Voluntary Assisted Dying Act 2021

If the consulting medical practitioner is unable to determine whether the person has decision making capacity in relation to voluntary assisted dying as required by the eligibility criteria (for example, due to a past or current mental illness of the person), the consulting medical practitioner must refer the person to a registered health practitioner who has appropriate skills and training (such as a psychiatrist in the case of mental illness).

If the consulting medical practitioner is unable to determine whether the person's disease, illness or medical condition meets the requirements of the eligibility criteria, the consulting medical practitioner must refer the person to a specialist registered medical practitioner who has appropriate skills and training in that disease, illness or medical condition.

A registered health practitioner or specialist registered medical practitioner is not eligible to act in relation to the referral of a person under this section if the practitioner—

is a family member of the person; or

knows, or has reasonable grounds to believe, that they—

may be a beneficiary under a will of the person; or

may otherwise benefit financially or in any other material way from the death of the person (other than by receiving reasonable fees for the provision of services referred to in this section).

If the consulting medical practitioner refers the person to—

a registered health practitioner under subsection (1);

a specialist registered medical practitioner under subsection (2), the consulting medical practitioner may adopt the determination of the registered health practitioner or specialist registered medical practitioner (as the case requires) in relation to the matter in respect of which the person was referred.