Australian Capital Territory Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2024 (NO. 24 OF 2024) - SCHEDULE 3

Schedule 3     Consequential amendments

(see pt 13)

Part 3.1     Births, Deaths and Marriages Registration Act 1997

[3.1]     New section 42 (2A)

insert

    (2A)     However, the registrar-general must not give the access to any part of the register, or any information in the register, that would disclose—

        (a)     the manner of death of a deceased person; or

        (b)     that a manner of death was recorded for a deceased person.

Note 1     The Voluntary Assisted Dying Act 2024 , s 82 (3) requires notice to be given to the registrar-general about the manner of death of a deceased person.

Note 2     The registrar-general must give the Voluntary Assisted Dying Oversight Board information about a death (including any recorded manner of death) in certain circumstances (see Voluntary Assisted Dying Act 2024 , s 123).

[3.2]     Section 45 (1)

omit

subsection (2)

substitute

subsections (2) and (2A)

[3.3]     New section 45 (2A)

insert

    (2A)     For subsection (1) (a), if an entry in the register relates to a death and a manner of death is recorded, the entry is taken not to include the manner of death.

Note 1     The Voluntary Assisted Dying Act 2024 , s 82 (3) requires notice to be given to the registrar-general about the manner of death of a deceased person.

Note 2     The registrar-general must give the Voluntary Assisted Dying Oversight Board information about a death (including any recorded manner of death) in certain circumstances (see Voluntary Assisted Dying Act 2024 , s 123).

Part 3.2     Births, Deaths and Marriages Registration Regulation 1998

[3.4]     New section 12 (e)

insert

        (e)     if the registrar-general is given notice about the manner of death of the deceased under the Voluntary Assisted Dying Act 2024 , section 82 (3)—the manner of death of the deceased.

Part 3.3     Coroners Act 1997

[3.5]     New section 13 (1A)

insert

    (1A)     However, subsection (1) (i) does not apply in relation to a person who has self - administered, or been administered, an approved substance in accordance with the Voluntary Assisted Dying Act 2024 .

[3.6]     Section 13 (4), definition of operation or procedure , except note

substitute

"operation or procedure"—

        (a)     means—

              (i)     an operation of a medical, surgical, dental or similar nature; or

              (ii)     an invasive medical or diagnostic procedure; but

        (b)     does not include the administration of an approved substance by or to a person in accordance with the Voluntary Assisted Dying Act 2024 .

Part 3.4     Guardianship and Management of Property Act 1991

[3.7]     New section 7B (f)

insert

        (f)     request access to, revoke a request to access, or access voluntary assisted dying.

Part 3.5     Medicines, Poisons and Therapeutic Goods Act 2008

[3.8]     Section 20 (1), examples for par (b), new example 3

insert

3     the person is authorised under the Voluntary Assisted Dying Act 2024 , s 66 to administer the medicine

Part 3.6     Powers of Attorney Act 2006

[3.9]     New section 37 (1) (da)

insert

        (da)     requesting access to, revoking a request to access, or accessing voluntary assisted dying;