Voluntary Assisted Dying Act 2019

If the Tribunal makes a decision referred to in section 88(a), (c) or (e) on a review application made in relation to a patient —

section 86 ceases to apply; and

if the request and assessment process in respect of the patient had not been completed when the review application was made — the request and assessment process can be resumed; and

if the request and assessment process in respect of the patient had been completed when the review application was made — the process under Part 4 can be resumed, and any step that is authorised under that Part can be taken, in relation to the patient; and

if the Tribunal sets aside the reviewed decision — subsection (2), (3) or (4) applies, as the case requires.

If the reviewed decision set aside by the Tribunal is a decision of a coordinating practitioner in a first assessment —

the Tribunal’s decision is substituted for the reviewed decision; and

if the outcome of the first assessment would, but for the reviewed decision, have been that the patient was assessed as eligible for access to voluntary assisted dying — the coordinating practitioner is taken to have made a first assessment assessing the patient as eligible for access to voluntary assisted dying.

If the reviewed decision set aside by the Tribunal is a decision of a consulting practitioner in a consulting assessment —

the Tribunal’s decision is substituted for the reviewed decision; and

if the outcome of the consulting assessment would, but for the reviewed decision, have been that the patient was assessed as eligible for access to voluntary assisted dying — the consulting practitioner is taken to have made a consulting assessment assessing the patient as eligible for access to voluntary assisted dying.

If the reviewed decision set aside by the Tribunal is a decision of a coordinating practitioner in a final review —

the Tribunal’s decision is substituted for the reviewed decision; and

the final review form is taken to include —

if the reviewed decision is a decision referred to in section 84(1)(c)(i) — a statement certifying that the coordinating practitioner is satisfied that the patient has decision‑making capacity in relation to voluntary assisted dying; or

if the reviewed decision is a decision referred to in section 84(1)(c)(ii) — a statement certifying that the coordinating practitioner is satisfied that the patient in requesting access to voluntary assisted dying is acting voluntarily and without coercion.