Australian Capital Territory Current Acts

VOLUNTARY ASSISTED DYING ACT 2024 - SECT 81

    (1)     This section applies if an individual dies after their administering practitioner administers an approved substance to them.

    (2)     The administering practitioner must give the director-general written notice of the death within 4 business days after the day the individual dies.

    (3)     The administering practitioner must prepare a written certificate (an "administration certificate") certifying—

        (a)     that the individual made a practitioner administration decision; and

        (b)     that the individual did not revoke the practitioner administration decision before the approved substance was administered; and

        (c)     that the administering practitioner is satisfied that, immediately before administering the approved substance to the individual—

              (i)     the individual had decision-making capacity in relation to voluntary assisted dying; and

              (ii)     the individual was acting voluntarily and without coercion; and

        (d)     any other matter prescribed by regulation.

Note     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (4)     Within 4 business days after the day the administering practitioner administers the approved substance to the individual, the administering practitioner must give the board a copy of—

        (a)     the administration certificate; and

        (b)     the witness certificate.

Maximum penalty: 20 penalty units.

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

    (6)     In this section:

"witness certificate"—see section 66 (4).