Voluntary Assisted Dying Act 2021

This section applies if—

the person has made a first request; and

the person or the person’s agent advises the relevant entity that the person wishes to undergo a first assessment; and

the entity does not provide, to persons to whom relevant services are provided at the facility, access to the request and assessment process at the facility.

If the person is a permanent resident at the facility—

the relevant entity and any other entity that owns or occupies the facility must allow reasonable access to the person at the facility by a relevant practitioner for the person to assess the person; and

if a relevant practitioner is not available to attend—the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s assessment may be carried out by—

the relevant practitioner; or

another medical practitioner who is eligible and willing to act as a relevant practitioner.

If the person is not a permanent resident at the facility—

the relevant entity must take reasonable steps to facilitate the transfer of the person to and from a place where the person’s assessment may be carried out by a relevant practitioner for the person; or

if, in the opinion of the deciding practitioner, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances, the entity and any other entity that owns or occupies the facility must allow reasonable access to the person at the facility by a relevant practitioner for the person.

In making a decision for subsection (3)(b), the deciding practitioner must have regard to the following—

whether the transfer would be likely to cause serious harm to the person;Examples of serious harm—

• significant pain

• a significant deterioration in the person’s condition

whether the transfer would be likely to adversely affect the person’s access to voluntary assisted dying;Examples of adverse effects—

• the transfer would likely result in a loss of decision-making capacity of the person

• pain relief or medication for the transfer would likely result in a loss of decision-making capacity of the person

whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying;

whether the place to which the person is proposed to be transferred is available to receive the person;

whether the person would incur financial loss or costs because of the transfer.

In this section—

relevant practitioner, for a person, means—

the coordinating practitioner for the person; or

a registered health practitioner to whom the coordinating practitioner for the person has referred a matter under section 21.