1Short title
This is the Voluntary Assisted Dying Act 2019.
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Bill homepageThis is the Voluntary Assisted Dying Act 2019.
This Act comes into operation as follows —
Part 1 (other than Divisions 2 to 4) — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation.
This Act binds the Crown in right of Western Australia, and so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
A person exercising a power or performing a function under this Act must have regard to the following principles —
every human life has equal value;
a person’s autonomy, including autonomy in respect of end of life choices, should be respected;
a person has the right to be supported in making informed decisions about the person’s medical treatment, and should be given, in a manner the person understands, information about medical treatment options including comfort and palliative care and treatment;
a person approaching the end of life should be provided with high quality care and treatment, including palliative care and treatment, to minimise the person’s suffering and maximise the person’s quality of life;
a therapeutic relationship between a person and the person’s health practitioner should, wherever possible, be supported and maintained;
a person should be encouraged to openly discuss death and dying, and the person’s preferences and values regarding their care, treatment and end of life should be encouraged and promoted;
a person should be supported in conversations with the person’s health practitioners, family and carers and community about treatment and care preferences;
a person is entitled to genuine choices about the person’s care, treatment and end of life, irrespective of where the person lives in Western Australia and having regard to the person’s culture and language;
a person who is a regional resident is entitled to the same level of access to voluntary assisted dying as a person who lives in the metropolitan region;
there is a need to protect persons who may be subject to abuse or coercion;
all persons, including health practitioners, have the right to be shown respect for their culture, religion, beliefs, values and personal characteristics.
In subsection (1), the reference to a person exercising a power or performing a function under this Act includes the Tribunal exercising its review jurisdiction in relation to a decision made under this Act.
In this Act, unless the contrary intention appears —
administering practitioner, for a patient, means —
the coordinating practitioner for the patient; or
a person to whom the role of administering practitioner is transferred under section 63(2);
administration, in relation to a voluntary assisted dying substance, includes self‑administration;
administration decision means a self‑administration decision or a practitioner administration decision;
approved form means a form approved by the CEO under section 161 for the purposes of the provision in which the term is used;
approved training means training approved by the CEO under section 160;
authorised disposal form has the meaning given in section 76(1);
authorised disposer has the meaning given in section 79(4);
authorised supplier has the meaning given in section 79(2);
Board means the Voluntary Assisted Dying Board established by section 116;
business day means a day other than a Saturday, a Sunday or a public holiday throughout Western Australia;
CEO means the chief executive officer of the Department;
completed, in relation to the request and assessment process, has the meaning given in section 8;
consulting assessment means an assessment of a patient conducted under section 35(1);
consulting assessment report form has the meaning given in section 40(2);
consulting practitioner, for a patient, means a medical practitioner who accepts a referral to conduct a consulting assessment of the patient;
contact details, in relation to a person, includes the address, telephone number and email address of the person;
contact person, for a patient, means the person appointed by the patient under section 65(1);
contact person appointment form has the meaning given in section 66(1);
coordinating practitioner, for a patient, means —
a medical practitioner who accepts the patient’s first request; or
a consulting practitioner for the patient who accepts a transfer of the role of coordinating practitioner under section 157;
decision‑making capacity, in relation to voluntary assisted dying, has the meaning given in section 6(2);
Department means the department of the Public Service principally assisting in the administration of this Act;
disability has the meaning given in the Disability Services Act 1993 section 3;
eligibility criteria means the criteria set out in section 16(1);
family member, of a person, means the person’s spouse, de facto partner, parent, sibling, child or grandchild;
final request means a final request for access to voluntary assisted dying made under section 47(1);
final review means a review conducted under section 51(1)(a) by the coordinating practitioner for a patient;
final review form has the meaning given in section 51(1)(b);
first assessment means an assessment of a patient conducted under section 24(1);
first assessment report form has the meaning given in section 29(2);
first request means a request for access to voluntary assisted dying made under section 18(1);
health service has the meaning given in the Health Services Act 2016 section 7;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession (other than as a student);
medicine has the meaning given in the Medicines and Poisons Act 2014 section 3;
member means a member of the Board;
metropolitan region has the meaning given in the Planning and Development Act 2005 section 4(1);
nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession whose registration under that Law is endorsed as nurse practitioner;
palliative care and treatment means care and treatment that —
is provided to a person who is diagnosed with a disease, illness or medical condition that is progressive and life‑limiting; and
is directed at preventing, identifying, assessing, relieving or treating the person’s pain, discomfort or suffering in order to improve their comfort and quality of life;
patient means a person who makes a request for access to voluntary assisted dying under this Act;
personal information has the meaning given in the Freedom of Information Act 1992 Glossary clause 1;
practitioner administration decision has the meaning given in section 56(1)(b);
practitioner administration form has the meaning given in section 61(3);
practitioner disposal form has the meaning given in section 78(1);
prepare, in relation to a prescribed substance —
means to do anything necessary to ensure that the substance is in a form suitable for administration; and
includes to decant, dilute, dissolve, mix, reconstitute, colour or flavour the substance;
prescribe, in relation to a voluntary assisted dying substance, means to issue a prescription for the substance;
prescribed substance means —
a voluntary assisted dying substance prescribed for a patient by the coordinating practitioner for the patient; and
in relation to a patient, the voluntary assisted dying substance prescribed for the patient by the coordinating practitioner for the patient;
prescription, in relation to a voluntary assisted dying substance, has the same meaning as it has, in relation to a Schedule 4 or 8 poison, in the Medicines and Poisons Act 2014 section 7(1);
professional care services means any of the following provided to another person under a contract of employment or a contract for services —
assistance or support, including the following —
assistance with bathing, showering, personal hygiene, toileting, dressing, undressing or meals;
assistance for persons with mobility problems;
assistance for persons who are mobile but require some form of assistance or supervision;
assistance or supervision in administering medicine;
the provision of substantial emotional support;
a disability service as defined in the Disability Services Act 1993 section 3;
regional resident means a person who ordinarily resides in an area of Western Australia that is outside the metropolitan region;
registered health practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) to practise a health profession (other than as a student);
request and assessment process means the process that consists of the following steps —
a first request;
a first assessment;
a consulting assessment;
a written declaration;
a final request;
a final review;
self‑administration decision has the meaning given in section 56(1)(a);
supply, in relation to a voluntary assistance dying substance, has the same meaning as it has, in relation to a poison, in the Medicines and Poisons Act 2014 section 8;
Tribunal means the State Administrative Tribunal;
voluntary assisted dying means the administration of a voluntary assisted dying substance and includes steps reasonably related to that administration;
voluntary assisted dying substance has the meaning given in section 7(2);
written declaration means a written declaration made under section 42(1).
In this section —
voluntary assisted dying decision means —
a request for access to voluntary assisted dying; or
a decision to access voluntary assisted dying.
For the purposes of this Act, a patient has decision‑making capacity in relation to voluntary assisted dying if the patient has the capacity to —
understand any information or advice about a voluntary assisted dying decision that is required under this Act to be provided to the patient; and
understand the matters involved in a voluntary assisted dying decision; and
understand the effect of a voluntary assisted dying decision; and
weigh up the factors referred to in paragraphs (a), (b) and (c) for the purposes of making a voluntary assisted dying decision; and
communicate a voluntary assisted dying decision in some way.
For the purposes of this Act, a patient is presumed to have decision‑making capacity in relation to voluntary assisted dying unless the patient is shown not to have that capacity.
The CEO may, in writing, approve a Schedule 4 poison or Schedule 8 poison (as those terms are defined in the Medicines and Poisons Act 2014 section 3) for use under this Act for the purpose of causing a patient’s death.
A poison approved under subsection (1) is a voluntary assisted dying substance.
For the purposes of this Act, the request and assessment process has been completed in respect of a patient if the coordinating practitioner for the patient —
has completed the final review form in respect of the patient; and
has certified in the final review form that the request and assessment process has been completed in accordance with this Act.
A registered health practitioner who has a conscientious objection to voluntary assisted dying has the right to refuse to do any of the following —
participate in the request and assessment process;
prescribe, supply or administer a voluntary assisted dying substance;
be present at the time of the administration of a voluntary assisted dying substance.
Subsection (1) is not intended to limit the circumstances in which a registered health practitioner may refuse to do any of the things referred to in that subsection.
In this section —
health care worker means —
a registered health practitioner; or
any other person who provides health services or professional care services.
A health care worker who provides health services or professional care services to a person must not, in the course of providing the services to the person —
initiate discussion with the person that is in substance about voluntary assisted dying; or
in substance, suggest voluntary assisted dying to the person.
Nothing in subsection (2) prevents a medical practitioner or nurse practitioner from doing something referred to in subsection (2)(a) or (b) if, at the time it is done, the medical practitioner or nurse practitioner also informs the person about the following —
the treatment options available to the person and the likely outcomes of that treatment; and
the palliative care and treatment options available to the person and the likely outcomes of that care and treatment.
Nothing in subsection (2) prevents a health care worker from providing information about voluntary assisted dying to a person at the person’s request.
A contravention of subsection (2) by a registered health practitioner is unprofessional conduct for the purposes of the Health Practitioner Regulation National Law (Western Australia).
Subsection (5) overrides section 11(1).
A contravention of subsection (2) by a provider, as defined in the Health and Disability Services (Complaints) Act 1995 section 3(1), is taken to be unreasonable conduct described in section 25(1)(c) of that Act.
A contravention of a provision of this Act by a registered health practitioner is capable of constituting professional misconduct or unprofessional conduct for the purposes of the Health Practitioner Regulation National Law (Western Australia).
Subsection (1) applies whether or not the contravention constitutes an offence under this Act.
For the purposes of the law of the State, a person who dies as the result of the administration of a prescribed substance in accordance with this Act does not die by suicide.
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