Voluntary Assisted Dying Act 2021

This section applies if—

the person has made an administration decision; and

the person or the person’s agent advises the relevant entity that the person wishes to self-administer a voluntary assisted dying substance or have an administering practitioner administer a voluntary assisted dying substance to the person; and

the relevant entity does not provide, to persons to whom relevant services are provided at the facility, access to the administration of a voluntary assisted dying substance 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—

if the person has made a practitioner administration decision—

allow reasonable access to the person at the facility by the administering practitioner for the person to administer a voluntary assisted dying substance to the person; and

allow reasonable access to the person at the facility by an eligible witness to the administration of the voluntary assisted dying substance by the administering practitioner for the person; or

if the person has made a self-administration decision—not hinder access by the person to a voluntary assisted dying substance.

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 a place where the person may be administered or may self-administer a voluntary assisted dying substance; 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, subsection (2) applies in relation to the person as if the person were a permanent resident at the facility.

In making the decision under 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 place to which the person is proposed to be transferred is available to receive the person.