South Australian Current Acts

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VOLUNTARY ASSISTED DYING ACT 2021 


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Meaning of decision making capacity
   5.      Voluntary assisted dying not palliative care
   6.      Voluntary assisted dying not suicide
   7.      Interpreters
   8.      Principles
   9.      When may a person access voluntary assisted dying
   10.     Conscientious objection of registered health practitioners
   11.     Conscientious objection of operators of certain health service establishments
   12.     Voluntary assisted dying must not be initiated by registered health practitioner
   13.     Chief Executive may approve training for medical practitioners
   14.     Delegations

   PART 2--Conscientious objection of operators of certain residential facilities

           Division 1--Preliminary

   15.     Interpretation
   16.     Meaning of permanent residents of certain facilities

           Division 2--Information about voluntary assisted dying

   17.     Access to information about voluntary assisted dying

           Division 3--Request and assessment process

   18.     Application of Division
   19.     First requests and final requests
   20.     First assessments
   21.     Consulting assessments
   22.     Written declarations
   23.     Application for voluntary assisted dying permit

           Division 4--Accessing voluntary assisted dying and death

   24.     Administration of voluntary assisted dying substance

           Division 5--Information about non-availability of voluntary assisted dying at certain facilities

   25.     Relevant entities to inform public of non-availability of voluntary assisted dying at facility

   PART 3--Criteria for access to voluntary assisted dying

   26.     Criteria for access to voluntary assisted dying

   PART 4--Requesting access to voluntary assisted dying and assessment of eligibility

           Division 1--Minimum requirements for coordinating medical practitioners and consulting medical practitioners

   27.     Minimum requirements for coordinating medical practitioners and consulting medical practitioners
   28.     Certain registered medical practitioners not eligible to act as coordinating medical practitioner etc for person

           Division 2--First request

   29.     Person may make first request to registered medical practitioner
   30.     No obligation to continue after making first request
   31.     Registered medical practitioner must accept or refuse first request
   32.     Registered medical practitioner who accepts first request must record first request and acceptance
   33.     Registered medical practitioner who accepts first request becomes coordinating medical practitioner

           Division 3--First assessment

   34.     Commencement of first assessment
   35.     Coordinating medical practitioner must not commence first assessment unless approved assessment training completed
   36.     Referral for specialist opinion
   37.     Information to be provided if coordinating medical practitioner assesses person as meeting eligibility criteria
   38.     Outcome of first assessment
   39.     Recording and notification of outcome of first assessment
   40.     Referral for consulting assessment if person assessed as eligible

           Division 4--Consulting assessment

   41.     Registered medical practitioner must accept or refuse referral for a consulting assessment
   42.     Registered medical practitioner who accepts referral becomes consulting medical practitioner
   43.     Commencement of consulting assessment
   44.     Consulting medical practitioner must not commence consulting assessment unless approved assessment training completed
   45.     Referral for specialist opinion
   46.     Information to be provided if consulting medical practitioner assesses person as meeting eligibility criteria
   47.     Outcome of consulting assessment
   48.     Recording and notification of outcome of consulting assessment
   49.     Coordinating medical practitioner may refer person assessed as ineligible for further consulting assessment
   50.     Coordinating medical practitioner may transfer role of coordinating medical practitioner
   51.     Process for transfer of coordinating medical practitioner role

           Division 5--Written declaration

   52.     Person assessed as eligible for access to voluntary assisted dying may make written declaration
   53.     Witness to making of written declaration
   54.     Certification of witness to signing of written declaration

           Division 6--Final request, contact person and final review by coordinating medical practitioner

   55.     Person may make final request
   56.     Final request to be made a certain time after first request and consulting assessment
   57.     Contact person
   58.     Formal requirements for appointment of contact person
   59.     Final review by coordinating medical practitioner on receipt of final request
   60.     Technical error not to invalidate request and assessment process
   61.     Coordinating medical practitioner may apply for voluntary assisted dying permit on certification of request and assessment process on final review
   62.     No obligation for person to continue after certification of request and assessment process on final review

   PART 5--Voluntary assisted dying permits

           Division 1--Authorisations under voluntary assisted dying permit

   63.     What is authorised by self administration permit
   64.     What is authorised by practitioner administration permit

           Division 2--Voluntary assisted dying permits

   65.     Application for self administration permit
   66.     Application for practitioner administration permit
   67.     Chief Executive to determine application for a voluntary assisted dying permit
   68.     Operation of voluntary assisted dying permit
   69.     Return of any dispensed voluntary assisted dying substance
   70.     Cancellation of self administration permit

           Division 3--Later physical incapacity of person to self administer voluntary assisted dying substance

   71.     Person may request coordinating medical practitioner apply for a practitioner administration permit
   72.     Destruction of unfilled prescription by coordinating medical practitioner
   73.     Coordinating medical practitioner may apply for a practitioner administration permit

   PART 6--Accessing voluntary assisted dying and death

           Division 1--Prescribing, dispensing or disposing of voluntary assisted dying substance

   74.     Information to be given on prescribing a voluntary assisted dying substance
   75.     Information to be given by pharmacist dispensing a prescribed voluntary assisted dying substance
   76.     Labeling requirements for voluntary assisted dying substance
   77.     Pharmacist to record and notify of voluntary assisted dying substance dispensed
   78.     Secure storage of voluntary assisted dying substance
   79.     Pharmacist at dispensing pharmacy to dispose of returned voluntary assisted dying substance
   80.     Pharmacist at dispensing pharmacy to record and notify of disposal of returned voluntary assisted dying substance

           Division 2--Administration request and administration of voluntary assisted dying substance

   81.     Person may make administration request
   82.     Witness to administration request and administration of voluntary assisted dying substance
   83.     Certification by coordinating medical practitioner following administration of voluntary assisted dying substance

           Division 3--Notification of cause of death

   84.     Notification of disease, illness or medical condition of person to the Registrar and Coroner

   PART 7--Review of decisions by South Australian Civil and Administrative Tribunal

   85.     Review of decisions by South Australian Civil and Administrative Tribunal
   86.     Notice requirements
   87.     No further action to be taken in relation to access to voluntary assisted dying if application to Tribunal in existence
   88.     Application to Tribunal for review taken to be withdrawn in certain circumstances
   89.     Coordinating medical practitioner or consulting medical practitioner may refuse to continue process

   PART 8--Notifications and protections from liability

           Division 1--Notifications to Australian Health Practitioner Regulation Agency

   90.     Mandatory notification by registered health practitioner
   91.     Mandatory notification by employer
   92.     Voluntary notification by persons
   93.     Protection from liability for persons making notifications

           Division 2--Protection from liability for those who assist, facilitate, do not act or act in accordance with this Act

   94.     Protection from criminal liability of person who assists or facilitates request for or access to voluntary assisted dying
   95.     No liability for registered health practitioner who acts in accordance with this Act
   96.     No liability for registered health practitioner or ambulance paramedic present after person administered voluntary assisted dying substance
   97.     Certain provisions of Criminal Law Consolidation Act 1935 not to apply

   PART 9--Offences

   98.     Offence not to comply with practitioner administration permit
   99.     Offence for person to administer voluntary assisted dying substance to another person--self administration permit
   100.    Offence to induce another person to request voluntary assisted dying
   101.    Offence to induce self administration of a voluntary assisted dying substance
   102.    Offence to falsify form or record
   103.    Offence to make a false statement
   104.    Offence for contact person to fail to return unused or remaining voluntary assisted dying substance after death of person who is the subject of a self administration permit
   105.    Offence to fail to give copies of forms to the Board
   106.    Criminal liability of officers of body corporate--failure to exercise due diligence

   PART 10--Voluntary Assisted Dying Review Board

           Division 1--Voluntary Assisted Dying Review Board

   107.    Establishment of Voluntary Assisted Dying Review Board
   108.    Terms and conditions of membership
   109.    Presiding member and deputy presiding member
   110.    Board's procedures
   111.    Committees
   112.    Use of staff etc of Public Service
   113.    Functions and powers of the Board
   114.    Delegation
   115.    Board may seek external advice

           Division 2--Request for information, referral of identifying information held by the Board and notifications

   116.    Request for information by the Board
   117.    Referral of identifying information to others
   118.    Board to notify registered medical practitioner, pharmacist or Chief Executive on receipt of certain forms
   119.    Board to provide information to the contact person after the notification of the person's death

           Division 3--Reports and statistical information

   120.    Annual report
   121.    Report of the Board on request of the Minister or Chief Executive
   122.    Board may provide other reports
   123.    Contents of reports
   124.    Board to record, retain and make public statistical information

   PART 11--Miscellaneous

   125.    Confidentiality
   126.    Victimisation
   127.    Service
   128.    Minister to report annually on palliative care spending
   129.    Review of Act
   130.    Regulations
           SCHEDULE 1--Related amendments and transitional provisions etc
           Legislative history

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