Australian Capital Territory Current Acts

VOLUNTARY ASSISTED DYING ACT 2024 - SECT 47

    (1)     This section applies if an individual has an administering practitioner.

    (2)     The individual may ask another health practitioner to become their administering practitioner (a transfer request ).

    (3)     Within 4 business days after the day the individual makes a transfer request, the other health practitioner must—

        (a)     tell the individual whether the other health practitioner accepts or refuses to accept the request; and

        (b)     if the other health practitioner refuses to accept the request—refer the individual to the approved care navigator service.

    (4)     The other health practitioner—

        (a)     must refuse to accept the transfer request if they do not meet the administering practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

        (b)     may refuse to accept the transfer request if they are unable or unwilling to exercise the functions of an administering practitioner.

Note     A health practitioner may refuse to accept a transfer request if they have a conscientious objection (see s 99).

    (5)     If the other health practitioner accepts the transfer request, the other health practitioner must—

        (a)     tell the individual and the individual's administering practitioner about their acceptance of the request; and

        (b)     if the individual's coordinating practitioner is not the individual's administering practitioner—tell the coordinating practitioner about the request acceptance; and

        (c)     give the board written notice of the transfer within 4 business days after the day the other health practitioner tells the individual that they accept the request; and

        (d)     tell the original practitioner about the notice given under paragraph (c) as soon as practicable after giving the notice.

Maximum penalty (paragraph (c)): 20 penalty units.

    (6)     An offence against this section is a strict liability offence.

    (7)     When the other health practitioner gives the board notice under subsection (5) (c)—

        (a)     the other health practitioner becomes the individual's administering practitioner (the new practitioner ); and

        (b)     the administering practitioner functions transfer to the new practitioner.