Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 23

    (1)     An individual's consulting practitioner must undertake an assessment (a  consulting assessment ) to decide whether the individual—

        (a)     meets the eligibility requirements; and

        (b)     if the consulting practitioner decides that the individual meets the eligibility requirements—understands the information given to them under subsection (3).

    (2)     For subsection (1) (b), in deciding whether an individual understands information given to them, the following must be taken into account:

        (a)     an individual is capable of understanding the information if they are capable of understanding the information with adequate and appropriate support;

        (b)     an individual must not be treated as not understanding the information unless all practicable steps to support them to understand the information have been taken;

        (c)     an individual must not be treated as not understanding the information only because they have impaired decision-making capacity under another Act or in relation to another matter;

        (d)     an individual who moves between understanding and not understanding information must, if practicable, be given the opportunity to consider the information at a time when they are most likely to understand it.

    (3)     If the consulting practitioner decides that the individual meets the eligibility requirements, the consulting practitioner must give the individual any information prescribed by regulation.

    (4)     The consulting practitioner's consulting assessment and decision in relation to the consulting assessment must be undertaken and made independently of the individual's coordinating practitioner.

    (5)     The consulting practitioner may take the following into account when undertaking the consulting assessment:

        (a)     any relevant information about the individual that has been prepared by another person who, in the opinion of the coordinating practitioner, has the appropriate skills and training to provide the information;

        (b)     if the consulting practitioner refers the individual to another person for advice under section 24—any advice given by the other person.