Voluntary Assisted Dying Act 2019

Subsection (2) applies if the consulting practitioner is unable to determine whether —

the patient has a disease, illness or medical condition that meets the requirements of section 16(1)(c); or

the patient has decision‑making capacity in relation to voluntary assisted dying as required by section 16(1)(d).

The consulting practitioner must refer the patient to a registered health practitioner who has appropriate skills and training to make a determination in relation to the matter.

If the consulting practitioner is unable to determine whether the patient is acting voluntarily and without coercion as required by section 16(1)(e), the consulting practitioner must refer the patient to another person who has appropriate skills and training to make a determination in relation to the matter.

If the consulting practitioner makes a referral under subsection (2) or (3), the consulting practitioner may adopt the determination of the registered health practitioner or other person, as the case requires, in relation to the matter in respect of which the referral was made.

A registered health practitioner or other person to whom the patient is referred under subsection (2) or (3) must not be —

a family member of the patient; or

a person who knows or believes that they —

are a beneficiary under a will of the patient; or

may otherwise benefit financially or in any other material way from the death of the patient, other than by receiving reasonable fees for the provision of services in connection with the referral.