Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 105

    (1)     This section applies if—

        (a)     section 100 applies; and

        (b)     either—

              (i)     the relevant person is unable to attend the facility at a time that is acceptable to the individual; or

              (ii)     the facility operator does not allow the relevant person to have reasonable access to the individual at the facility in accordance with section 104.

    (2)     The facility operator must ask the individual if they want to be transferred to and from a place to see—

        (a)     the relevant person (the first relevant person ); or

        (b)     another relevant person if—

              (i)     the first relevant person is unable to see the individual at a time or place that is acceptable to the individual; or

              (ii)     the individual's deciding practitioner decides that transferring the individual to and from a place to see the first relevant person is unreasonable in the circumstances.

    (3)     If the individual, or their agent, tells the facility operator that the individual wants to be transferred to and from a place to see the first relevant person or another relevant person, the operator must ask the individual's deciding practitioner to decide whether it is reasonable in the circumstances to transfer the individual to and from a place to see the person.

    (4)     The individual's deciding practitioner must take the following into account when deciding whether a transfer is reasonable in the circumstances:

        (a)     whether the transfer would be likely to cause serious harm to the individual;

Examples—serious harm

significant pain, a significant deterioration in the individual's condition

        (b)     whether the transfer would be likely to adversely affect the individual's access to voluntary assisted dying;

Example—adverse effect

the transfer would likely result in a loss of decision-making capacity, including because of the effects of any pain relief or medication that would be required for the transfer

        (c)     whether the transfer would be likely to cause undue delay or prolonged suffering in accessing voluntary assisted dying;

        (d)     whether the place where it is proposed the individual would be transferred to is available to receive the individual;

        (e)     whether the individual would incur a financial loss or cost because of the transfer.

    (5)     The facility operator must, as soon as reasonably practicable, facilitate the transfer of the individual if—

        (a)     the deciding practitioner decides that the transfer is reasonable in the circumstances; and

        (b)     the individual consents to the transfer.

Maximum penalty: 100 penalty units.

    (6)     If the facility operator does not facilitate the transfer in accordance with subsection (5), the operator must give the board written notice stating—

        (a)     the reasons why the transfer did not happen; and

        (b)     the steps taken by the operator to try to facilitate the transfer.

Maximum penalty: 20 penalty units.

    (7)     An offence against subsection (6) is a strict liability offence.