Queensland: Voluntary Assisted Dying Act 2021 (Qld)

Voluntary Assisted Dying Act 2021 An Act about access to voluntary assisted dying and related matters Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Voluntary Assisted Dying Act 2021. 2 Commencement (1) Part 8 and section 153 commence 6 months after the date of assent. (2) The remaining provisions of this Act commence on 1 January 2023. 3 Main purposes of Act The main purposes of this Act are— (a) to give persons who are suffering and dying, and who meet eligibility criteria, the option of requesting medical assistance to end their lives; and (b) to establish a lawful process for eligible persons to exercise that option; and (c) to establish safeguards to— (i) ensure voluntary assisted dying is accessed only by persons who have been assessed to be eligible; and (ii) protect vulnerable persons from coercion and exploitation; and (d) to provide legal protection for health practitioners who choose to assist, or not to assist, persons to exercise the option of ending their lives in accordance with this Act; and (e) to establish a Voluntary Assisted Dying Review Board and other mechanisms to ensure compliance with this Act. 4 Act binds all persons This Act binds all persons, including the State. Division 2 Principles of voluntary assisted dying 5 Principles The principles that underpin this Act are— (a) human life is of fundamental importance; and (b) every person has inherent dignity and should be treated equally and with compassion and respect; and (c) a person's autonomy, including autonomy in relation to end of life choices, should be respected; and (d) every person approaching the end of life should be provided with high quality care and treatment, including palliative care, to minimise the person's suffering and maximise the person's quality of life; and (e) access to voluntary assisted dying and other end of life choices should be available regardless of where a person lives in Queensland; and (f) a person should be supported in making informed decisions about end of life choices; and (g) a person who is vulnerable should be protected from coercion and exploitation; and (h) a person's freedom of thought, conscience, religion and belief and enjoyment of their culture should be respected. Division 3 Interpretation 6 Definitions The dictionary in schedule 1 defines particular words used in this Act. Division 4 Other provisions 7 Health care worker not to initiate discussion about voluntary assisted dying (1) A health care worker must not, in the course of providing a health service or personal care service to a person— (a) initiate discussion with the person that is in substance about voluntary assisted dying; or (b) in substance, suggest voluntary assisted dying to the person. (2) However, despite subsection (1), a medical practitioner or nurse practitioner may do a thing mentioned in subsection (1)(a) or (b) if, at the same time, the practitioner also informs the person about— (a) the treatment options available to the person and the likely outcomes of that treatment; and (b) the palliative care and treatment options available to the person and the likely outcomes of that care and treatment. (3) Nothing in subsection (1) prevents a health care worker from providing information about voluntary assisted dying to a person at the person's request. (4) In this section— health care worker means— (a) a registered health practitioner; or (b) another person who provides a health service or personal care service. 8 Voluntary assisted dying not suicide For the purposes of the law of the State, and for the purposes of a contract, deed or other instrument entered into in the State or governed by the law of the State, a person who dies as the result of the self-administration or administration of a voluntary assisted dying substance in accordance with this Act— (a) does not die by suicide; and (b) is taken to have died from the disease, illness or medical condition mentioned in section 10(1)(a) from which the person suffered. Part 2 Requirements for access to voluntary assisted dying 9 When person may access voluntary assisted dying A person may access voluntary assisted dying if— (a) the person has made a first request; and (b) the coordinating practitioner for the person has assessed the person as meeting the requirements of a first assessment of the person; and (c) the consulting practitioner for the person has assessed the person as meeting the requirements of a consulting assessment of the person; and (d) the person has made a second request; and (e) the person has made a final request; and (f) the coordinating practitioner for the person has certified in a final review form that— (i) the request and assessment process has been completed in accordance with this Act; and (ii) the practitioner is satisfied of each of the matters mentioned in section 46(3)(b); and (g) the person has made an administration decision; and (h) the person has appointed a contact person. 10 Eligibility (1) A person is eligible for access to voluntary assisted dying if— (a) the person has been diagnosed with a disease, illness or medical condition that— (i) is advanced, progressive and will cause death; and (ii) is expected to cause death within 12 months; and (iii) is causing suffering that the person considers to be intolerable; and (b) the person has decision-making capacity in relation to voluntary assisted dying; and (c) the person is acting voluntarily and without coercion; and (d) the person is at least 18 years of age; and (e) the person— (i) is an Australian citizen; or (ii) is a permanent resident of Australia; or (iii) has been ordinarily resident in Australia for at least 3 years immediately before the person makes the first request; or (iv) has been granted an Australian residency exemption by the chief executive under section 12; and (f) the person— (i) has been ordinarily resident in Queensland for at least 12 months immediately before the person makes the first request; or (ii) has been granted a Queensland residency exemption by the chief executive under section 12. (2) In this section— permanent resident means— (a) the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1); or (b) a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth), section 32. suffering, caused by a disease, illness or medical condition, includes— (a) physical or mental suffering; and (b) suffering caused by treatment provided for the disease, illness or medical condition. 11 Decision-making capacity (1) A person has decision-making capacity in relation to voluntary assisted dying if the person is capable of— (a) understanding the nature and effect of decisions about access to voluntary assisted dying; and (b) freely and voluntarily making decisions about access to voluntary assisted dying; and (c) communicating decisions about access to voluntary assisted dying in some way. (2) A person is presumed to have decision-making capacity in relation to voluntary assisted dying unless there is evidence to the contrary. (3) In determining whether or not a person has decision-making capacity in relation to voluntary assisted dying, regard must be had to the following— (a) a person may have decision-making capacity to make some decisions but not others; (b) capacity can change or fluctuate and a person may temporarily lose capacity and later regain it; (c) it should not be presumed that a person does not have decision-making capacity— (i) because of a personal characteristic such as, for example, age, appearance or language skills; or (ii) because the person has a disability or an illness; or (iii) because the person makes a decision with which other people may not agree; (d) a person is capable of doing a thing mentioned in subsection (1)(a), (b) or (c) if the person is capable of doing the thing with adequate and appropriate support. Examples of support— • giving a person information that is tailored to their needs • giving information to a person in a way that is tailored to their needs • communicating, or assisting a person to communicate, the person's decision • giving a person additional time and discussing the matter with the person • using technology that alleviates the effects of a person's disability 12 Residency exemptions (1) A person may apply to the chief executive for— (a) an exemption from the requirements in section 10(1)(e)(i), (ii) and (iii) (an Australian residency exemption); or (b) an exemption from the requirement in section 10(1)(f)(i) (a Queensland residency exemption). (2) The chief executive must grant the exemption if satisfied that— (a) the person has a substantial connection to Queensland; and Examples— • a person who is a long term resident of a place close to the Queensland border and who works in Queensland and receives medical treatment in Queensland • a person who resides outside Queensland but who is a former resident of Queensland and whose family resides in Queensland (b) there are compassionate grounds for granting the exemption. 13 Disability or mental illness (1) To remove any doubt, it is declared that a person with a disability or mental illness— (a) may be eligible under section 10(1)(a); but (b) is not eligible under section 10(1)(a) only because the person has the disability or mental illness. (2) In this section— eligible means eligible for access to voluntary assisted dying. mental illness see the Mental Health Act 2016, section 10. Part 3 Requesting access to voluntary assisted dying and assessment of eligibility Division 1 First request 14 Person may make first request to medical practitioner (1) A person may make a request under this section (a first request) to a medical practitioner for access to voluntary assisted dying. (2) The request must be— (a) clear and unambiguous; and (b) made by the person personally and not by another person on their behalf. (3) The person may make the request verbally or by gestures or other means of communication available to the person. 15 No obligation to continue after making first request (1) The person may decide at any time not to continue the request and assessment process. (2) The request and assessment process ends if the person decides not to continue the process. (3) If the request and assessment process ends under subsection (2), the person may begin a new request and assessment process by making a new first request. 16 Medical practitioner to accept or refuse first request (1) The medical practitioner must refuse the first request if the practitioner is not eligible to act as a coordinating practitioner. (2) The medical practitioner may refuse the first request if the practitioner— (a) has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a coordinating practitioner; or (b) is unavailable or otherwise unable to perform the duties of a coordinating practitioner. (3) If the medical practitioner accepts the first request, the practitioner must, at the time of informing the person of the practitioner's decision, give the person the approved information. (4) If the medical practitioner refuses the first request, the practitioner must, at the time of informing the person of their decision— (a) inform the person that other registered health practitioners, health service providers or services may be able to assist the person with the person's request; and (b) give the person— (i) information about a registered health practitioner, health service provider or service who, in the practitioner's belief, is likely to be able to assist the person with the person's request; or (ii) the details of an official voluntary assisted dying care navigator service that is able to provide the person with information (including name and contact details) about a health practitioner, health service provider or service who may be able to assist the person with the person's request. (5) The medical practitioner must, within the times mentioned in subsection (6)— (a) decide whether to accept or refuse the first request; and (b) inform the person of the decision and, for a decision to refuse the request, the reason for the decision. (6) For subsection (5) the following times apply— (a) if the medical practitioner has a conscientious objection to voluntary assisted dying—immediately after the request is made; (b) in any other case—within 2 business days after the first request is made. 17 Medical practitioner to record first request and acceptance or refusal The medical practitioner must record in the person's medical record— (a) the first request; and (b) the practitioner's decision to accept or refuse the first request; and (c) if the practitioner's decision is to refuse the first request—the reason for the refusal and the steps taken to comply with section 16(4); and (d) if the practitioner's decision is to accept the first request—the day on which the person is given the approved information. 18 Medical practitioner becomes coordinating practitioner if first request accepted If the medical practitioner accepts the first request, the practitioner becomes the coordinating practitioner for the person. Division 2 First assessment 19 First assessment (1) The coordinating practitioner for a person must assess whether or not the person is eligible for access to voluntary assisted dying. (2) An assessment under subsection (1) is a first assessment. (3) The coordinating practitioner may have regard to any relevant information about the person that has been prepared by, or at the instigation of, another registered health practitioner. 20 Coordinating practitioner to have completed approved training The coordinating practitioner must not begin the first assessment unless the practitioner has completed the approved training. 21 Referral for determination (1) Subsection (2) applies if the coordinating practitioner is unable to determine whether or not— (a) the person has a disease, illness or medical condition that meets the requirements of section 10(1)(a); or (b) the person has decision-making capacity in relation to voluntary assisted dying. (2) The coordinating practitioner must refer the person to a registered health practitioner who has appropriate skills and training to determine the matter. (3) If the coordinating practitioner is unable to determine whether or not the person is acting voluntarily and without coercion as required by section 10(1)(c), the coordinating practitioner must refer the person to another person who has appropriate skills and training to determine the matter. (4) If the coordinating practitioner makes a referral to a registered health practitioner or other person under subsection (2) or (3) (the referee), the coordinating practitioner may adopt the determination of the referee in relation to the matter in respect of which the referral was made. (5) The referee must not be— (a) a family member of the person requesting access to voluntary assisted dying; or (b) someone who knows or believes that they— (i) are a beneficiary under a will of the person requesting access to voluntary assisted dying; or (ii) may otherwise benefit financially or in any other material way from the death of the person requesting access to voluntary assisted dying, other than by receiving reasonable fees for the provision of services in connection with the referral. 22 Information to be provided if person assessed as eligible (1) If the coordinating practitioner is satisfied the person is eligible for access to voluntary assisted dying, the coordinating practitioner must inform the person about the following matters— (a) the person's diagnosis and prognosis; (b) the treatment options available to the person and the likely outcomes of that treatment; (c) the palliative care and treatment options available to the person and the likely outcomes of that care and treatment; (d) the potential risks of self-administering or being administered a voluntary assisted dying substance likely to be prescribed under this Act for the purposes of causing the person's death; (e) that the expected outcome of self-administering or being administered a substance mentioned in paragraph (d) is death; (f) the method by which a substance mentioned in paragraph (d) is likely to be self-administered or administered; (g) the request and assessment process, including the requirement for a second request to be signed in the presence of 2 witnesses; (h) that, if the person makes an administration decision, the person must appoint a contact person; (i) that the person may decide at any time not to continue the request and assessment process or not to access voluntary assisted dying; (j) that, if the person is receiving ongoing health services from another medical practitioner, the person may consider informing the other medical practitioner of the person's request for access to voluntary assisted dying. (2) Nothing in this section affects any duty a medical practitioner has at common law or under another Act. 23 Outcome of first assessment (1) If the coordinating practitioner is satisfied that the person— (a) is eligible for access to voluntary assisted dying; and (b) understands the information given under section 22(1); the coordinating practitioner must assess the person as meeting the requirements of the first assessment. (2) If the coordinating practitioner is not satisfied as to any matter in subsection (1)— (a) the practitioner must assess the person as not meeting the requirements of a first assessment; and (b) the request and assessment process ends. 24 Recording of outcome of first assessment (1) The coordinating practitioner must inform the person of the outcome of the first assessment as soon as practicable after its completion. (2) Within 2 business days after completing the first assessment, the coordinating practitioner must complete a record of the assessment in the approved form (the first assessment record form) and give a copy of it to the board. Maximum penalty—100 penalty units. (3) The first assessment record form— (a) must include the outcome of the first assessment, including the coordinating practitioner's decision in respect of each of the eligibility criteria; and (b) may be accompanied by documents supporting the coordinating practitioner's decision in respect of the eligibility criteria. (4) As soon as practicable after completing the first assessment record form, the coordinating practitioner must give a copy of it, and any documents accompanying it, to the person. 25 Referral for consulting assessment if person assessed as eligible If the coordinating practitioner assesses the person as meeting the requirements of the first assessment, the practitioner must refer the person to another medical practitioner for a consulting assessment. Division 3 Consulting assessment 26 Medical practitioner to accept or refuse referral for consulting assessment (1) This section applies if a person is referred to a medical practitioner for a consulting assessment under section 25, 36 or 47. (2) The medical practitioner must refuse the referral if the practitioner is not eligible to act as a consulting practitioner. (3) The medical practitioner may refuse the referral if the practitioner— (a) has a conscientious objection to voluntary assisted dying or is otherwise unwilling to perform the duties of a consulting practitioner; or (b) is unavailable or otherwise unable to perform the duties of a consulting practitioner. (4) The medical practitioner must, within the times mentioned in subsection (5)— (a) decide whether to accept or refuse the referral; and (b) inform the person and the coordinating practitioner for the person of the decision and, for a decision to refuse the referral, the reason for the decision. (5) For subsection (4) the following times apply— (a) if the medical practitioner has a conscientious objection to voluntary assisted dying—immediately after the referral is made; (b) in any other case—within 2 business days after the referral is made. 27 Medical practitioner to record referral and acceptance or refusal The medical practitioner must record the following information in the person's medical record— (a) the referral; (b) the practitioner's decision to accept or refuse the referral; (c) if the practitioner's decision is to refuse the referral, the reason for the refusal. 28 Medical practitioner to notify board of referral Within 2 business days after deciding to accept or refuse the referral, the medical practitioner must complete a record of the acceptance or refusal of the referral in the approved form and give a copy of it to the board. Maximum penalty—100 penalty units. 29 Medical practitioner becomes consulting practitioner if referral accepted If the medical practitioner accepts the referral, the practitioner becomes the consulting practitioner for the person. 30 Consulting assessment (1) The consulting practitioner must assess whether or not the person is eligible for access to voluntary assisted dying. (2) An assessment under subsection (1) is a consulting assessment. (3) For the purposes of subsection (1) the consulting practitioner must, independently of the coordinating practitioner, form the consulting practitioner's own opinions on the matters to be decided. (4) The consulting practitioner may have regard to any relevant information about the person that has been prepared by, or at the instigation of, another registered health practitioner. 31 Consulting practitioner to have completed approved training The consulting practitioner must not begin the consulting assessment unless the practitioner has completed the approved training. 32 Referral for determination (1) Subsection (2) applies if the consulting practitioner is unable to determine whether or not— (a) the person has a disease, illness or medical condition that meets the requirements of section 10(1)(a); or (b) the person has decision-making capacity in relation to voluntary assisted dying. (2) The consulting practitioner must refer the person to a registered health practitioner who has appropriate skills and training to determine the matter. (3) If the consulting practitioner is unable to determine whether or not the person is acting voluntarily and without coercion as required by section 10(1)(c), the consulting practitioner must refer the person to another person who has appropriate skills and training to determine the matter. (4) If the consulting practitioner makes a referral to a registered health practitioner or other person under subsection (2) or (3) (the referee), the consulting practitioner may adopt the determination of the referee in relation to the matter in respect of which the referral was made. (5) The referee must not be— (a) a family member of the person requesting access to voluntary assisted dying; or (b) someone who knows or believes that they— (i) are a beneficiary under a will of the person requesting access to voluntary assisted dying; or (ii) may otherwise benefit financially or in any other material way from the death of the person requesting access to voluntary assisted dying, other than by receiving reasonable fees for the provision of services in connection with the referral. 33 Information to be provided if person assessed as eligible (1) If the consulting practitioner is satisfied the person is eligible for access to voluntary assisted dying, the consulting practitioner must inform the person about the matters mentioned in section 22(1). (2) Nothing in this section affects any duty a medical practitioner has at common law or under another Act. 34 Outcome of consulting assessment (1) If the consulting practitioner is satisfied that the person— (a) is eligible for access to voluntary assisted dying; and (b) understands the information given under section 33(1); the consulting practitioner must assess the person as meeting the requirements of the consulting assessment. (2) If the consulting practitioner is not satisfied as to any matter in subsection (1), the practitioner must assess the person as not meeting the requirements of the consulting assessment. 35 Recording of outcome of consulting assessment (1) The consulting practitioner must inform the person and the coordinating practitioner for the person of the outcome of the consulting assessment as soon as practicable after its completion. (2) Within 2 business days after completing the consulting assessment, the consulting practitioner must complete a record of the assessment in the approved form (the consulting assessment record form) and give a copy of it to the board. Maximum penalty—100 penalty units. (3) The consulting assessment record form— (a) must include the outcome of the consulting assessment, including the consulting practitioner's decision in respect of each of the eligibility criteria; and (b) may be accompanied by documents supporting the consulting practitioner's decision in respect of the eligibility criteria. (4) As soon as practicable after completing the consulting assessment record form, the consulting practitioner must give a copy of it, and any documents accompanying it, to the person and the coordinating practitioner for the person. 36 Referral for further consulting assessment if person assessed as ineligible If the consulting practitioner assesses the person as not meeting the requirements of a consulting assessment, the coordinating practitioner for the person may refer the person to another medical practitioner for a further consulting assessment. Division 4 Second request 37 Person assessed as eligible may make second request (1) This section applies if a person has made a first request and has been assessed as meeting the requirements of a first assessment under division 2 and a consulting assessment under division 3. (2) The person may make another request in writing (the second request) for access to voluntary assisted dying. (3) The second request must be in the approved form and given to the coordinating practitioner for the person. (4) The second request must— (a) specify that the person— (i) makes it voluntarily and without coercion; and (ii) understands its nature and effect; and (b) be signed by the person, or a person mentioned in subsection (5), in the presence of 2 eligible witnesses. (5) A person may sign the second request on behalf of the person making the request if— (a) the person making the request is unable to sign the request; and (b) the person making the request directs the person to sign the request; and (c) the person signing the request— (i) is at least 18 years of age; and (ii) is not a witness to the signing of the request; and (iii) is not the coordinating practitioner or consulting practitioner for the person making the request. (6) A person who signs the second request on behalf of the person making the request must do so in the presence of the person making the request. (7) If the person makes the second request with the assistance of an interpreter, the interpreter must certify on the request that the interpreter provided a true and correct translation of any material translated. 38 Eligibility to witness the signing of second request (1) A person is eligible to witness the signing of the second request if the person— (a) is at least 18 years of age; and (b) is not an ineligible witness. (2) A person is ineligible to witness the signing of the second request if the person— (a) knows or believes that the person— (i) is a beneficiary under a will of the person making the request; or (ii) may otherwise benefit financially or in any other material way from the death of the person making the request; or (b) is an owner, or is responsible for the management, of any health facility at which the person making the request is being treated or resides; or (c) is the coordinating practitioner or consulting practitioner for the person making the request. 39 Certification of witness to signing of second request (1) Each witness to the signing of the second request must— (a) certify in writing in the request that— (i) in the presence of the witness, the person signed the request; and (ii) the person appeared to sign freely and voluntarily; and (b) state in the request that the witness is not knowingly ineligible to witness the signing of the second request. (2) A witness who witnesses the signing of a second request by another person on behalf of the person making the request must— (a) certify in writing in the request that— (i) in the presence of the witness, the person making the request appeared to freely and voluntarily direct the other person to sign the request; and (ii) the other person signed the request in the presence of the person making the request and the witness; and (b) state in the request that the witness is not knowingly ineligible to witness the signing of the second request. 40 Coordinating practitioner to record second request If the person gives a second request to the coordinating practitioner for the person, the practitioner must record the following information in the person's medical record— (a) the date when the second request was made; (b) the date when the second request was received by the coordinating practitioner. 41 Coordinating practitioner to notify board of second request Within 2 business days after receiving a second request made by a person, the coordinating practitioner for the person must give a copy of it to the board. Maximum penalty—100 penalty units. Division 5 Final request and final review 42 Person may make final request to coordinating practitioner (1) A person who has made a second request may make a further request to the person's coordinating practitioner for access to voluntary assisted dying (a final request). (2) The final request must be— (a) clear and unambiguous; and (b) made by the person and not by another person on their behalf. (3) The person may make the final request verbally or by gestures or other means of communication available to the person. 43 When final request may be made (1) The final request may not be made— (a) before the end of the designated period, except as provided in subsection (2); and (b) in any case, until the day after the day on which the consulting assessment that assessed the person as meeting the requirements of a consulting assessment was completed. (2) The final request may be made before the end of the designated period if— (a) in the opinion of the coordinating practitioner, the person is likely to die, or to lose decision-making capacity in relation to voluntary assisted dying, before the end of the designated period; and (b) the opinion of the coordinating practitioner is consistent with the opinion of the consulting practitioner for the person as expressed in the consulting assessment. (3) In this section— designated period means the period of 9 days from and including the day on which the person made the first request. 44 Coordinating practitioner to record final request (1) The coordinating practitioner must record the following information in the person's medical record— (a) the date when the final request was made; (b) if the final request was made before the end of the designated period, the reason for it being made before the end of that period. (2) In this section— designated period see section 43(3). 45 Coordinating practitioner to notify board of final request Within 2 business days after receiving a final request made by the person, the coordinating practitioner for the person must complete a record of receiving the final request in the approved form and give a copy of it to the board. Maximum penalty—100 penalty units. 46 Final review by coordinating practitioner on receiving final request (1) On receiving the final request the coordinating practitioner must— (a) review the following matters in relation to the person— (i) the first assessment record form; (ii) the consulting assessment record form; (iii) the second request; and (b) complete the approved form (the final review form) in relation to the person. (2) When conducting the review, the coordinating practitioner must take account of any decision made by QCAT under part 7 in relation to a decision made in the request and assessment process. Note— See section 106 for the effect of a decision by QCAT. (3) The final review form must certify that— (a) the request and assessment process has been completed in accordance with this Act; and (b) the coordinating practitioner is satisfied of each of the following— (i) the person has decision-making capacity in relation to voluntary assisted dying; (ii) the person, in requesting access to voluntary assisted dying, is acting voluntarily and without coercion. (4) As soon as practicable after completing the final review form, the coordinating practitioner must give a copy of it to the person. (5) Within 2 business days after completing the final review form, the coordinating practitioner must give a copy of it to the board. Maximum penalty—100 penalty units. Division 6 Other provisions 47 Transfer of coordinating practitioner's role (1) The coordinating practitioner for a person requesting access to voluntary assisted dying (the original practitioner) may transfer the role of coordinating practitioner to the consulting practitioner for the person if— (a) the consulting practitioner has assessed the person as meeting the requirements of a consulting assessment; and (b) the consulting practitioner accepts the transfer of the role. (2) The transfer of the role may be— (a) at the request of the person; or (b) on the original practitioner's own initiative. (3) Within 2 business days after being requested by the original practitioner to accept a transfer under subsection (1), the consulting practitioner must inform the original practitioner whether the consulting practitioner accepts or refuses the transfer of the role. (4) If the consulting practitioner accepts the transfer of the role, the original practitioner must— (a) inform the person of the transfer; and (b) record the transfer in the person's medical record; and (c) within 2 business days after acceptance of the transfer, complete a record of the acceptance of the transfer in the approved form and give a copy of it to the board. Maximum penalty for paragraph (c)—100 penalty units. (5) If the consulting practitioner refuses the transfer of the role, the original practitioner may— (a) refer the person to another medical practitioner for a further consulting assessment; and (b) transfer the role of coordinating practitioner to that medical practitioner if the practitioner— (i) accepts the referral for a further consulting assessment; and (ii) assesses the person as meeting the requirements of a consulting assessment; and (iii) accepts the transfer of the role. (6) On acceptance of the referral for a further consulting assessment, the consulting assessment that previously assessed the person as meeting the requirements of a consulting assessment becomes void. 48 No obligation for person to continue after completion of request and assessment process A person in respect of whom the request and assessment process has been completed may decide at any time not to take any further step in relation to access to voluntary assisted dying. Part 4 Accessing voluntary assisted dying and death Division 1 Administration of voluntary assisted dying substance 49 Application of division This division applies if— (a) a person has made a final request; and (b) the person's coordinating practitioner has completed the final review form. 50 Administration decision (1) The person may, in consultation with and on the advice of the coordinating practitioner for the person— (a) decide to self-administer a voluntary assisted dying substance (a self-administration decision); or (b) decide that a voluntary assisted dying substance is to be administered to the person by the administering practitioner for the person (a practitioner administration decision). (2) A practitioner administration decision may only be made if the coordinating practitioner for the person advises the person that self-administration of a voluntary assisted dying substance is inappropriate having regard to any of the following— (a) the ability of the person to self-administer the substance; (b) the person's concerns about self-administering the substance; (c) the method for administering the substance that is suitable for the person. (3) An administration decision must be— (a) clear and unambiguous; and (b) made by the person personally and not by another person on their behalf. (4) The person may make an administration decision verbally or by gestures or other means of communication available to the person. (5) If the person makes an administration decision, the coordinating practitioner for the person must record the decision in the person's medical record. 51 Revocation of administration decision (1) The person may at any time— (a) revoke a self-administration decision by informing the coordinating practitioner for the person that the person has decided not to self-administer a voluntary assisted dying substance; or (b) revoke a practitioner administration decision by informing the administering practitioner for the person that the person has decided not to proceed with the administration of a voluntary assisted dying substance. (2) The person may inform the coordinating practitioner or administering practitioner of the person's decision in writing, verbally or by gestures or other means of communication available to the person. (3) If the person revokes an administration decision under subsection (1), the coordinating practitioner or administering practitioner who is informed of the person's decision must— (a) record the revocation in the person's medical record; and (b) if the practitioner is not the coordinating practitioner for the person, inform the coordinating practitioner of the revocation; and (c) within 2 business days after the revocation, complete a record of the revocation in the approved form and give a copy of it to the board. Maximum penalty for paragraph (c)—100 penalty units. (4) The revocation of an administration decision does not prevent the person from making another administration decision under section 50. 52 Self-administration—authorisations (1) This section applies if the person makes a self-administration decision. (2) The coordinating practitioner for the person is authorised to prescribe a voluntary assisted dying substance for the person that is of a sufficient dose to cause death. (3) Subsection (2) is subject to section 59(6). (4) The authorised supplier who is given the prescription for the person is authorised to— (a) possess the voluntary assisted dying substance for the purpose of preparing it and supplying it to a person mentioned in paragraph (c); and (b) prepare the substance; and (c) supply the substance to the person, the contact person for the person or an agent of the person. (5) The person is authorised to— (a) receive the voluntary assisted dying substance from the authorised supplier, the contact person for the person or an agent of the person; and (b) possess the substance for the purpose of preparing and self-administering it; and (c) prepare the substance; and (d) self-administer the substance. (6) An agent of the person is authorised to— (a) receive the voluntary assisted dying substance from an authorised supplier; and (b) possess the substance for the purpose of supplying it to the person; and (c) supply the substance to the person. (7) Another person, requested by the person to prepare the voluntary assisted dying substance for the person, is authorised to— (a) possess the substance for the purpose of preparing it; and (b) prepare the substance; and (c) supply the substance to the person. Note— See section 61 for the authorisation of a contact person in the case of a self-administration decision. 53 Practitioner administration—authorisations (1) This section applies if the person makes a practitioner administration decision. (2) The coordinating practitioner for the person is authorised to prescribe a voluntary assisted dying substance for the person that is of sufficient dose to cause death. (3) Subsection (2) is subject to section 59(6). (4) The authorised supplier who is given the prescription for the person is authorised to— (a) possess the voluntary assisted dying substance for the purpose of preparing it and supplying it to the administering practitioner for the person; and (b) prepare the substance; and (c) supply the substance to the administering practitioner for the person. (5) The administering practitioner for the person is authorised to— (a) receive the voluntary assisted dying substance from an authorised supplier; and (b) possess the substance for the purpose of preparing it and administering it to the person; and (c) prepare the substance. (6) The administering practitioner for the person is authorised to administer the voluntary assisted dying substance to the person, in the presence of an eligible witness, if the administering practitioner is satisfied at the time of administration that— (a) the person has decision-making capacity in relation to voluntary assisted dying; and (b) the person is acting voluntarily and without coercion. 54 Witness to administration of voluntary assisted dying substance (1) Another person (the witness) is eligible to witness the administration of a voluntary assisted dying substance to the person if the witness is at least 18 years of age. (2) The witness must certify in the practitioner administration form for the person that— (a) the person appeared to be acting voluntarily and without coercion; and (b) the administering practitioner for the person administered the substance to the person in the presence of the witness. 55 Certification by administering practitioner following administration of voluntary assisted dying substance (1) This section applies if the administering practitioner for the person administers a voluntary assisted dying substance to the person. (2) The administering practitioner must certify in writing— (a) that the person made a practitioner administration decision and did not revoke the decision; and (b) that the administering practitioner was satisfied at the time of administering the voluntary assisted dying substance to the person— (i) that the person had decision-making capacity in relation to voluntary assisted dying; and (ii) that the person was acting voluntarily and without coercion; and (c) any other matter prescribed by regulation to be certified. (3) The certificate must be in the approved form (the practitioner administration form) and must include the certificate of the witness required under section 54. (4) Within 2 business days after administering the voluntary assisted dying substance, the administering practitioner must give a copy of the practitioner administration form to the board. Maximum penalty—100 penalty units. 56 Transfer of administering practitioner's role (1) This section applies if— (a) the person makes a practitioner administration decision; and (b) the coordinating practitioner for the person prescribes a voluntary assisted dying substance for the person; and (c) the administering practitioner for the person (the original practitioner) is unable or unwilling for any reason to administer the voluntary assisted dying substance to the person, whether the original practitioner is the coordinating practitioner for the person or a person to whom the role of administering practitioner has been transferred under subsection (2). (2) The original practitioner must transfer the role of administering practitioner to another person who is eligible to act as an administering practitioner for the person and accepts the transfer of the role. (3) If a person (the new practitioner) accepts the transfer of the role, the original practitioner must— (a) inform the person requesting access to voluntary assisted dying of the transfer and the contact details of the new practitioner; and (b) record the transfer in the person's medical record; and (c) within 2 business days after the acceptance of the transfer, complete a record of the acceptance of the transfer in the approved form and give a copy of it to the board. Maximum penalty for paragraph (c)—100 penalty units. (4) If the original practitioner has possession of the voluntary assisted dying substance when the role is transferred— (a) the original practitioner is authorised to supply the substance to the new practitioner; and (b) the new practitioner is authorised to receive the substance from the original practitioner. (5) The coordinating practitioner for the person requesting access to voluntary assisted dying remains the coordinating practitioner despite any transfer of the role of administering practitioner under subsection (2). Division 2 Contact person 57 Application of division This division applies if a person has made an administration decision. 58 Contact person to be appointed (1) The person must appoint a contact person. (2) A person is eligible for appointment as a contact person if the person is at least 18 years of age. (3) A person cannot be appointed as the contact person unless the person consents to the appointment. (4) The person may revoke the appointment of the contact person. (5) If the person revokes the appointment of the contact person— (a) the person must inform the contact person of the revocation; and (b) the contact person ceases to be the contact person for the person on being informed under paragraph (a); and (c) the person must make another appointment under subsection (1). 59 Contact person appointment form (1) An appointment under section 58(1) must be made in the approved form (the contact person appointment form). (2) The contact person appointment form must include the following— (a) the name, date of birth and contact details of the person; (b) the name and contact details of the coordinating practitioner for the person; (c) the name, date of birth and contact details of the contact person; (d) a statement that the contact person consents to the appointment; (e) a statement that the contact person understands the contact person's role under this Act (including the requirements under section 63 to give the voluntary assisted dying substance, or any unused or remaining substance, to an authorised disposer and the penalties for offences under that section); (f) if the person was assisted by an interpreter when making the appointment— (i) the name, contact details and accreditation details of the interpreter; and (ii) a statement signed by the interpreter certifying that the interpreter provided a true and correct translation of any information translated; (g) the signature of the contact person and the date when the form was signed; (h) the signature of the person, or other person who completes the form on behalf of the person, and the date when the form was signed. (3) At the person's request, another person (the second person) may complete the form on the person's behalf if— (a) the person is unable to complete the form; and (b) the second person is at least 18 years of age; and (c) the second person signs the contact person appointment form in the presence of the person. (4) The person or the contact person for the person must give the contact person appointment form to the coordinating practitioner for the person. (5) Within 2 business days after receiving the contact person appointment form, the coordinating practitioner for the person must give a copy of it to the board. Maximum penalty—100 penalty units. (6) The coordinating practitioner for a person may not prescribe a voluntary assisted dying substance for the person before the contact person appointment form is given to the coordinating practitioner. 60 Board to give information to contact person (1) This section applies if the person makes a self-administration decision and appoints a contact person. (2) Within 2 business days of receiving the contact person appointment form, the board must give the contact person information about— (a) the requirement to give the voluntary assisted dying substance, or any unused or remaining substance, to an authorised disposer under section 63; and (b) the support services available to the contact person to assist the contact person to fulfil the requirement. 61 Role of contact person in case of self-administration decision (1) This section applies if the person makes a self-administration decision. (2) The contact person for the person is authorised to— (a) receive the voluntary assisted dying substance from an authorised supplier; and (b) possess the substance for the purpose of paragraph (c) or (d); and (c) supply the substance to the person; and (d) give the substance, or any unused or remaining substance, to an authorised disposer under section 63. (3) The contact person for the person must inform the coordinating practitioner for the person if the person dies (whether as a result of self-administering the voluntary assisted dying substance or from some other cause), within 2 business days of becoming aware of the death. (4) The board may contact the contact person to request information. 62 Role of contact person in case of practitioner administration decision (1) This section applies if the person has made a practitioner administration decision. (2) The contact person for the person must inform the coordinating practitioner for the person if the person dies as a result of a cause other than the administration of the voluntary assisted dying substance, within 2 business days of becoming aware of the death. (3) The board may contact the contact person to request information. 63 Contact person to give voluntary assisted dying substance to authorised disposer (1) Subsection (2) applies if the person revokes a self-administration decision after an authorised supplier has supplied a voluntary assisted dying substance for the person. (2) The contact person for the person must, as soon as practicable and in any event within 14 days after the day on which the decision is revoked, give the voluntary assisted dying substance to an authorised disposer. Maximum penalty—100 penalty units. (3) Subsection (4) applies if the person— (a) makes a self-administration decision; and (b) dies after an authorised supplier has supplied a voluntary assisted dying substance for the person. (4) The contact person for the person must, as soon as practicable and in any event within 14 days after the day on which the person dies, give any unused or remaining substance to an authorised disposer. Maximum penalty—100 penalty units. 64 Contact person may refuse to continue in role (1) The contact person for the person may refuse to continue to perform the role of contact person. (2) If the contact person refuses to continue to perform the role— (a) the contact person must inform the person of the refusal; and (b) the contact person ceases to be the contact person for the person on informing the person under paragraph (a); and (c) the person must make another appointment under section 58. Division 3 Prescribing, supplying and disposing of voluntary assisted dying substance 65 Information to be given before prescribing voluntary assisted dying substance (1) The coordinating practitioner for a person who has made a self-administration decision must, before prescribing a voluntary assisted dying substance for the person, inform the person, in writing, of the following— (a) the S4 substance or S8 substance, or combination of substances, constituting the substance; (b) that the person is not under any obligation to self-administer the substance; (c) that the substance must be stored in accordance with requirements prescribed by regulation; (d) how to prepare and self-administer the substance; (e) the expected effects of self-administration of the substance; (f) the period within which the person is likely to die after self-administration of the substance; (g) the potential risks of self-administration of the substance; (h) that, if the person decides not to self-administer the substance, their contact person must give the substance to an authorised disposer for disposal; (i) that, if the person dies, their contact person must give any unused or remaining substance to an authorised disposer for disposal; (j) the name of the authorised supplier who will be supplying the voluntary assisted dying substance; (k) the name of 1 or more registered health practitioners or class of registered health practitioners who are authorised disposers. (2) The coordinating practitioner for a person who has made a practitioner administration decision must, before prescribing a voluntary assisted dying substance for the person, inform the person, in writing, of the following— (a) the S4 substance or S8 substance, or combination of substances, constituting the substance; (b) that the person is not under any obligation to have the substance administered to the person; (c) the method by which the substance will be administered; (d) the expected effects of administration of the substance; (e) the period within which the person is likely to die after administration of the substance; (f) the potential risks of administration of the substance; (g) that, if the practitioner administration decision is made after the revocation of a self-administration decision, the person's contact person must give any substance received by the person, the contact person or an agent of the contact person to an authorised disposer for disposal; (h) if the practitioner administration decision is made after the revocation of a self-administration decision—the name of 1 or more registered health practitioners or class of registered health practitioners who are authorised disposers. 66 Prescription for voluntary assisted dying substance (1) This section applies if the coordinating practitioner for a person prescribes a voluntary assisted dying substance for the person. (2) The prescription issued by the coordinating practitioner must include— (a) a statement that clearly indicates it is for a voluntary assisted dying substance; and (b) a statement— (i) certifying that the request and assessment process has been completed in relation to the person in accordance with this Act; and (ii) certifying that the person has made an administration decision and specifying whether the decision is a self-administration decision or practitioner administration decision; and (c) details of the substance and the maximum amount of the substance authorised by the prescription; and (d) the person's name and telephone number. (3) The prescription may not provide for the voluntary assisted dying substance to be supplied on more than 1 occasion. (4) The coordinating practitioner must give the prescription directly to an authorised supplier. 67 Other requirements for prescribing A regulation may prescribe other requirements with which a coordinating practitioner must comply in relation to prescribing a voluntary assisted dying substance. 68 Coordinating practitioner to notify board of administration decision and prescription of voluntary assisted dying substance Within 2 business days after prescribing a voluntary assisted dying substance for a person, the person's coordinating practitioner must complete, and give a copy to the board of, a record in the approved form stating— (a) the person's administration decision; and (b) that the practitioner has prescribed a voluntary assisted dying substance for the person. Maximum penalty—100 penalty units. 69 Authorised supplier to authenticate prescription An authorised supplier who is given a prescription for a voluntary assisted dying substance must not supply the substance in accordance with the prescription unless the authorised supplier has confirmed— (a) the authenticity of the prescription; and (b) the identity of the person who issued the prescription; and (c) the identity of the person to whom the substance is to be supplied. 70 Information to be given when supplying voluntary assisted dying substance (1) This section applies if an authorised supplier supplies a voluntary assisted dying substance to a person, the contact person for a person or an agent of a person following a self-administration decision of the person. (2) The authorised supplier must, when supplying the voluntary assisted dying substance, inform the recipient, in writing, of the following— (a) that the person is not under any obligation to self-administer the substance; (b) the S4 substance or S8 substance, or combination of substances, constituting the substance; (c) how to prepare and self-administer the substance; (d) that the substance must be stored in accordance with requirements prescribed by regulation; (e) the expected effects of self-administration of the substance; (f) the period within which the person is likely to die after self-administration of the substance; (g) the potential risks of self-administration of the substance; (h) that, if the person decides not to self-administer the substance, their contact person must give the substance to an authorised disposer for disposal; (i) that, if the person dies, their contact person must give any unused or remaining substance to an authorised disposer for disposal. 71 Labelling requirements for voluntary assisted dying substance An authorised supplier who supplies a voluntary assisted dying substance must comply with labelling requirements prescribed by regulation. 72 Authorised supplier to record and notify of supply (1) An authorised supplier who supplies a voluntary assisted dying substance must complete a record of the supply in the approved form (the authorised supply form). (2) The authorised supply form must include the following— (a) the name, date of birth and contact details of the person; (b) the name and contact details of the authorised supplier; (c) a statement that the voluntary assisted dying substance was supplied; (d) a statement that the requirements under sections 69, 70 and 71 were complied with. (3) Within 2 business days after supplying the voluntary assisted dying substance, the authorised supplier must give a copy of the completed authorised supply form to the board. Maximum penalty—100 penalty units. 73 Other requirements for supplying A regulation may prescribe other requirements with which an authorised supplier must comply in relation to supplying a voluntary assisted dying substance. 74 Storage of voluntary assisted dying substance A person who receives a voluntary assisted dying substance must store the substance in accordance with the requirements prescribed by regulation. 75 Disposal of voluntary assisted dying substance (1) This section applies if a voluntary assisted dying substance, or any unused or remaining substance, is given to an authorised disposer by the contact person for a person. (2) The authorised disposer is authorised to— (a) possess the voluntary assisted dying substance or unused or remaining substance for the purpose of disposing of it; and (b) dispose of the substance. (3) The authorised disposer must dispose of the voluntary assisted dying substance or unused or remaining substance as soon as practicable afte