Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 44

    (1)     An individual may ask their coordinating practitioner or another health practitioner (the requested practitioner ) to act as their administering practitioner if the individual—

        (a)     has made a practitioner administration decision; or

        (b)     has changed their administration decision to a practitioner administration decision under section 43 (1) (a).

    (2)     Within 4 business days after the day the individual makes a request, the requested practitioner must—

        (a)     decide to act or refuse to act as the individual's administering practitioner; and

        (b)     tell the individual about the decision.

    (3)     The requested practitioner—

        (a)     must refuse to act as the individual's administering practitioner if they do not meet the administering practitioner requirements under section 97 (Requirements for acting as coordinating practitioner, consulting practitioner or administering practitioner); and

        (b)     may refuse to act as the individual's administering practitioner if they are unable or unwilling to exercise the functions of an administering practitioner.

Note     The coordinating practitioner or health practitioner may refuse to act as the individual's administering practitioner if they have a conscientious objection (see s 99).

    (4)     The requested practitioner becomes the administering practitioner for the individual when they tell the individual that they agree to act as the individual's administering practitioner.

    (5)     If the requested practitioner agrees to act as the individual's administering practitioner, the practitioner must give the board written notice of their decision within 4 business days after the day they tell the individual about the decision.

Maximum penalty: 20 penalty units.

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

    (7)     If the requested practitioner refuses to act as the individual's administering practitioner, the practitioner must—

        (a)     tell the individual that other health practitioners may be able to assist the individual with their request; and

        (b)     give the individual information about—

              (i)     another health practitioner who they believe is likely to be able to assist the individual with their request; or

              (ii)     the approved care navigator service.

    (8)     The requested practitioner must record the following information in the individual's health record—

        (a)     that the request was made;

        (b)     the practitioner's decision;

        (c)     if the practitioner refused to act as the individual's administering practitioner—the steps taken by the practitioner to comply with subsection (7).