South Australian Current Acts

VOLUNTARY ASSISTED DYING ACT 2021 - SECT 24

24—Administration of voluntary assisted dying substance

        (1)         This section applies if—

            (a)         an application for a voluntary assisted dying permit has been made in respect of the person and a permit issued; and

            (b)         the person or the person's agent advises the relevant entity that the person wishes to self administer a voluntary assisted dying substance or have the coordinating medical practitioner for the person administer a voluntary assisted dying substance to the person; and

            (c)         the relevant entity does not provide, to persons to whom relevant services are provided at the facility, access to the administration of a voluntary assisted dying substance at the facility.

        (2)         If the person is a permanent resident at the facility, the relevant entity and any other entity that owns or occupies the facility must—

            (a)         if a practitioner administration permit is issued in respect of the person—allow reasonable access to the person at the facility by the coordinating medical practitioner and any other person lawfully participating in the person's request for access to voluntary assisted dying for the person to make an administration request and for the coordinating medical practitioner to administer a voluntary assisted dying substance to the person; or

            (b)         if a self administration permit is issued in respect of the person—

                  (i)         allow reasonable access to the person at the facility by a person lawfully delivering a voluntary assisted dying substance to the person, and any other person lawfully participating in the person's request for access to voluntary assisted dying; and

                  (ii)         not otherwise hinder access by the person to a voluntary assisted dying substance.

        (3)         If the person is not a permanent resident at the facility—

            (a)         the relevant entity must take reasonable steps to facilitate the transfer of the person to a place where the person may be administered or may self administer a voluntary assisted dying substance; or

            (b)         if, in the opinion of the deciding practitioner, transfer of the person as described in paragraph (a) would not be reasonable in the circumstances, subsection (2) applies in relation to the person as if the person were a permanent resident at the facility.

        (4)         In making the decision under subsection (3)(b), the deciding practitioner must have regard to the following—

            (a)         whether the transfer would be likely to cause serious harm to the person;

            (b)         whether the transfer would be likely to adversely affect the person's access to voluntary assisted dying;

            (c)         whether the transfer would cause undue delay and prolonged suffering in accessing voluntary assisted dying;

            (d)         whether the place to which the person is proposed to be transferred is available to receive the person;

            (e)         whether the person would incur financial loss or costs because of the transfer.