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VICAct
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s 35

Witness to making of written declaration

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

35 Witness to making of written declaration

(1)

A person is eligible to witness the making of a written declaration if the person is—

(a)

aged 18 years or more; and

(b)

not an ineligible witness.

(2)

A person is an ineligible witness for the purposes of a written declaration if the person—

(a)

knows or believes that the person—

(i)

is a beneficiary under a will of the person making the declaration; or

(ii)

may otherwise benefit financially or in any other material way from the death of the person making the declaration; or

(b)

is an owner of, or is responsible for the day‑to-day operation of, any health facility at which—

(i)

the person making the declaration is being treated; or

(ii)

the person making the declaration resides; or

(c)

is directly involved in providing health services or professional care services to the person making the declaration.

(3)

Not more than one witness may be a family member of the person making the written declaration.

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