Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 12

    (1)     For this Act, an individual has decision-making capacity in relation to voluntary assisted dying if they can—

        (a)     understand the facts that relate to a decision about accessing voluntary assisted dying; and

        (b)     understand the main choices available to them in relation to the decision; and

        (c)     weigh up the consequences of the main choices; and

        (d)     understand how the consequences affect them; and

        (e)     on the basis of paragraphs (a) to (d), make the decision; and

        (f)     communicate the decision in whatever way they can.

    (2)     An individual must be assumed to have decision-making capacity in relation to voluntary assisted dying unless it is established that they do not have decision-making capacity in relation to voluntary assisted dying.

    (3)     In deciding whether an individual has decision-making capacity in relation to voluntary assisted dying, the following must be taken into account:

        (a)     an individual's decision-making capacity is particular to the decision they are to make;

        (b)     an individual is capable of making a decision if they are capable of making the decision with adequate and appropriate support;

        (c)     an individual must not be treated as not having decision-making capacity unless all practicable steps to support them to make decisions have been taken;

        (d)     an individual must not be treated as not having decision-making capacity only because they—

              (i)     make an unwise decision; or

              (ii)     have impaired decision-making capacity under another Act, or in relation to another decision;

        (e)     an individual who moves between having and not having decision ‑ making capacity must, if practicable, be given the opportunity to consider matters requiring a decision at a time when they have decision-making capacity.