required by section 10(1)(c), the consulting practitioner must refer the person to another person who has appropriate skills and training to determine the matter.

If the consulting practitioner makes a referral to a registered health practitioner or other person under subsection (2) or (3) (the referee), the consulting practitioner may adopt the determination of the referee in relation to the matter in respect of which the referral was made.

The referee must not be—

a family member of the person requesting access to voluntary assisted dying; or

someone who knows or believes that they—

are a beneficiary under a will of the person requesting access to voluntary assisted dying; or

may otherwise benefit financially or in any other material way from the death of the person requesting access to voluntary assisted dying, other than by receiving reasonable fees for the provision of services in connection with the referral.