Australian Capital Territory Numbered Acts

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VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 146

Effect of ACAT decision that individual meets relevant requirement

    (1)     This section applies if the ACAT—

        (a)     makes any of the following orders under section 145:

              (i)     an order that the individual has decision-making capacity in relation to voluntary assisted dying;

              (ii)     an order that the individual is acting voluntarily and without coercion;

              (iii)     an order that the individual has lived in the ACT for at least the previous 12 months; and

        (b)     does not also make any of the following orders under section 145 in the same proceeding:

              (i)     an order that the individual does not have decision-making capacity in relation to voluntary assisted dying;

              (ii)     an order that the individual is not acting voluntarily and without coercion;

              (iii)     an order that the individual has not lived in the ACT for at least the previous 12 months.

    (2)     The order is taken to be the decision of the decision-maker for the reviewable decision.



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