Queensland Consolidated Acts

VOLUNTARY ASSISTED DYING ACT 2021

- As at 1 February 2024 
- Act 17 of 2021 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Main purposes of Act
   4.      Act binds all persons

           Division 2 - Principles of voluntary assisted dying

   5.      Principles

           Division 3 - Interpretation

   6.      Definitions

           Division 4 - Other provisions

   7.      Health care worker not to initiate discussion about voluntary assisted dying
   8.      Voluntary assisted dying not suicide

   PART 2 - REQUIREMENTS FOR ACCESS TO VOLUNTARY ASSISTED DYING

   9.      When person may access voluntary assisted dying
   10.     Eligibility
   11.     Decision-making capacity
   12.     Residency exemptions
   13.     Disability or mental illness

   PART 3 - REQUESTING ACCESS TO VOLUNTARY ASSISTED DYING AND ASSESSMENT OF ELIGIBILITY

           Division 1 - First request

   14.     Person may make first request to medical practitioner
   15.     No obligation to continue after making first request
   16.     Medical practitioner to accept or refuse first request
   17.     Medical practitioner to record first request and acceptance or refusal
   18.     Medical practitioner becomes coordinating practitioner if first request accepted

           Division 2 - First assessment

   19.     First assessment
   20.     Coordinating practitioner to have completed approved training
   21.     Referral for determination
   22.     Information to be provided if person assessed as eligible
   23.     Outcome of first assessment
   24.     Recording of outcome of first assessment
   25.     Referral for consulting assessment if person assessed as eligible

           Division 3 - Consulting assessment

   26.     Medical practitioner to accept or refuse referral for consulting assessment
   27.     Medical practitioner to record referral and acceptance or refusal
   28.     Medical practitioner to notify board of referral
   29.     Medical practitioner becomes consulting practitioner if referral accepted
   30.     Consulting assessment
   31.     Consulting practitioner to have completed approved training
   32.     Referral for determination
   33.     Information to be provided if person assessed as eligible
   34.     Outcome of consulting assessment
   35.     Recording of outcome of consulting assessment
   36.     Referral for further consulting assessment if person assessed as ineligible

           Division 4 - Second request

   37.     Person assessed as eligible may make second request
   38.     Eligibility to witness the signing of second request
   39.     Certification of witness to signing of second request
   40.     Coordinating practitioner to record second request
   41.     Coordinating practitioner to notify board of second request

           Division 5 - Final request and final review

   42.     Person may make final request to coordinating practitioner
   43.     When final request may be made
   44.     Coordinating practitioner to record final request
   45.     Coordinating practitioner to notify board of final request
   46.     Final review by coordinating practitioner on receiving final request

           Division 6 - Other provisions

   47.     Transfer of coordinating practitioner’s role
   48.     No obligation for person to continue after completion of request and assessment process

   PART 4 - ACCESSING VOLUNTARY ASSISTED DYING AND DEATH

           Division 1 - Administration of voluntary assisted dying substance

   49.     Application of division
   50.     Administration decision
   51.     Revocation of administration decision
   52.     Self-administration—authorisations
   53.     Practitioner administration—authorisations
   54.     Witness to administration of voluntary assisted dying substance
   55.     Certification by administering practitioner following administration of voluntary assisted dying substance
   56.     Transfer of administering practitioner’s role

           Division 2 - Contact person

   57.     Application of division
   58.     Contact person to be appointed
   59.     Contact person appointment form
   60.     Board to give information to contact person
   61.     Role of contact person in case of self-administration decision
   62.     Role of contact person in case of practitioner administration decision
   63.     Contact person to give voluntary assisted dying substance to authorised disposer
   64.     Contact person may refuse to continue in role

           Division 3 - Prescribing, supplying and disposing of voluntary assisted dying substance

   65.     Information to be given before prescribing voluntary assisted dying substance
   66.     Prescription for voluntary assisted dying substance
   67.     Other requirements for prescribing
   68.     Coordinating practitioner to notify board of administration decision and prescription of voluntary assisted dying substance
   69.     Authorised supplier to authenticate prescription
   70.     Information to be given when supplying voluntary assisted dying substance
   71.     Labelling requirements for voluntary assisted dying substance
   72.     Authorised supplier to record and notify of supply
   73.     Other requirements for supplying
   74.     Storage of voluntary assisted dying substance
   75.     Disposal of voluntary assisted dying substance
   76.     Authorised disposer to record and notify of disposal
   77.     Disposal of voluntary assisted dying substance by administering practitioner
   78.     Administering practitioner to record and notify of disposal
   79.     Other requirements for disposal

           Division 4 - Other provisions

   80.     Notification of death
   81.     Cause of death certificate

   PART 5 - ELIGIBILITY REQUIREMENTS FOR HEALTH PRACTITIONERS

   82.     Eligibility to act as coordinating practitioner or consulting practitioner
   83.     Eligibility to act as administering practitioner

   PART 6 - PARTICIPATION

           Division 1 - Conscientious objection

   84.     Registered health practitioner with conscientious objection
   85.     Speech pathologist with conscientious objection

           Division 2 - Participation by entities

              Subdivision 1 - Preliminary

   86.     Definitions for division
   87.     Meaning of relevant entity
   88.     Meaning of relevant service
   89.     Meaning of permanent resident

              Subdivision 2 - Information about voluntary assisted dying

   90.     Access to information about voluntary assisted dying

              Subdivision 3 - Access to voluntary assisted dying

   91.     Application of subdivision
   92.     First requests and final requests
   93.     Second requests
   94.     First assessments
   95.     Consulting assessments
   96.     Administration decisions
   97.     Administration of voluntary assisted dying substance

              Subdivision 4 - Information about non-availability of voluntary assisted dying

   98.     Relevant entities to inform public of non-availability of voluntary assisted dying

   PART 7 - REVIEW BY QCAT

           Division 1 - Preliminary

   99.     Reviewable decisions
   100.    Who is an eligible person
   101.    Relationship with QCAT Act

           Division 2 - Application and review

   102.    Right of review of particular decisions
   103.    Making an application
   104.    Effect of application
   105.    Decision of QCAT
   106.    Effect of decision

           Division 3 - Procedural provisions

   107.    Parties to proceeding
   108.    Notice of proceeding
   109.    Coordinating practitioner or consulting practitioner to assist QCAT
   110.    Notice of decision
   111.    Members constituting QCAT
   112.    Hearings must be held in private
   113.    Application taken to be withdrawn if person dies

           Division 4 - Other provisions

   114.    Coordinating practitioner must give copy of QCAT’s decision to board
   115.    Coordinating practitioner may refuse to continue in role

   PART 8 - VOLUNTARY ASSISTED DYING REVIEW BOARD

           Division 1 - Establishment, functions and powers

   116.    Establishment
   117.    Functions
   118.    Powers
   119.    Board must act independently and in public interest
   120.    Administrative support for board

           Division 2 - Membership

   121.    Members of board
   122.    Chairperson
   123.    Deputy chairperson
   124.    Appointment of members
   125.    Conditions of appointment
   126.    Term of appointment
   127.    Vacation of office

           Division 3 - Proceedings

   128.    Conduct of meetings
   129.    Minutes and other records
   130.    Quorum
   131.    Presiding at meetings
   132.    Committees
   133.    Disclosure of interests

           Division 4 - Reporting

   134.    Annual report
   135.    Report to Minister or chief executive on board’s functions
   136.    Reports not to include personal information

           Division 5 - Miscellaneous

   137.    Assistance to the board
   138.    Request for information by the board
   139.    Protection from liability for giving information

   PART 9 - OFFENCES

   140.    Unauthorised administration of voluntary assisted dying substance
   141.    Inducing a person to request, or revoke request for, voluntary assisted dying
   142.    Inducing self-administration of voluntary assisted dying substance
   143.    Giving board false or misleading information
   144.    Making false or misleading statement
   145.    Falsifying documents
   146.    Personal information not to be recorded or disclosed

   PART 10 - PROTECTION FROM LIABILITY

   147.    Protection for persons assisting access to voluntary assisted dying or present when substance administered
   148.    Protection for persons acting under Act
   149.    Protection for health practitioners and ambulance officers
   150.    Nothing affects disciplinary proceedings, complaints or referrals

   PART 11 - MISCELLANEOUS

   151.    Functions and powers of inspectors
   152.    Compliance with this Act relevant to professional conduct or performance
   153.    Protection from liability for members and persons helping board perform functions
   154.    Review of Act
   155.    Technical error not to invalidate processes
   156.    Official voluntary assisted dying care navigator service
   157.    Interpreters
   158.    Authorised suppliers
   159.    Authorised disposers
   160.    Voluntary assisted dying substance
   161.    Approved medical practitioner requirements
   162.    Approved nurse practitioner requirements
   163.    Approved nurse requirements
   164.    Approved information
   165.    Approved training
   166.    Approved forms
   167.    Regulation-making power
           SCHEDULE 1