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s 34

Person assessed as eligible for access to voluntary assisted dying may make written declaration

In force
Part 3Requesting access to voluntaryassisted dying and assessment of eligibility
Division 5Written declaration

34 Person assessed as eligible for access to voluntary assisted dying may make written declaration

(1)

A person may make a written declaration requesting access to voluntary assisted dying if the person has been assessed as eligible for access to voluntary assisted dying by—

(a)

the co-ordinating medical practitioner for the person; and

(b)

a consulting medical practitioner for the person.

(2)

The written declaration must—

(a)

specify that the person—

(i)

makes the declaration voluntarily and without coercion; and

(ii)

understands the nature and the effect of the declaration the person is making; and

(b)

be signed by the person making the declaration in the presence of 2 witnesses and the co-ordinating medical practitioner.

(3)

Despite subsection (2)(b), a person may sign a written declaration at the direction of the person making the declaration if—

(a)

the person making the declaration is unable to sign the declaration; and

(b)

the person signing—

(i)

is aged 18 years or more; and

(ii)

is not a witness to the signing of the declaration.

(4)

A person who signs a written declaration on behalf of the person making the declaration must do so in that person's presence.

(5)

If a person makes a written declaration with the assistance of an interpreter, the interpreter must certify on the declaration that the interpreter provided a true and correct translation of any material translated.

Note

Interpreters who assist in relation to requesting access to or accessing voluntary assisted dying must meet certain requirements—see section 115.

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