Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 11

    (1)     For this Act, an individual meets the eligibility requirements if—

        (a)     they are an adult; and

        (b)     they have been diagnosed with a condition that, either on its own or in combination with 1 or more other diagnosed conditions, is advanced, progressive and expected to cause death (the relevant conditions ); and

        (c)     they are suffering intolerably in relation to the relevant conditions; and

        (d)     they have decision-making capacity in relation to voluntary assisted dying; and

        (e)     their decision to access voluntary assisted dying is made voluntarily and without coercion; and

        (f)     they have—

              (i)     lived in the ACT for at least the previous 12 months; or

              (ii)     been granted an exemption under section 154.

    (2)     For subsection (1) (b), an individual—

        (a)     may meet the requirement mentioned in that subsection if they have a disability, mental disorder or mental illness; but

        (b)     does not meet the requirement mentioned in that subsection only because they have—

              (i)     a disability that—

    (A)     substantially impairs their communication, learning or mobility; and

    (B)     results in the individual needing services to support them to live with the disability; or

              (ii)     a mental disorder or mental illness.

    (3)     For subsection (1) (b), an individual's relevant conditions are "advanced" if—

        (a)     the individual's functioning and quality of life—

              (i)     have declined or are declining; and

              (ii)     are not expected to improve; and

        (b)     any treatments for the conditions that are reasonably available and acceptable to the individual have lost any beneficial impact; and

        (c)     the individual is approaching the end of their life.

    (4)     For subsection (1) (c), an individual is suffering intolerably in relation to their relevant conditions if—

        (a)     persistent suffering (whether physical, mental or both) is being caused to them by—

              (i)     1 or more of the following matters:

    (A)     the relevant conditions;

    (B)     the combination of the relevant conditions and any other condition or conditions they have been diagnosed with (the other conditions );

    (C)     treatment they have received for the relevant conditions;

    (D)     the combination of treatments they have received for the relevant conditions and the other conditions; or

              (ii)     the anticipation or expectation, based on medical advice, of suffering that will or might be caused by a matter mentioned in subparagraph (i); or

              (iii)     a medical complication that will or might result from, or be related to, a matter mentioned in subparagraph (i); and

        (b)     the persistent suffering is, in their opinion, intolerable.

    (5)     For subsection (3) (b), "treatment", for an individual's relevant conditions, does not include treatment that is primarily for the purpose of relieving a symptom of the conditions or any pain or distress caused by the conditions.

    (6)     For subsection (3) (c), an individual may be approaching the end of their life even if it is uncertain whether their relevant conditions will cause death within the next 12 months.

    (7)     In this section:

"condition" means a disease, illness or other medical condition.

"disability"—see the Disability Services Act 1991

, dictionary.

"mental disorder"—see the Mental Health Act 2015

, section 9.

"mental illness"—see the Mental Health Act 2015

, section 10.

"progressive"—an individual's condition is progressive if their condition is deteriorating and will continue to deteriorate.