Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SECT 46

    (1)     This section applies if—

        (a)     an individual has an administering practitioner; and

        (b)     the administering practitioner (the original practitioner ) is unable or unwilling to exercise their functions as administering practitioner.

    (2)     The original practitioner must ask another health practitioner to become the individual's administering practitioner (a transfer request ) if the individual consents to the request being made.

    (3)     Within 4 business days after the day the original practitioner makes a transfer request, the other health practitioner must tell the original practitioner whether the other health practitioner accepts or refuses to accept the request.

    (4)     The other health practitioner—

        (a)     must refuse to accept the transfer request 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 accept the transfer request if they are unable or unwilling to exercise the functions of an administering practitioner.

Note     A health practitioner may refuse to accept a transfer request if they have a conscientious objection (see s 99).

    (5)     If the other health practitioner accepts the transfer request, the original practitioner must—

        (a)     tell the individual that the request has been accepted and give the other health practitioner's name and contact details to the individual; and

        (b)     record the request acceptance in the individual's health record; and

        (c)     give the board written notice of the request acceptance as soon as practicable, but not later than 4 business days after the day the original practitioner does the things mentioned in paragraph (a); and

        (d)     tell the other health practitioner about the notice given under paragraph (c) as soon as practicable after giving the notice.

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

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

    (7)     When the original practitioner gives the board notice under subsection (5) (c)—

        (a)     the other health practitioner becomes the individual's administering practitioner (the new practitioner ); and

        (b)     the functions of the original practitioner transfer to the new practitioner.

    (8)     The original practitioner must refer the individual to the approved care navigator service if the original practitioner is unable to transfer their functions after taking reasonable steps to do so.