Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--OBJECTS, PRINCIPLES AND IMPORTANT CONCEPTS

   6.      Objects of Act  
   7.      Principles of Act  
   8.      Voluntary assisted dying not suicide  
   9.      No obligation to continue with request to access voluntary assisted  
   10.     When individual may access voluntary assisted dying  
   11.     Meaning of eligibility requirements  
   12.     Meaning of decision-making capacity  

   PART 3--REQUEST AND ASSESSMENT PROCESS FOR ACCESS TO VOLUNTARY ASSISTED DYING

           Division 3.1--First request, coordinating practitioner and first assessment

   13.     Making first request  
   14.     Health practitioner must accept or refuse to accept first request  
   15.     Recording first request in individual's health record  
   16.     Coordinating practitioner to undertake first assessment  
   17.     Referral for advice about eligibility requirements  
   18.     Notifying individual and board about outcome of first assessment  
   19.     Referral for consulting assessment  

           Division 3.2--Consulting referral, consulting practitioner and consulting assessment

   20.     Health practitioner must accept or refuse to accept consulting assessment  
   21.     Recording referral in individual's health record  
   22.     Notifying board about decision to accept or refuse to accept referral  
   23.     Consulting practitioner to undertake consulting assessment  
   24.     Referral for advice about eligibility requirements  
   25.     Notifying individual, coordinating practitioner and board about outcome of consulting  
   26.     Referral for further consulting assessment  

           Division 3.3--Second request

   27.     Making second request  
   28.     Certification of witness  
   29.     Recording second request in individual's health record  
   30.     Notifying board about second request  

           Division 3.4--Final request and final assessment

   31.     Meaning of final assessment requirements  
   32.     Making final request  
   33.     Recording final request in individual's health record  
   34.     Notifying board about final request  
   35.     Coordinating practitioner to undertake final assessment  
   36.     Notifying individual and board about outcome of final assessment  

           Division 3.5--Transfer of coordinating practitioner functions

   37.     Transfer request made by coordinating practitioner  
   38.     Transfer request made by individual  
   39.     Decisions of previous coordinating practitioner remain valid despite transfer of  

           Division 3.6--Miscellaneous

   40.     Offence—inducing making or revocation of request for access to voluntary assisted  

   PART 4--ACCESSING VOLUNTARY ASSISTED DYING AND DEATH

           Division 4.1--Administration decision

   41.     Application—div 4.1  
   42.     Making administration decision  
   43.     Changing administration decision  
   44.     Administering practitioner  
   45.     Revocation of administration decision  
   46.     Transfer of administering practitioner functions—transfer request made by  
   47.     Transfer of administering practitioner functions—transfer request made by  
   48.     Coordinating practitioner functions do not transfer on transfer of administering practitioner  
   49.     Offence—inducing making or revocation of administration decision  

           Division 4.2--Contact person

   50.     Application—div 4.2  
   51.     Appointment of contact person  
   52.     Coordinating practitioner must give information to contact person  
   53.     Ending contact person appointment  
   54.     Effect of change or revocation of administration decision on contact person  

           Division 4.3--Dealing with approved substances

   55.     Definitions—div 4.3  
   56.     Approved substances  
   57.     Approved suppliers and disposers  
   58.     Prescribing approved substances—first prescription  
   59.     Prescribing approved substances—subsequent prescription  
   60.     Possessing, preparing and supplying approved substances—approved suppliers and  
   61.     Receiving, possessing, preparing and administering approved substances—individuals  
   62.     Giving approved substances to administering practitioner after change of administration  
   63.     Receiving and possessing approved substances—administering  
   64.     Receiving and possessing approved substances after change of administration  
   65.     Giving, receiving and possessing approved substances—transfer of administering  
   66.     Administering approved substances—administering practitioner  
   67.     Giving, receiving and possessing approved substances—change in contact  
   68.     Giving approved substances to approved disposer if administration decision  
   69.     Giving approved substances to approved disposer if individual dies or contact person  
   70.     Giving approved substances to approved disposer—administering  
   71.     Giving approved substances to approved disposer—transfer of administering  
   72.     Giving expired approved substances to approved disposer  
   73.     Disposal of approved substances by approved disposer  
   74.     Storage of approved substances  
   75.     Offence—unauthorised administration of approved substance  
   76.     Offence—inducing self-administration of approved substance  

           Division 4.4--Notifications about death

   77.     Application—div 4.4  
   78.     Contact person to tell coordinating practitioner about death  
   79.     Coordinating practitioner to notify board and director-general about  
   80.     Administering practitioner to notify board, coordinating practitioner and director-general  
   81.     Administration certificate  
   82.     Notice of death if individual dies following administration of an approved  
   83.     Health practitioner to notify board about death  
   84.     Board may request information from coordinating practitioner or contact  

           Division 4.5--Miscellaneous

   85.     Director-general must keep register about supply and disposal of approved  

   PART 5--REQUIREMENTS FOR COORDINATING PRACTITIONERS, CONSULTING PRACTITIONERS AND ADMINISTERING PRACTITIONERS

           Division 5.1--General

   86.     Definitions—pt 5  

           Division 5.2--Authorised practitioners

   87.     Meaning of authorised practitioner—div 5.2  
   88.     Application for authorisation  
   89.     Eligibility for authorisation  
   90.     Director-general may require more information  
   91.     Change of information must be provided  
   92.     Deciding applications  
   93.     Authorisation conditions  
   94.     Notifying director-general about change in eligibility for  
   95.     Revocation of authorisation  
   96.     Register of authorised practitioners  

           Division 5.3--Requirements for coordinating practitioners, consulting practitioners and administering practitioners

   97.     Requirements for acting as coordinating practitioner, consulting practitioner or  
   98.     Acting as coordinating practitioner, consulting practitioner or administering  

   PART 6--CONSCIENTIOUS OBJECTIONS--HEALTH PRACTITIONERS AND HEALTH SERVICE PROVIDERS

   99.     Conscientious objection by health practitioner or health service provider  
   100.    Giving individual contact details for approved care navigator  

   PART 7--OBLIGATIONS OF FACILITY OPERATORS

           Division 7.1--General

   101.    Definitions—pt 7  

           Division 7.2--Information and access obligations

   102.    Application—div 7.2  
   103.    Definitions—div 7.2  
   104.    Obligation to allow relevant person to have reasonable access to individual who wants  
   105.    Obligation to consider and facilitate transfer of individual who wants to access voluntary  
   106.    Obligation to make access to relevant person reasonably practicable  

           Division 7.3--Other obligations

   107.    Obligations if individual wants information about voluntary assisted  
   108.    Facility operator must have policy  
   109.    Facility operator must not withdraw or refuse to provide care  

   PART 8--VOLUNTARY ASSISTED DYING OVERSIGHT BOARD

           Division 8.1--Establishment of board

   110.    Establishment of board  

           Division 8.2--Membership of board

   111.    Members of board  
   112.    Appointment of members  
   113.    Appointment of chair  
   114.    Appointment of deputy chair  
   115.    Ending member appointments  
   116.    Honesty, care and diligence of board members  
   117.    Conflicts of interest by board members  
   118.    Disclosure of interests by board members  

           Division 8.3--Functions of board and members

   119.    Functions of board  
   120.    Functions of chair and deputy chair  
   121.    Ministerial directions  
   122.    Decisions of board  

           Division 8.4--Miscellaneous

   123.    Board may request information from registrar-general  
   124.    Delegation by board  
   125.    Director-general to give support to board  
   126.    Arrangements for board staff and facilities  
   127.    Annual reporting of board  

   PART 9--PROTECTION FROM LIABILITY

   128.    Meaning of conduct—pt 9  
   129.    Board members and people assisting board  
   130.    People engaging in conduct under Act  
   131.    Health practitioners and ambulance service members  
   132.    Engaging in conduct under Act not breach of professional standards etc  
   133.    Provisions of part do not affect complaints or referrals  

   PART 10--REVIEW OF COORDINATING PRACTITIONER, CONSULTING PRACTITIONER AND ADMINISTERING PRACTITIONER DECISIONS

           Division 10.1--General

   134.    Definitions—pt 10  

           Division 10.2--Reviewable decision notices and applications for review of reviewable decisions

   135.    Reviewable decision notices  
   136.    Making application for review of reviewable decision  
   137.    Parties to application for review  
   138.    Application for review suspends process for accessing voluntary assisted  
   139.    Registrar must give notice of application for review  
   140.    Application for review taken to be withdrawn if individual dies  

           Division 10.3--Procedural matters

   141.    Coordinating practitioner and consulting practitioner must give documents to  
   142.    Hearings must take place in private  
   143.    Non-publication orders  
   144.    Members constituting ACAT  

           Division 10.4--Decisions of ACAT

   145.    Orders following review of reviewable decision  
   146.    Effect of ACAT decision that individual meets relevant requirement  
   147.    Effect of ACAT decision that individual does not meet relevant  
   148.    Registrar must give decision to consulting practitioner if consulting practitioner not  
   149.    Coordinating practitioner must give copy of ACAT decision to board  

   PART 11--REVIEW OF OTHER DECISIONS

   150.    Definitions—pt 11  
   151.    Reviewable decision notices  
   152.    Applications for review  

   PART 12--MISCELLANEOUS

   153.    Exercise of enforcement powers under Medicines, Poisons and Therapeutic Goods Act  
   154.    Residency exemptions  
   155.    Requirements for health professionals when raising voluntary assisted dying as an end of life  
   156.    Interpreters  
   157.    Technical error does not invalidate processes  
   158.    Approved care navigator service  
   159.    Director-general may make guidelines  
   160.    Use or divulge protected information  
   161.    Regulation-making power  
   162.    Review of Act  

   PART 13--CONSEQUENTIAL AMENDMENTS

   163.    Legislation amended—sch 3  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES