Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 43

    (1)     If an individual has an administration decision in effect, the individual may, at any time—

        (a)     if the individual made a decision that they would self-administer an approved substance—decide instead that an approved substance will be administered to them by a health practitioner; or

        (b)     if the individual made a decision that an approved substance would be administered to them by a health practitioner—decide instead that they will self-administer an approved substance.

    (2)     The change of decision—

        (a)     must be—

              (i)     clear and unambiguous; and

              (ii)     made personally by the individual; and

        (b)     may be made in consultation with, and on the advice of, the individual's coordinating practitioner.

    (3)     The change of decision—

        (a)     may be made in writing or orally, or by communicating in any other way the individual can; and

        (b)     takes effect when the individual tells their coordinating practitioner about the change of decision.

    (4)     The individual's coordinating practitioner must—

        (a)     record the change of decision in the individual's health record; and

        (b)     give the board written notice of the change of decision within 4 business days after the day the individual tells the coordinating practitioner about the change of decision.

Maximum penalty (paragraph (b)): 20 penalty units.

    (5)     An offence against this section is a strict liability offence.

    (6)     If the individual changes their administration decision under subsection (1) (a), any contact person appointment in effect ends when the decision is changed.

    (7)     If an individual changes their administration decision under subsection (1) (b), the individual must appoint a contact person under section 51.