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This is a Bill, not an Act. For current law, see the Acts databases.
Voluntary Assisted Dying Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Meaning of decision-making capacity 10
5 Principles 11
6 When may a person access voluntary assisted dying? 13
7 Conscientious objection of registered health practitioners 13
8 Voluntary assisted dying must not be initiated by registered
health practitioner 14
Part 2--Criteria for access to voluntary assisted dying 15
9 Eligibility criteria for access to voluntary assisted dying 15
Part 3--Requesting access to voluntary assisted dying and
assessment of eligibility 17
Division 1--Minimum requirements for co-ordinating medical
practitioners and consulting medical practitioners 17
10 Minimum requirements for co-ordinating medical practitioners
and consulting medical practitioners 17
Division 2--First request 17
11 Person may make first request to registered medical
practitioner 17
12 No obligation to continue after making first request 18
13 Registered medical practitioner must accept or refuse first
request 18
14 Registered medical practitioner who accepts first request must
record first request and acceptance 19
15 Registered medical practitioner who accepts first request
becomes co-ordinating medical practitioner 19
Division 3--First assessment 19
16 Commencement of first assessment 19
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Clause Page
17 Co-ordinating medical practitioner must not commence first
assessment unless approved assessment training completed 20
18 Referral for specialist opinion 20
19 Information to be provided if co-ordinating medical
practitioner assesses person as meeting eligibility criteria 22
20 Outcome of first assessment 23
21 Recording and notification of outcome of first assessment 24
22 Referral for consulting assessment if person assessed as
eligible 24
Division 4--Consulting assessment 24
23 Registered medical practitioner must accept or refuse referral
for a consulting assessment 24
24 Registered medical practitioner who accepts referral becomes
consulting medical practitioner 26
25 Commencement of consulting assessment 26
26 Consulting medical practitioner must not commence
consulting assessment unless approved assessment training
completed 26
27 Referral for specialist opinion 26
28 Information to be provided if consulting medical practitioner
assesses person as meeting eligibility criteria 27
29 Outcome of consulting assessment 28
30 Recording and notification of outcome of consulting
assessment 29
31 Co-ordinating medical practitioner may refer person assessed
as ineligible for further consulting assessment 29
32 Co-ordinating medical practitioner may transfer role of
co-ordinating medical practitioner 30
33 Process for transfer of co-ordinating medical practitioner role 30
Division 5--Written declaration 31
34 Person assessed as eligible for access to voluntary assisted
dying may make written declaration 31
35 Witness to making of written declaration 32
36 Certification of witness to signing of written declaration 33
Division 6--Final request, contact person and final review by
co-ordinating medical practitioner 35
37 Person may make final request 35
38 Final request to be made a certain time after first request and
consulting assessment 35
39 Contact person 36
40 Formal requirements for appointment of contact person 36
41 Final review by co-ordinating medical practitioner on receipt
of final request 37
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Clause Page
42 Technical error not to invalidate request and assessment
process 38
43 Co-ordinating medical practitioner may apply for voluntary
assisted dying permit on certification of request and
assessment process on final review 38
44 No obligation for person to continue after certification of
request and assessment process on final review 38
Part 4--Voluntary assisted dying permits 39
Division 1--Authorisations under a voluntary assisted dying
permit 39
45 What is authorised by self-administration permit? 39
46 What is authorised by practitioner administration permit? 40
Division 2--Voluntary assisted dying permits 41
47 Application for self-administration permit 41
48 Application for practitioner administration permit 42
49 Secretary to determine application for a voluntary assisted
dying permit 44
50 Operation of voluntary assisted dying permit 45
51 Secretary may amend voluntary assisted dying permit 45
52 Cancellation of self-administration permit 45
Division 3--Later physical incapacity of person to self-administer
voluntary assisted dying substance 45
53 Person may request co-ordinating medical practitioner apply
for a practitioner administration permit 45
54 Destruction of unfilled prescription by co-ordinating medical
practitioner 46
55 Return of any dispensed voluntary assisted dying substance 46
56 Co-ordinating medical practitioner may apply for a
practitioner administration permit 46
Part 5--Accessing voluntary assisted dying and death 47
Division 1--Prescribing, dispensing or disposing of voluntary
assisted dying substance 47
57 Information to be given on prescribing a voluntary assisted
dying substance 47
58 Information to be given by pharmacist dispensing a prescribed
voluntary assisted dying substance 48
59 Labelling requirements for voluntary assisted dying substance 49
60 Pharmacist to record and notify of voluntary assisted dying
substance dispensed 49
61 Secure storage of voluntary assisted dying substance 50
62 Pharmacist at dispensing pharmacy to dispose of returned
voluntary assisted dying substance 50
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Clause Page
63 Pharmacist at dispensing pharmacy to record and notify of
disposal of returned voluntary assisted dying substance 50
Division 2--Administration request and administration of
voluntary assisted dying substance 51
64 Person may make administration request 51
65 Witness to administration request and administration of
voluntary assisted dying substance 52
66 Certification by co-ordinating medical practitioner following
administration of voluntary assisted dying substance 53
Division 3--Notification of cause of death 54
67 Notification of disease, illness or medical condition of person
to the Registrar and Coroner 54
Part 6--Review by VCAT 56
68 Application for review of certain decisions by VCAT 56
69 Notice requirements 57
70 No further action to be taken in relation to access to voluntary
assisted dying if application to VCAT in existence 58
71 Application to VCAT for review taken to be withdrawn in
certain circumstances 58
72 Power of VCAT to make determinations 59
73 Co-ordinating medical practitioner or consulting medical
practitioner may refuse to continue process 59
74 Interim and temporary orders 60
Part 7--Notifications and protections from liability 61
Division 1--Notifications to Australian Health Practitioner
Regulation Agency 61
75 Mandatory notification by registered health practitioner 61
76 Mandatory notification by employer 62
77 Voluntary notification by persons 62
78 Protection from liability for persons making notifications 63
Division 2--Protection from liability for those who assist, facilitate,
do not act or act in accordance with this Act 64
79 Protection from criminal liability of person who assists or
facilitates request for or access to voluntary assisted dying 64
80 No liability for registered health practitioner who acts in
accordance with this Act 64
81 No liability for registered health practitioner or ambulance
paramedic present after person administered voluntary assisted
dying substance 65
82 Section 463B of the Crimes Act 1958 does not apply 66
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Clause Page
Part 8--Offences 67
83 Offence not to comply with practitioner administration permit 67
84 Offence for person to administer voluntary assisted dying
substance to another person--self-administration permit 67
85 Offence to induce another person to request voluntary assisted
dying 68
86 Offence to induce self-administration of a voluntary assisted
dying substance 68
87 Offence to falsify form or record 69
88 Offence to make a false statement 69
89 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 70
90 Offence to fail to give copies of forms to the Board 71
91 Criminal liability of officers of body corporate--failure to
exercise due diligence 71
Part 9--Voluntary Assisted Dying Review Board 74
Division 1--Establishment 74
92 Establishment of Voluntary Assisted Dying Review Board 74
Division 2--Functions and powers 74
93 Functions and powers of the Board 74
Division 3--Membership and procedure 76
94 Membership of the Board 76
95 Appointment of member of the Board 76
96 Terms and conditions of appointment of member 76
97 Resignation and removal 77
98 Chairperson and Deputy Chairperson 77
99 Payment of members of the Board 78
100 Assistance to the Board 78
101 Procedures of the Board 78
102 Subcommittees 79
Division 4--Request for information, referral of identifying
information held by the Board and notifications 79
103 Request for information by the Board 79
104 Referral of identifying information to others 79
105 Board to notify registered medical practitioner, pharmacist or
Secretary on receipt of certain forms 80
106 Board to provide information to the contact person after the
notification of the person's death 80
Division 5--Reports 81
107 Annual reports 81
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Clause Page
108 Giving an annual report to Parliament 81
109 Report of the Board on request of the Minister or Secretary 82
110 Reports of the Board for every 6 month period 82
111 Contents of reports 83
112 Repeal of reports of the Board for every 6 month period and
consequential amendment 83
Part 10--General 84
113 Delegation by Secretary 84
114 Secretary may approve training for medical practitioners 84
115 Interpreters 84
116 Five year review 85
117 Board to record, retain and make public statistical information 85
118 Regulations 86
Part 11--Consequential amendments 88
Division 1--Amendment of the Births, Deaths and Marriages
Registration Act 1996 88
119 Registration 88
120 New section 40A inserted 89
Division 2--Amendment of the Coroners Act 2008 89
121 Reportable death 89
Division 3--Amendment of the Drugs, Poisons and Controlled
Substances Act 1981 90
122 Definitions 90
123 Act not to derogate from provisions of certain other Acts 90
124 Persons authorized to have possession etc. of poisons or
controlled substances 90
125 Effect of this Division 91
126 Administration of drugs of dependence, Schedule 9 poisons,
Schedule 8 poisons and Schedule 4 poisons in aged care
services 92
127 Inspections 92
128 Trafficking in a drug or drugs of dependence--large
commercial quantity 93
129 Trafficking in a drug or drugs of dependence--commercial
quantity 93
130 Trafficking in a drug of dependence 93
131 Possession of substance, material, documents or equipment for
trafficking in a drug of dependence 94
132 Permitting use of premises for trafficking or cultivation of
drug of dependence 94
133 Possession of a drug of dependence 94
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Clause Page
134 Introduction of a drug of dependence into the body of another
person 95
135 Use of drug of dependence 95
136 Obtaining drugs of dependence etc. by false representation 95
137 List of licences and permits 96
138 Regulations 96
Division 4--Amendment of the Health Records Act 2001 97
139 Definitions 97
Division 5--Amendment of the Medical Treatment Planning and
Decisions Act 2016 97
140 New section 8A inserted 97
Division 6--Amendment of the Pharmacy Regulation Act 2010 98
141 Definitions 98
142 Disclosure of information to other agencies 98
Division 7--Repeal of amending Part 99
143 Repeal of amending Part 99
Schedule 1--Forms 100
═══════════════
Endnotes 130
1 General information 130
vii
Voluntary Assisted Dying Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to provide for and regulate access to
voluntary assisted dying; and
(b) to establish the Voluntary Assisted Dying
Review Board; and
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Voluntary Assisted Dying Act 2017
No. of 2017
Part 1--Preliminary
(c) to make consequential amendments
to the Births, Deaths and Marriages
Registration Act 1996, the Coroners
Act 2008, the Drugs, Poisons and
Controlled Substances Act 1981 and
other Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 19 June 2019, it comes into
operation on that day.
3 Definitions
(1) In this Act--
administration request means a request made
under section 64 for the administration of a
voluntary assisted dying substance;
approved assessment training means training
approved by the Secretary under section 114;
Australian Health Practitioner Regulation
Agency means the Australian Health
Practitioner Regulation Agency established
by section 23 of the Health Practitioner
Regulation National Law;
Board means the Voluntary Assisted Dying
Review Board established under section 92;
Chief Commissioner of Police has the same
meaning as Chief Commissioner has in the
Victoria Police Act 2013;
consulting assessment means an assessment
of a person conducted in accordance with
Division 4 of Part 3 by a consulting medical
practitioner for the person;
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consulting assessment report form means a
form in the form of Form 2 in Schedule 1
completed under section 30;
consulting medical practitioner for a person
means a registered medical practitioner who
accepts a referral to conduct a consulting
assessment of the person;
contact person means a person appointed under
section 39;
contact person appointment form means a
form in the form of Form 4 in Schedule 1
completed under section 40;
co-ordinating medical practitioner for a person
means a person who is--
(a) a registered medical practitioner who
accepts the person's first request; or
(b) a consulting medical practitioner for
the person who accepts a transfer of
the role of co-ordinating medical
practitioner under section 33;
co-ordinating medical practitioner
administration form means a form in the
form of Form 8 in Schedule 1 completed
by a witness under section 65 and a
co-ordinating medical practitioner under
section 66;
decision-making capacity has the meaning set out
in section 4;
de-identified, in relation to personal information
or health information, means personal
information or health information that no
longer relates to an identifiable individual
or an individual who can be reasonably
identified;
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dispensing pharmacy means the pharmacy,
pharmacy business or pharmacy department
from which a pharmacist sold or supplied a
voluntary assisted dying substance;
domestic partner of a person means--
(a) a person who is in a registered
relationship with the person; or
(b) an adult person to whom the person is
not married but with whom the person
is in a relationship as a couple where
one or each of them provides personal
or financial commitment and support
of a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are
living under the same roof, but does not
include a person who provides domestic
support and personal care to the person--
(i) for fee or reward; or
(ii) on behalf of another person
or an organisation (including a
government, a government
agency, a body corporate or a
charitable or benevolent
organisation);
drug of dependence has the same meaning
as in section 4 of the Drugs, Poisons and
Controlled Substances Act 1981;
eligibility criteria means the criteria set out in
section 9;
family member of a person means the person's
spouse or domestic partner, parent, sibling,
child or grandchild;
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final request means a request for access to
voluntary assisted dying made under
section 37 by a person to the co-ordinating
medical practitioner for the person;
final review means a review conducted under
section 41 by the co-ordinating medical
practitioner for the person;
final review form means a form in the form of
Form 5 in Schedule 1 completed under
section 41;
first assessment means an assessment of a
person conducted in accordance with
Division 3 of Part 3 by the co-ordinating
medical practitioner for the person;
first assessment report form means a form in
the form of Form 1 in Schedule 1 completed
under section 21;
first request means a request for access to
voluntary assisted dying made under
section 11 by a person to a registered
medical practitioner;
health facility has the same meaning as in
the Medical Treatment Planning and
Decisions Act 2016;
health information has the same meaning as in
the Health Records Act 2001;
health service has the same meaning as in the
Health Complaints Act 2016;
identifying information means health information
or personal information about a person
whose identity is apparent, or can reasonably
be ascertained, from that information;
ineligible witness has the meaning given by
section 35(2);
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labelling statement means a statement attached to
a container as required by section 59(1);
mental illness has the same meaning as in the
Mental Health Act 2014;
palliative care has the same meaning as in
the Medical Treatment Planning and
Decisions Act 2016;
personal information has the same meaning as in
the Privacy and Data Protection Act 2014;
pharmacist means a person registered under
the Health Practitioner Regulation National
Law to practise in the pharmacy profession
(other than as a student);
pharmacy has the same meaning as in the
Pharmacy Regulation Act 2010;
pharmacy business has the same meaning as in
the Pharmacy Regulation Act 2010;
pharmacy department has the same meaning as
in the Pharmacy Regulation Act 2010;
poison or controlled substance has the same
meaning as in section 4 of the Drugs,
Poisons and Controlled Substances
Act 1981;
Poisons Code has the same meaning as in
section 4 of the Drugs, Poisons and
Controlled Substances Act 1981;
practitioner administration permit means a
permit issued under section 49(2)(a)(ii);
professional care services means any of the
following provided to another person under
a contract of employment or a contract for
services--
(a) support or assistance;
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(b) special or personal care;
(c) a disability service within the meaning
of the Disability Act 2006;
psychiatrist means a person who is registered
under the Health Practitioner Regulation
National Law as a medical practitioner in
the speciality of psychiatry (other than as
a student);
registered health practitioner means a person
registered under the Health Practitioner
Regulation National Law to practise a
health profession (other than as a student);
Registrar has the same meaning as in the Births,
Deaths and Marriages Registration
Act 1996;
request and assessment process means, in respect
of a person, the making or the conducting of
the following under Part 3--
(a) a first request;
(b) a first assessment;
(c) a consulting assessment;
(d) a written declaration;
(e) a final request;
(f) a contact person appointment;
(g) a final review;
Secretary means the Department Head (within the
meaning of the Public Administration
Act 2004) of the Department of Health and
Human Services;
self-administration permit means a permit issued
under section 49(2)(a)(i);
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special or personal care means--
(a) assistance with one or more of the
following--
(i) bathing, showering or personal
hygiene;
(ii) toileting;
(iii) dressing or undressing;
(iv) meals; or
(b) assistance for persons with mobility
problems; or
(c) assistance for persons who are mobile
but require some form of supervision or
assistance; or
(d) assistance or supervision in
administering medicine; or
(e) the provision of substantial emotional
support;
spouse of a person means a person to whom the
person is married;
supply has the same meaning as in section 4 of the
Drugs, Poisons and Controlled Substances
Act 1981;
vocationally registered general practitioner has
the same meaning as in the Health Insurance
Act 1973 of the Commonwealth;
voluntary assisted dying means the administration
of a voluntary assisted dying substance and
includes steps reasonably related to such
administration;
voluntary assisted dying permit means--
(a) a self-administration permit; or
(b) a practitioner administration permit;
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voluntary assisted dying substance means a
poison or controlled substance or a drug of
dependence specified in a voluntary assisted
dying permit for the purpose of causing a
person's death;
voluntary assisted dying substance dispensing
form means a form in the form of Form 6 in
Schedule 1 completed by a pharmacist under
section 60;
voluntary assisted dying substance disposal
form means a form in the form of Form 7
in Schedule 1 completed by a pharmacist
under section 63;
written declaration means a declaration made
under section 34 in the form of Form 3 in
Schedule 1.
(2) For the purposes of the definition of domestic
partner in subsection (1)--
(a) registered relationship has the same
meaning as it has in the Relationships
Act 2008; and
(b) in determining whether persons who are
not in a registered relationship are domestic
partners of each other, all the circumstances
of the relationship are to be taken into
account, including any one or more of the
matters referred to in section 35(2) of the
Relationships Act 2008 as may be relevant
in a particular case; and
(c) a person is not a domestic partner of another
person merely because they are co-tenants.
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Part 1--Preliminary
4 Meaning of decision-making capacity
(1) A person has decision-making capacity in relation
to voluntary assisted dying if the person is able
to--
(a) understand the information relevant to the
decision relating to access to voluntary
assisted dying and the effect of the decision;
and
(b) retain that information to the extent
necessary to make the decision; and
(c) use or weigh that information as part of the
process of making the decision; and
(d) communicate the decision and the person's
views and needs as to the decision in some
way, including by speech, gestures or other
means.
(2) For the purposes of subsection (1), a person is
presumed to have decision-making capacity unless
there is evidence to the contrary.
(3) For the purposes of subsection (1)(a), a person
is taken to understand information relevant to a
decision if the person understands an explanation
of the information given to the person in a way
that is appropriate to the person's circumstances,
whether by using modified language, visual aids
or any other means.
(4) In determining whether or not a person has
decision-making capacity, regard must be had
to the following--
(a) a person may have decision-making capacity
to make some decisions and not others;
(b) if a person does not have decision-making
capacity to make a particular decision, it may
be temporary and not permanent;
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Voluntary Assisted Dying Act 2017
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Part 1--Preliminary
(c) it should not be assumed that a person does
not have decision-making capacity to make a
decision--
(i) on the basis of the person's appearance;
or
(ii) because the person makes a decision
that is, in the opinion of others, unwise;
(d) a person has decision-making capacity to
make a decision if it is possible for the
person to make a decision with practicable
and appropriate support.
Examples
Practicable and appropriate support includes the
following--
(a) using information or formats tailored to the
particular needs of a person;
(b) communicating or assisting a person to
communicate the person's decision;
(c) giving a person additional time and
discussing the matter with the person;
(d) using technology that alleviates the effects
of a person's disability.
(5) A person who is assessing whether a person has
decision-making capacity for the purposes of this
Act must take reasonable steps to conduct the
assessment at a time and in an environment in
which the person's decision-making capacity can
be most accurately assessed.
5 Principles
(1) A person exercising a power or performing a
function or duty under this Act must have regard
to the following principles--
(a) every human life has equal value;
(b) a person's autonomy should be respected;
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Part 1--Preliminary
(c) a person has the right to be supported in
making informed decisions about the
person's medical treatment, and should be
given, in a manner the person understands,
information about medical treatment options
including comfort and palliative care;
(d) every person approaching the end of life
should be provided with quality care to
minimise the person's suffering and
maximise the person's quality of life;
(e) a therapeutic relationship between a person
and the person's health practitioner should,
wherever possible, be supported and
maintained;
(f) individuals should be encouraged to openly
discuss death and dying and an individual's
preferences and values should be encouraged
and promoted;
(g) individuals should be supported in
conversations with the individual's health
practitioners, family and carers and
community about treatment and care
preferences;
(h) individuals are entitled to genuine choices
regarding their treatment and care;
(i) there is a need to protect individuals who
may be subject to abuse;
(j) all persons, including health practitioners,
have the right to be shown respect for their
culture, beliefs, values and personal
characteristics.
(2) In subsection (1), the reference to a person
exercising a power or performing a function
or duty under this Act includes VCAT.
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6 When may a person access voluntary assisted
dying?
A person may access voluntary assisted dying if--
(a) the person has made a first request; and
(b) the person has been assessed as eligible for
access to voluntary assisted dying by--
(i) the co-ordinating medical practitioner
for the person; and
(ii) a consulting medical practitioner for the
person; and
(c) the person has made a written declaration;
and
(d) the person has made a final request to the
co-ordinating medical practitioner; and
(e) the person has appointed a contact person;
and
(f) the co-ordinating medical practitioner has
certified in a final review form that the
request and assessment process has been
completed as required by this Act; and
(g) the person is the subject of a voluntary
assisted dying permit.
7 Conscientious objection of registered health
practitioners
A registered health practitioner who has a
conscientious objection to voluntary assisted
dying has the right to refuse to do any of the
following--
(a) to provide information about voluntary
assisted dying;
(b) to participate in the request and assessment
process;
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Part 1--Preliminary
(c) to apply for a voluntary assisted dying
permit;
(d) to supply, prescribe or administer a voluntary
assisted dying substance;
(e) to be present at the time of administration of
a voluntary assisted dying substance;
(f) to dispense a prescription for a voluntary
assisted dying substance.
8 Voluntary assisted dying must not be initiated by
registered health practitioner
(1) A registered health practitioner who provides
health services or professional care services to a
person must not, in the course of providing those
services to the person--
(a) initiate discussion with that person that is in
substance about voluntary assisted dying; or
(b) in substance, suggest voluntary assisted
dying to that person.
(2) Nothing in subsection (1) prevents a registered
health practitioner providing information about
voluntary assisted dying to a person at that
person's request.
(3) A contravention of subsection (1) is to be
regarded as unprofessional conduct within the
meaning and for the purposes of the Health
Practitioner Regulation National Law.
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Part 2--Criteria for access to voluntary assisted dying
Part 2--Criteria for access to voluntary
assisted dying
9 Eligibility criteria for access to voluntary assisted
dying
(1) For a person to be eligible for access to voluntary
assisted dying--
(a) the person must be aged 18 years or more;
and
(b) the person must--
(i) be an Australian citizen or permanent
resident; and
(ii) be ordinarily resident in Victoria; and
(iii) at the time of making a first request,
have been ordinarily resident in
Victoria for at least 12 months; and
(c) the person must have decision-making
capacity in relation to voluntary assisted
dying; and
(d) the person must be diagnosed with a disease,
illness or medical condition that--
(i) is incurable; and
(ii) is advanced, progressive and will cause
death; and
(iii) is expected to cause death within weeks
or months, not exceeding 6 months; and
(iv) is causing suffering to the person that
cannot be relieved in a manner that the
person considers tolerable.
(2) A person is not eligible for access to voluntary
assisted dying only because the person is
diagnosed with a mental illness, within the
meaning of the Mental Health Act 2014.
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Part 2--Criteria for access to voluntary assisted dying
(3) A person is not eligible for access to voluntary
assisted dying only because the person has a
disability, within the meaning of section 3(1)
of the Disability Act 2006.
(4) Despite subsection (1)(d)(iii), if the person is
diagnosed with a disease, illness or medical
condition that is neurodegenerative, that disease,
illness or medical condition must be expected to
cause death within weeks or months, not
exceeding 12 months.
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Part 3--Requesting access to voluntary
assisted dying and assessment of eligibility
Part 3--Requesting access to voluntary
assisted dying and assessment of eligibility
Division 1--Minimum requirements for
co-ordinating medical practitioners and
consulting medical practitioners
10 Minimum requirements for co-ordinating medical
practitioners and consulting medical practitioners
(1) Each co-ordinating medical practitioner and
consulting medical practitioner must--
(a) hold a fellowship with a specialist medical
college; or
(b) be a vocationally registered general
practitioner.
(2) Either the co-ordinating medical practitioner or
each consulting medical practitioner must have
practised as a registered medical practitioner for
at least 5 years after completing a fellowship
with a specialist medical college or vocational
registration (as the case requires).
(3) Either the co-ordinating medical practitioner or
each consulting medical practitioner must have
relevant expertise and experience in the disease,
illness or medical condition expected to cause the
death of the person being assessed.
Division 2--First request
11 Person may make first request to registered medical
practitioner
(1) A person may make a request to a registered
medical practitioner for access to voluntary
assisted dying.
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Part 3--Requesting access to voluntary
assisted dying and assessment of eligibility
(2) A request for access to voluntary assisted dying
must be--
(a) clear and unambiguous; and
(b) made by the person personally.
(3) The person may make the request verbally or
by gestures or other means of communication
available to the person.
12 No obligation to continue after making first request
(1) A person who has made a first request may
decide at any time not to continue the request
and assessment process.
(2) The request and assessment process ends if a
person decides not to continue the request and
assessment process.
(3) If the request and assessment process has ended
under subsection (2), the person may commence a
fresh request and assessment process by making a
new first request.
13 Registered medical practitioner must accept or
refuse first request
(1) Within 7 days after receiving a first request
from a person, the registered medical practitioner
to whom the request was made must inform the
person that the practitioner--
(a) accepts the first request; or
(b) refuses the first request because the
practitioner--
(i) has a conscientious objection to
voluntary assisted dying; or
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(ii) believes that the practitioner will
not be able to perform the duties of
co-ordinating medical practitioner due
to unavailability; or
(iii) is required under subsection (2) to
refuse the first request.
(2) The registered medical practitioner must not
accept the first request unless the practitioner--
(a) holds a fellowship with a specialist medical
college; or
(b) is a vocationally registered general
practitioner.
14 Registered medical practitioner who accepts first
request must record first request and acceptance
If the registered medical practitioner accepts the
person's first request, the practitioner must--
(a) record the practitioner's decision to accept
the first request in the person's medical
record; and
(b) record the first request in the person's
medical record.
15 Registered medical practitioner who accepts first
request becomes co-ordinating medical practitioner
On acceptance of a person's first request, the
registered medical practitioner to whom the
request was made becomes the co-ordinating
medical practitioner for the person.
Division 3--First assessment
16 Commencement of first assessment
After becoming the co-ordinating medical
practitioner for a person, the co-ordinating
medical practitioner must assess whether the
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person requesting access to voluntary assisted
dying meets the eligibility criteria.
Note
The person must meet all eligibility criteria to be assessed
as eligible for access to voluntary assisted dying--see
section 20(1)(a).
17 Co-ordinating medical practitioner must not
commence first assessment unless approved
assessment training completed
The co-ordinating medical practitioner must
not commence the first assessment unless the
practitioner has completed approved assessment
training.
18 Referral for specialist opinion
(1) If the co-ordinating medical practitioner is
unable to determine whether the person has
decision-making capacity in relation to voluntary
assisted dying as required by the eligibility
criteria, for example, due to a past or current
mental illness of the person, the co-ordinating
medical practitioner must refer the person to a
registered health practitioner who has appropriate
skills and training, such as a psychiatrist in the
case of mental illness.
(2) If the co-ordinating medical practitioner is unable
to determine whether the person's disease, illness
or medical condition meets the requirements of
the eligibility criteria, the co-ordinating medical
practitioner must refer the person to a specialist
registered medical practitioner who has
appropriate skills and training in that disease,
illness or medical condition.
(3) If the co-ordinating medical practitioner refers the
person to--
(a) a registered health practitioner under
subsection (1); or
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(b) a specialist registered medical practitioner
under subsection (2)--
the co-ordinating medical practitioner may
adopt the determination of the registered health
practitioner or specialist registered medical
practitioner (as the case requires) in relation to the
matter in respect of which the person was referred.
(4) If the co-ordinating medical practitioner is able to
determine that the person has a disease, illness or
medical condition that is neurodegenerative in
accordance with section 9(4) that--
(a) will cause death; and
(b) is expected to cause death between 6 and
12 months--
the co-ordinating medical practitioner must
refer the person to a specialist registered
medical practitioner who has appropriate skills
and training in that particular disease, illness or
medical condition that is neurodegenerative,
whether or not the co-ordinating medical
practitioner had also made a referral under
subsection (2).
(5) The specialist registered medical practitioner
referred to in subsection (4) must--
(a) determine whether the person has a disease,
illness or medical condition that is
neurodegenerative that--
(i) will cause death; and
(ii) is expected to cause death between
6 and 12 months; and
(b) provide a clinical report to the co-ordinating
medical practitioner that sets out the
specialist registered medical practitioner's
determination.
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(6) If the co-ordinating medical practitioner
refers the person to a specialist registered
medical practitioner under subsection (4), the
co-ordinating medical practitioner must adopt
the determination of the specialist registered
medical practitioner in respect of the matter in
relation to which the person was referred.
19 Information to be provided if co-ordinating medical
practitioner assesses person as meeting eligibility
criteria
(1) If the co-ordinating medical practitioner is
satisfied that the person requesting access to
voluntary assisted dying meets all the eligibility
criteria, the co-ordinating medical practitioner
must inform the person about the following
matters--
(a) the person's diagnosis and prognosis;
(b) the treatment options available to the person
and the likely outcomes of that treatment;
(c) palliative care options available to the person
and the likely outcomes of that care;
(d) the potential risks of taking a poison or
controlled substance or a drug of dependence
likely to be prescribed under this Act for the
purposes of causing the person's death;
(e) that the expected outcome of taking a
poison or controlled substance or a drug of
dependence referred to in paragraph (d) is
death;
(f) that the person may decide at any time not to
continue the request and assessment process;
(g) that if the person is receiving ongoing health
services from a registered medical
practitioner other than the co-ordinating
medical practitioner, the person is
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encouraged to inform the registered medical
practitioner of the person's request to access
voluntary assisted dying.
(2) In addition to the matters of which the
co-ordinating medical practitioner must inform
the person under subsection (1), the co-ordinating
medical practitioner must, if the person consents,
take all reasonable steps to fully explain to a
member of the family of the person--
(a) all relevant clinical guidelines; and
(b) a plan in respect of the self-administration
of a voluntary assisted dying substance for
the purpose of causing death.
(3) Nothing in this section affects any duty a
registered medical practitioner has at common
law or under any other enactment.
20 Outcome of first assessment
(1) The co-ordinating medical practitioner must
assess the person as eligible for access to
voluntary assisted dying if the co-ordinating
medical practitioner is satisfied that--
(a) the person meets all the eligibility criteria for
access to voluntary assisted dying; and
(b) the person understands the information
required to be provided under section 19(1);
and
(c) the person is acting voluntarily and without
coercion; and
(d) the person's request for access to voluntary
assisted dying is enduring.
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(2) If the co-ordinating medical practitioner is not
satisfied as to any matter in subsection (1)--
(a) the person requesting access to voluntary
assisted dying is ineligible for access to
voluntary assisted dying; and
(b) the request and assessment process ends.
21 Recording and notification of outcome of first
assessment
(1) The co-ordinating medical practitioner must notify
the person requesting access to voluntary assisted
dying of the outcome of the first assessment.
(2) Within 7 days after completing the first
assessment, the co-ordinating medical practitioner
must complete the first assessment report form
and give a copy of that form to the Board.
22 Referral for consulting assessment if person assessed
as eligible
If the co-ordinating medical practitioner for the
person assesses the person as eligible for access
to voluntary assisted dying, the co-ordinating
medical practitioner must refer the person to
another registered medical practitioner for a
consulting assessment.
Division 4--Consulting assessment
23 Registered medical practitioner must accept or
refuse referral for a consulting assessment
(1) Within 7 days after a registered medical
practitioner receives a referral for a consulting
assessment of a person from the co-ordinating
medical practitioner for the person under
section 22, 31, 33(3)(a) or 73(4), the registered
medical practitioner must inform the person and
the co-ordinating medical practitioner that the
practitioner--
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(a) accepts the referral; or
(b) refuses the referral because the
practitioner--
(i) has a conscientious objection to
voluntary assisted dying; or
(ii) believes that the practitioner will
not be able to perform the duties of
consulting medical practitioner due
to unavailability; or
(iii) is required under subsection (2), (3)
or (4) to refuse the referral.
(2) The registered medical practitioner must not
accept the referral unless the practitioner--
(a) holds a fellowship with a specialist medical
college; or
(b) is a vocationally registered general
practitioner.
(3) Subject to subsection (5), the registered
medical practitioner must refuse the referral if
the practitioner has not practised as a medical
practitioner for at least 5 years after completing a
fellowship with a specialist medical college or
vocational registration (as the case requires).
(4) Subject to subsection (6), the registered
medical practitioner must refuse the referral if
the practitioner does not have relevant expertise
and experience in the disease, illness or medical
condition expected to cause the person's death.
(5) Subsection (3) does not apply if the co-ordinating
medical practitioner has practised as a medical
practitioner for at least 5 years after completing a
fellowship with a specialist medical college or
vocational registration (as the case requires).
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(6) Subsection (4) does not apply if the co-ordinating
medical practitioner has relevant expertise and
experience in the disease, illness or medical
condition expected to cause the person's death.
24 Registered medical practitioner who accepts
referral becomes consulting medical practitioner
On acceptance of a referral for a consulting
assessment of a person, the registered medical
practitioner to whom the referral was made
becomes a consulting medical practitioner for
the person.
25 Commencement of consulting assessment
The consulting medical practitioner for a person
must assess whether the person requesting access
to voluntary assisted dying meets the eligibility
criteria.
Note
The person must meet all eligibility criteria to be assessed
as eligible for access to voluntary assisted dying--see
section 29(1)(a).
26 Consulting medical practitioner must not commence
consulting assessment unless approved assessment
training completed
The consulting medical practitioner must not
commence a consulting assessment unless the
practitioner has completed approved assessment
training.
27 Referral for specialist opinion
(1) If the consulting medical practitioner is
unable to determine whether the person has
decision-making capacity in relation to voluntary
assisted dying as required by the eligibility
criteria,, for example, due to a past or current
mental illness of the person, the consulting
medical practitioner must refer the person to a
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registered health practitioner who has appropriate
skills and training, such as a psychiatrist in the
case of mental illness.
(2) If the consulting medical practitioner is unable
to determine whether the person's disease, illness
or medical condition meets the requirements of
the eligibility criteria, the consulting medical
practitioner must refer the person to a specialist
registered medical practitioner who has
appropriate skills and training in that disease,
illness or medical condition.
(3) If the consulting medical practitioner refers the
person to--
(a) a registered health practitioner under
subsection (1); or
(b) a specialist registered medical practitioner
under subsection (2)--
the consulting medical practitioner may adopt the
determination of the registered health practitioner
or specialist registered medical practitioner (as the
case requires) in relation to the matter in respect
of which the person was referred.
28 Information to be provided if consulting medical
practitioner assesses person as meeting eligibility
criteria
(1) If the consulting medical practitioner is satisfied
that the person requesting access to voluntary
assisted dying meets all the eligibility criteria, the
consulting medical practitioner must inform the
person about the following matters--
(a) the person's diagnosis and prognosis;
(b) the treatment options available to the person
and the likely outcomes of that treatment;
(c) palliative care options available to the person
and the likely outcomes of that care;
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(d) the potential risks of taking a poison or
controlled substance or a drug of dependence
likely to be prescribed under this Act for the
purposes of causing the person's death;
(e) that the expected outcome of taking a
poison or controlled substance or a drug of
dependence referred to in paragraph (d) is
death;
(f) that the person may decide at any time not to
continue the request and assessment process;
(g) that if the person is receiving ongoing
health services from a registered medical
practitioner other than the co-ordinating
medical practitioner, the person is
encouraged to inform the registered
medical practitioner of the person's
request to access voluntary assisted dying.
(2) Nothing in this section affects any duty a
registered medical practitioner has at common
law or under any other enactment.
29 Outcome of consulting assessment
(1) The consulting medical practitioner must
assess the person as eligible for access to
voluntary assisted dying if the consulting
medical practitioner is satisfied that--
(a) the person meets all the eligibility criteria
for access to voluntary assisted dying; and
(b) the person understands the information
required to be provided under section 28(1);
and
(c) the person is acting voluntarily and without
coercion; and
(d) the person's request for access to voluntary
assisted dying is enduring.
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(2) If the consulting medical practitioner is not
satisfied as to any matter in subsection (1), the
consulting medical practitioner must assess the
person requesting access to voluntary assisted
dying as ineligible for access to voluntary assisted
dying.
30 Recording and notification of outcome of consulting
assessment
(1) The consulting medical practitioner must--
(a) notify the person requesting access to
voluntary assisted dying of the outcome
of the consulting assessment; and
(b) complete the consulting assessment report
form and give a copy of it to--
(i) the Board; and
(ii) the co-ordinating medical practitioner
for the person.
(2) The consulting medical practitioner must give the
copy of the consulting assessment report form to
the Board within 7 days after completing the
consulting assessment.
31 Co-ordinating medical practitioner may refer
person assessed as ineligible for further consulting
assessment
If a consulting medical practitioner assesses a
person requesting access to voluntary assisted
dying as ineligible for access to voluntary assisted
dying, the co-ordinating medical practitioner for
the person may refer the person to another
registered medical practitioner for a further
consulting assessment.
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32 Co-ordinating medical practitioner may transfer
role of co-ordinating medical practitioner
The co-ordinating medical practitioner for a
person may transfer the role of co-ordinating
medical practitioner in accordance with
section 33--
(a) at the request of the person; or
(b) at the co-ordinating medical practitioner's
own initiative.
33 Process for transfer of co-ordinating medical
practitioner role
(1) The co-ordinating medical practitioner for a
person may transfer the role of co-ordinating
medical practitioner to a consulting medical
practitioner for the person if--
(a) the consulting medical practitioner has
assessed the person as eligible for access
to voluntary assisted dying; and
(b) the consulting medical practitioner accepts
the transfer of the role.
(2) Within 7 days after being requested by the
co-ordinating medical practitioner to accept a
transfer under subsection (1), the consulting
medical practitioner must inform the co-ordinating
medical practitioner whether the consulting
medical practitioner accepts or refuses the transfer
of the role.
(3) If the consulting medical practitioner refuses
the transfer of the role of co-ordinating medical
practitioner, the co-ordinating medical practitioner
for the person may--
(a) refer the person to another registered medical
practitioner to conduct a further consulting
assessment; and
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(b) transfer the role of co-ordinating medical
practitioner to that registered medical
practitioner if that practitioner--
(i) accepts the referral to conduct a further
consulting assessment; and
(ii) assesses the person as eligible for
access to voluntary assisted dying; and
(iii) accepts the transfer of the role.
(4) If the registered medical practitioner accepts
a referral to conduct a further consulting
assessment, the consulting assessment that
previously assessed the person as eligible for
access to voluntary assisted dying becomes
void.
Division 5--Written declaration
34 Person assessed as eligible for access to voluntary
assisted dying may make written declaration
(1) A person may make a written declaration
requesting access to voluntary assisted dying
if the person has been assessed as eligible for
access to voluntary assisted dying by--
(a) the co-ordinating medical practitioner for
the person; and
(b) a consulting medical practitioner for the
person.
(2) The written declaration must--
(a) specify that the person--
(i) makes the declaration voluntarily and
without coercion; and
(ii) understands the nature and the effect of
the declaration the person is making;
and
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(b) be signed by the person making the
declaration in the presence of 2 witnesses
and the co-ordinating medical practitioner.
(3) Despite subsection (2)(b), a person may sign a
written declaration at the direction of the person
making the declaration if--
(a) the person making the declaration is unable
to sign the declaration; and
(b) the person signing--
(i) is aged 18 years or more; and
(ii) is not a witness to the signing of the
declaration.
(4) A person who signs a written declaration on
behalf of the person making the declaration
must do so in that person's presence.
(5) If a person makes a written declaration with the
assistance of an interpreter, the interpreter must
certify on the declaration that the interpreter
provided a true and correct translation of any
material translated.
Note
Interpreters who assist in relation to requesting access to
or accessing voluntary assisted dying must meet certain
requirements--see section 115.
35 Witness to making of written declaration
(1) A person is eligible to witness the making of a
written declaration if the person is--
(a) aged 18 years or more; and
(b) not an ineligible witness.
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(2) A person is an ineligible witness for the purposes
of a written declaration if the person--
(a) knows or believes that the person--
(i) is a beneficiary under a will of the
person making the declaration; or
(ii) may otherwise benefit financially or in
any other material way from the death
of the person making the declaration; or
(b) is an owner of, or is responsible for the
day-to-day operation of, any health facility
at which--
(i) the person making the declaration is
being treated; or
(ii) the person making the declaration
resides; or
(c) is directly involved in providing health
services or professional care services to
the person making the declaration.
(3) Not more than one witness may be a family
member of the person making the written
declaration.
36 Certification of witness to signing of written
declaration
(1) A witness who witnesses a person signing a
written declaration must--
(a) certify in writing in the declaration--
(i) that, in the presence of the witness, the
person making the declaration appeared
to freely and voluntarily sign the
declaration; and
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(ii) that, at the time the person signed
the declaration, the person appeared
to have decision-making capacity in
relation to voluntary assisted dying; and
(iii) that, at the time the person signed the
declaration, the person appeared to
understand the nature and effect of
making the declaration; and
(b) state that the witness is not knowingly an
ineligible witness.
(2) A witness who witnesses another person signing a
written declaration on behalf of the person making
it must--
(a) certify in writing in the declaration--
(i) that, in the presence of the witness, the
person making the declaration appeared
to freely and voluntarily direct the other
person to sign the declaration; and
(ii) that the other person signed the
declaration in the presence of the
person making the declaration and
the witness; and
(iii) that, at the time the other person signed
the declaration, the person making it
appeared to have decision-making
capacity in relation to voluntary
assisted dying; and
(iv) that, at the time the other person signed
the declaration, the person making it
appeared to understand the nature and
effect of making the declaration; and
(b) state that the witness is not knowingly an
ineligible witness.
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(3) A certification and statement under subsection (1)
or (2) must be signed by the witness making it
in the presence of the co-ordinating medical
practitioner.
Division 6--Final request, contact person and final
review by co-ordinating medical practitioner
37 Person may make final request
(1) A person may make a final request for access to
voluntary assisted dying if the person has made a
written declaration.
(2) A final request must be made to the co-ordinating
medical practitioner for the person, by that person
personally.
(3) The person may make the final request verbally
or by gestures or other means of communication
available to the person.
38 Final request to be made a certain time after first
request and consulting assessment
(1) A person's final request must be made--
(a) subject to subsection (2), at least 9 days after
the day on which the person made the first
request; and
(b) in any case, at least one day after the day
on which the consulting assessment that
assessed the person as eligible for access to
voluntary assisted dying was completed.
(2) Subsection (1)(a) does not apply if the
co-ordinating medical practitioner for the person
considers that the person's death is likely to occur
before the expiry of the time period specified in
that subsection, and this is consistent with the
prognosis of the consulting medical practitioner
for the person set out in the consulting assessment
report form.
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39 Contact person
(1) A person must, after making a final request,
appoint a person who is aged 18 years or more as
the contact person in respect of the person.
(2) The contact person must return to a pharmacist at
the dispensing pharmacy any unused or remaining
voluntary assisted dying substance dispensed to
the person making the final request either--
(a) if the person dies and the contact person
knows that any voluntary assisted dying
substance is unused or remaining after the
death, within 15 days after the date of death;
or
(b) if the person decides to make a request under
section 53 for practitioner administration or
decides not to self-administer, at the person's
request.
(3) The Board may contact the contact person to
request information.
40 Formal requirements for appointment of contact
person
(1) A person cannot be appointed as the contact
person unless the person accepts the appointment.
(2) An appointment of the contact person must--
(a) be made in a contact person appointment
form; and
(b) in the presence of another person who is
aged 18 years or more, be signed by--
(i) the person making the appointment;
and
(ii) the person being appointed.
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(3) Despite subsection (2)(b)(i), a person may sign a
contact person appointment form at the direction
of the person making the appointment if--
(a) the person making the appointment is unable
to sign the form; and
(b) the person signing--
(i) is aged 18 years or more; and
(ii) is not a witness to the signing of the
form; and
(iii) is not the person to be appointed as the
contact person.
(4) A person who signs a contact person appointment
form on behalf of the person making the
appointment must do so in that person's presence.
(5) If a person appoints a contact person with the
assistance of an interpreter, the interpreter must
certify on the contact person appointment form
that the interpreter provided a true and correct
translation of any material translated.
Note
Interpreters who assist in relation to requesting access to
or accessing voluntary assisted dying must meet certain
requirements--see section 115.
41 Final review by co-ordinating medical practitioner
on receipt of final request
(1) On receipt of a final request made by a person, the
co-ordinating medical practitioner for the person
must--
(a) review the following forms completed under
this Part--
(i) the first assessment report form;
(ii) all consulting assessment report forms;
(iii) the written declaration;
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(iv) the contact person appointment form;
and
(b) complete the final review form in respect of
the person; and
(c) certify whether the request and assessment
process has been completed as required by
this Act.
(2) The co-ordinating medical practitioner must give
the Board a copy of the completed final review
form, accompanied by copies of all forms referred
to in subsection (1)(a), within 7 days after
completing the final review form.
42 Technical error not to invalidate request and
assessment process
The validity of the request and assessment
process is not affected by any minor or technical
error in a final review form or a form referred to
in section 41(1)(a).
43 Co-ordinating medical practitioner may apply for
voluntary assisted dying permit on certification of
request and assessment process on final review
If the co-ordinating medical practitioner
certifies in a final review form that the request
and assessment process has been completed as
required by this Act, the co-ordinating medical
practitioner may apply under section 47 or 48
for a voluntary assisted dying permit for the
person.
44 No obligation for person to continue after
certification of request and assessment process on
final review
A person in respect of whom a final review has
been completed and certified may decide at any
time not to take any further step in relation to
access to voluntary assisted dying.
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Part 4--Voluntary assisted dying permits
Division 1--Authorisations under a
voluntary assisted dying permit
45 What is authorised by self-administration permit?
A self-administration permit in respect of a person
specified in the permit authorises--
(a) the co-ordinating medical practitioner for
the person, for the purpose of causing the
person's death, to prescribe and supply the
voluntary assisted dying substance specified
in the permit to the person that--
(i) is able to be self-administered; and
(ii) is of a sufficient dose to cause death;
and
(b) the person to obtain, possess, store, use and
self-administer the voluntary assisted dying
substance; and
(c) in the case of the death of the person, within
15 days after the date of the person's death,
the contact person specified in the permit--
(i) to possess and store the unused or
remaining voluntary assisted dying
substance (if any) for the purpose of
returning it to a pharmacist at the
dispensing pharmacy; and
(ii) to carry and transport the unused or
remaining voluntary assisted dying
substance to a pharmacist at the
dispensing pharmacy; and
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(d) in the case that the person decides to make
a request under section 53 or decides not to
self-administer, or in the case of an order
made by VCAT to return the voluntary
assisted dying substance to the dispensing
pharmacy, a contact person specified in the
permit--
(i) to possess and store the voluntary
assisted dying substance (if any) that
has been dispensed to the person; and
(ii) to carry and transport the voluntary
assisted dying substance to a
pharmacist at the dispensing pharmacy.
46 What is authorised by practitioner administration
permit?
A practitioner administration permit in respect
of a person specified in the permit authorises the
co-ordinating medical practitioner for the person,
for the purpose of causing the person's death--
(a) to prescribe and supply to the person a
sufficient dose of the voluntary assisted
dying substance specified in the permit; and
(b) in the presence of a witness receive an
administration request; and
(c) to possess, use, and administer in the
presence of a witness, the voluntary assisted
dying substance to the person if--
(i) the person is physically incapable of the
self-administration or digestion of the
voluntary assisted dying substance; and
(ii) the person at the time of making the
administration request has decision-
making capacity in relation to voluntary
assisted dying; and
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(iii) the person in requesting access to
voluntary assisted dying is acting
voluntarily and without coercion; and
(iv) the person's request to access voluntary
assisted dying is enduring; and
(v) the person is administered the voluntary
assisted dying substance immediately
after making the administration request.
Division 2--Voluntary assisted dying permits
47 Application for self-administration permit
(1) Subject to subsection (3), the co-ordinating
medical practitioner for a person may apply to
the Secretary for a self-administration permit in
respect of the person if the person is physically
able to self-administer and digest the poison or
controlled substance or the drug of dependence
proposed to be specified in the permit for the
purpose of causing the person's death.
(2) An application for a self-administration permit
must--
(a) be in the prescribed form; and
(b) identify the person in respect of whom the
permit is sought; and
(c) specify the poison or controlled substance or
the drug of dependence the applicant seeks to
prescribe or supply in a sufficient dose to the
person, for the purpose of self-administration
to cause the person's death; and
(d) specify the contact person in respect of the
person; and
(e) be accompanied by a copy of the completed
final review form and all forms referred to in
section 41(1)(a); and
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(f) be accompanied by a statement that the
applicant is satisfied of the matters specified
in subsection (3).
(3) The co-ordinating medical practitioner must not
apply for a self-administration permit unless the
co-ordinating medical practitioner is satisfied
that--
(a) the person has decision-making capacity in
relation to voluntary assisted dying; and
(b) the person's request for access to voluntary
assisted dying is enduring.
48 Application for practitioner administration permit
(1) Subject to subsection (3), the co-ordinating
medical practitioner for a person may apply to
the Secretary for a practitioner administration
permit in respect of the person, if the person is
to be supplied and administered the poison or
controlled substance or the drug of dependence
proposed to be specified in the permit by the
co-ordinating medical practitioner for the purpose
of causing the person's death.
(2) An application for a practitioner administration
permit must--
(a) be in the prescribed form; and
(b) identify the person in respect of whom the
permit is sought; and
(c) specify the poison or controlled substance
or the drug of dependence the applicant
seeks to prescribe, supply and administer to
the person in a sufficient dose to cause the
person's death; and
(d) specify the contact person in respect of the
person; and
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(e) be accompanied by a copy of the completed
final review form and all forms referred to in
section 41(1)(a); and
(f) be accompanied by a statement that
the applicant is satisfied of the matters
specified in subsection (3); and
(g) if the person in respect of whom the
permit is sought was the subject of a
self-administration permit cancelled
under section 52, be accompanied by
evidence to the satisfaction of the
Secretary--
(i) that any prescription under that
self-administration permit which was
not filled has been destroyed by the
applicant; or
(ii) that any voluntary assisted dying
substance supplied under that
self-administration permit has been
disposed of by a pharmacist at the
dispensing pharmacy.
(3) The co-ordinating medical practitioner must not
apply for a practitioner administration permit
unless the co-ordinating medical practitioner is
satisfied that--
(a) the person is physically incapable of the
self-administration or digestion of an
appropriate poison or controlled substance
or drug of dependence; and
(b) the person has decision-making capacity in
relation to voluntary assisted dying; and
(c) the person's request for access to voluntary
assisted dying is enduring.
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49 Secretary to determine application for a voluntary
assisted dying permit
(1) The Secretary must determine an application for
a voluntary assisted dying permit made under
section 47 or 48 by the co-ordinating medical
practitioner for a person within the prescribed
period.
(2) The Secretary--
(a) may issue--
(i) a self-administration permit; or
(ii) a practitioner administration permit; or
(b) may refuse to issue a voluntary assisted
dying permit.
(3) Without limiting subsection (2), the Secretary
may refuse to issue a voluntary assisted dying
permit if the Secretary is not satisfied the request
and assessment process has been completed as
required by this Act.
(4) After determining the application the Secretary
must--
(a) as soon as practicable--
(i) notify the co-ordinating medical
practitioner in writing of the decision
under subsection (2); and
(ii) if the Secretary refuses an application
under subsection (2)(b), provide
reasons for the decision; and
(b) within 7 days notify the Board in writing of
the decision under subsection (2).
(5) A voluntary assisted dying permit must be in the
prescribed form.
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50 Operation of voluntary assisted dying permit
A voluntary assisted dying permit comes into
force on the day specified in the permit.
51 Secretary may amend voluntary assisted dying
permit
(1) The Secretary may amend a voluntary assisted
dying permit if satisfied that the permit contains
an administrative error or a minor defect.
(2) The Secretary may exercise a power under
subsection (1)--
(a) on the request of the relevant
co-ordinating medical practitioner; or
(b) in the Secretary's discretion.
(3) The Secretary must notify the relevant
co-ordinating medical practitioner and the
Board in writing of any amendment made
under subsection (1).
52 Cancellation of self-administration permit
A self-administration permit is cancelled--
(a) on the co-ordinating medical practitioner
destroying any unfilled prescription; or
(b) on a pharmacist giving the Board a copy
of the completed voluntary assisted dying
substance disposal form.
Division 3--Later physical incapacity of person to
self-administer voluntary assisted dying substance
53 Person may request co-ordinating medical
practitioner apply for a practitioner administration
permit
(1) A person may request the co-ordinating
medical practitioner for the person to apply
for a practitioner administration permit if--
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(a) the person is the subject of a
self-administration permit; and
(b) the person has lost the physical capacity
to self-administer or digest the voluntary
assisted dying substance specified in the
permit.
(2) The person must make the request personally.
(3) The person may make the request verbally or
by gestures or other means of communication
available to the person.
54 Destruction of unfilled prescription by co-ordinating
medical practitioner
The co-ordinating medical practitioner must, on
receiving a request under section 53 destroy any
prescription under the relevant self-administration
permit which has not been filled.
55 Return of any dispensed voluntary assisted dying
substance
Before making a request under section 53, the
person or the relevant contact person must, if
a voluntary assisted dying substance has been
supplied, return the voluntary assisted dying
substance to a pharmacist at the dispensing
pharmacy.
56 Co-ordinating medical practitioner may apply for a
practitioner administration permit
If a self-administration permit is cancelled
under section 52, the co-ordinating medical
practitioner for the person may apply for a
practitioner administration permit for the person.
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Part 5--Accessing voluntary assisted
dying and death
Division 1--Prescribing, dispensing or disposing
of voluntary assisted dying substance
57 Information to be given on prescribing a voluntary
assisted dying substance
The co-ordinating medical practitioner for a
person must, before prescribing a voluntary
assisted dying substance in accordance with a
self-administration permit, inform the person--
(a) how to self-administer the voluntary assisted
dying substance; and
(b) that the person is not under any obligation
to obtain the voluntary assisted dying
substance and may at any time return an
unfilled prescription to the co-ordinating
medical practitioner; and
(c) that the voluntary assisted dying substance
must be stored in a locked box that satisfies
the prescribed specifications; and
(d) that the person is not under any obligation to
self-administer the voluntary assisted dying
substance; and
(e) that any unfilled prescription must be
returned to the co-ordinating medical
practitioner for destruction on the making
of a request under section 53; and
(f) that the person or the relevant contact
person must return to a pharmacist at the
dispensing pharmacy for disposal any
dispensed voluntary assisted dying
substance--
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(i) that the person decides not to
self-administer; or
(ii) that the person does not
self-administer before making
a request under section 53; and
(g) that the relevant contact person must return
to a pharmacist at the dispensing pharmacy
for disposal any dispensed voluntary assisted
dying substance that is not self-administered
after the person dies.
58 Information to be given by pharmacist dispensing a
prescribed voluntary assisted dying substance
A pharmacist must, on dispensing a prescription
for a voluntary assisted dying substance, inform
the person to whom the voluntary assisted dying
substance is being dispensed--
(a) how to self-administer the voluntary assisted
dying substance; and
(b) that the voluntary assisted dying substance
must be stored in a locked box that satisfies
the prescribed specifications; and
(c) that the person is not under any obligation to
self-administer the voluntary assisted dying
substance; and
(d) that the person or the relevant contact person
must return to a pharmacist at the dispensing
pharmacy for disposal any dispensed
voluntary assisted dying substance--
(i) that the person decides not to
self-administer; or
(ii) that the person does not
self-administer before making
a request under section 53; and
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(e) that the relevant contact person must return
to a pharmacist at the dispensing pharmacy
for disposal any dispensed voluntary assisted
dying substance that is not self-administered
after the person dies.
59 Labelling requirements for voluntary assisted dying
substance
(1) In addition to any labelling requirements of the
Poisons Code or under the Drugs, Poisons and
Controlled Substances Act 1981, a pharmacist
who supplies a voluntary assisted dying substance
must attach a labelling statement in writing to the
relevant package or container that--
(a) warns of the purpose of the dose of the
voluntary assisted dying substance; and
(b) states the dangers of self-administering the
voluntary assisted dying substance; and
(c) states that the voluntary assisted dying
substance must be stored in a locked box that
satisfies the prescribed specifications; and
(d) states that any unused or remaining
voluntary assisted dying substance must
be returned by the person to whom it was
dispensed or the relevant contact person to
a pharmacist at the dispensing pharmacy.
(2) A labelling statement must be in the prescribed
form.
60 Pharmacist to record and notify of voluntary
assisted dying substance dispensed
(1) A pharmacist who dispenses a voluntary assisted
dying substance must immediately record in a
voluntary assisted dying substance dispensing
form--
(a) that the voluntary assisted dying substance
was dispensed; and
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(b) that the requirements under sections 58
and 59 were satisfied.
(2) The pharmacist must within 7 days after
dispensing the voluntary assisted dying substance
give a copy of the completed voluntary assisted
dying substance dispensing form to the Board.
61 Secure storage of voluntary assisted dying substance
The person in respect of whom a voluntary
assisted dying substance has been dispensed must
store the substance in a locked box that satisfies
the prescribed specifications.
62 Pharmacist at dispensing pharmacy to dispose of
returned voluntary assisted dying substance
If a person who is the subject of a
self-administration permit or the contact
person specified in the permit returns any of the
dispensed voluntary assisted dying substance to
a pharmacist at the dispensing pharmacy, the
pharmacist must as soon as practicable dispose
of it.
63 Pharmacist at dispensing pharmacy to record and
notify of disposal of returned voluntary assisted
dying substance
(1) A pharmacist at the dispensing pharmacy who
disposes of a voluntary assisted dying substance
under section 62 must immediately record that
disposal in a voluntary assisted dying substance
disposal form.
(2) The pharmacist must within 7 days after disposing
of the voluntary assisted dying substance give a
copy of the completed voluntary assisted dying
substance disposal form to the Board.
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Division 2--Administration request and
administration of voluntary assisted
dying substance
64 Person may make administration request
(1) A person may make an administration request,
to the co-ordinating medical practitioner for the
person, that the co-ordinating medical practitioner
administer to the person the voluntary assisted
dying substance specified in a practitioner
administration permit, if--
(a) the person is the subject of the permit; and
(b) the person has decision-making capacity in
relation to voluntary assisted dying; and
(c) the person's request to access voluntary
assisted dying is enduring; and
(d) the person understands that the
voluntary assisted dying substance is to
be administered immediately after the
making of the administration request.
(2) The person must make the request personally.
(3) The person may make the request verbally or
by gesture or other means of communication
available to the person.
(4) An administration request must be made in the
presence of a witness.
(5) The co-ordinating medical practitioner must
refuse to accept the person's administration
request if the co-ordinating medical practitioner is
not satisfied of any matter under subsection (1).
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65 Witness to administration request and
administration of voluntary assisted dying substance
(1) For the purposes of section 46(b) and (c) and
section 64(4), a witness to the making of an
administration request and the administration of
the voluntary assisted dying substance must be--
(a) aged 18 years or more; and
(b) independent of the co-ordinating medical
practitioner for the person to whom the
voluntary assisted dying substance is to be
administered.
(2) The witness who witnesses a person making an
administration request and who witnesses the
administration of the voluntary assisted dying
substance must, in a co-ordinating medical
practitioner administration form--
(a) certify in writing that--
(i) the person at the time of making the
administration request appeared to have
decision-making capacity in relation to
voluntary assisted dying; and
(ii) the person in requesting access to
voluntary assisted dying appeared to be
acting voluntarily and without coercion;
and
(iii) the person's request to access voluntary
assisted dying appeared to be enduring;
and
(b) state that the co-ordinating medical
practitioner administered the voluntary
assisted dying substance to the person.
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66 Certification by co-ordinating medical practitioner
following administration of voluntary assisted dying
substance
(1) The co-ordinating medical practitioner for a
person who has administered the voluntary
assisted dying substance to the person must, in
the same co-ordinating medical practitioner
administration form completed by the relevant
witness, certify in writing that the practitioner is
satisfied--
(a) the person was physically incapable of
the self-administration or digestion of the
voluntary assisted dying substance; and
(b) the person at the time of making the
administration request had decision-making
capacity in relation to voluntary assisted
dying; and
(c) the person in requesting access to voluntary
assisted dying acted voluntarily and without
coercion; and
(d) the person's request to access voluntary
assisted dying was enduring.
(2) The co-ordinating medical practitioner must
within 7 days after administering a voluntary
assisted dying substance to a person under a
practitioner administration permit give the
Board a copy of the co-ordinating medical
practitioner administration form completed
under subsection (1).
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Division 3--Notification of cause of death
67 Notification of disease, illness or medical condition
of person to the Registrar and Coroner
(1) In addition to section 37(1) of the Births,
Deaths and Marriages Registration Act 1996,
a registered medical practitioner who was
responsible for a person's medical care
immediately before death, or who examines
the body of a deceased person after death
and reasonably believes or knows the person
was the subject of a voluntary assisted dying
permit must notify the Registrar of--
(a) the registered medical practitioner's
reasonable belief or knowledge that the
person--
(i) was the subject of a voluntary assisted
dying permit and the voluntary assisted
dying substance specified in the permit
was not self-administered by the person
or administered to the person; or
(ii) was the subject of a self-administration
permit and accessed voluntary assisted
dying by self-administering the
voluntary assisted dying substance
specified in the permit; or
(iii) was the subject of a practitioner
administration permit and accessed
voluntary assisted dying by being
administered the voluntary assisted
dying substance specified in the permit;
and
(b) the disease, illness or medical condition
that was the grounds for the person to
access voluntary assisted dying.
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(2) A registered medical practitioner who
was responsible for a person's medical care
immediately before death, or who examines
the body of a deceased person after death
and reasonably believes or knows the person
was the subject of a voluntary assisted dying
permit must notify the Coroner of--
(a) the registered medical practitioner's
reasonable belief or knowledge that the
person--
(i) was the subject of a voluntary assisted
dying permit and the voluntary assisted
dying substance specified in the permit
was not self-administered by the person
or administered to the person; or
(ii) was the subject of a self-administration
permit and accessed voluntary assisted
dying by self-administering the
voluntary assisted dying substance
specified in the permit; or
(iii) was the subject of a practitioner
administration permit and accessed
voluntary assisted dying by being
administered the voluntary assisted
dying substance specified in the permit;
and
(b) the disease, illness or medical condition
that was the grounds for the person to
access voluntary assisted dying.
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Part 6--Review by VCAT
Part 6--Review by VCAT
68 Application for review of certain decisions by VCAT
(1) An eligible applicant may apply to VCAT for
review of the following decisions--
(a) a decision of the co-ordinating medical
practitioner for a person in a first assessment
that the person--
(i) is or is not ordinarily resident in
Victoria; or
(ii) was or was not ordinarily resident in
Victoria for at least 12 months at the
time of making a first request; or
(iii) has or does not have decision-making
capacity in relation to voluntary
assisted dying;
(b) a decision of a consulting medical
practitioner for a person in a consulting
assessment that the person--
(i) is or is not ordinarily resident in
Victoria; or
(ii) was or was not ordinarily resident in
Victoria for at least 12 months at the
time of making a first request; or
(iii) has or does not have decision-making
capacity in relation to voluntary
assisted dying;
(c) a decision of the co-ordinating
medical practitioner for a person under
section 47(3)(a) or 48(3)(b) that the person
has or does not have decision-making
capacity in relation to voluntary assisted
dying;
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(d) a decision under section 64(5) that the
person has or does not have decision-making
capacity in relation to voluntary assisted
dying.
(2) In this section--
eligible applicant means--
(a) a person who is the subject of a
decision referred to in subsection (1); or
(b) an agent of a person referred to in
paragraph (a); or
(c) any other person who VCAT is
satisfied has a special interest in the
medical treatment and care of the
person referred to in paragraph (a).
(3) For the purposes of section 59(1)(b)(iv) of the
Victorian Civil and Administrative Tribunal
Act 1998, if an application is made for review of a
decision referred to in subsection (1), the person
who is the subject of the decision is a party to a
proceeding for review of the decision, whether or
not the person was the applicant for the review.
69 Notice requirements
If an application under section 68(1) is made for
review of a decision in respect of a person, the
principal registrar of VCAT must give notice of
the application and any order or determination
(however described) of VCAT in respect of the
application to--
(a) the co-ordinating medical practitioner for
the person; and
(b) the Secretary; and
(c) the Board.
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70 No further action to be taken in relation to access to
voluntary assisted dying if application to VCAT in
existence
If an application has been made to VCAT under
section 68(1) for review of a decision in respect of
a person--
(a) if the request and assessment process in
relation to the person has not been completed
it is suspended for the period during which
the application is in existence; and
(b) the co-ordinating medical practitioner for
the person must not apply for a voluntary
assisted dying permit for the person while
the application is in existence; and
(c) any application for a voluntary assisted
dying permit, for the person is suspended
for the period during which the application
is in existence; and
(d) any voluntary assisted dying permit
that the person is the subject of is
suspended for the period during which
the application is in existence, other than
the following authorisations in respect
of a self-administration permit--
(i) an authorisation under section 45(b) to
possess or store the voluntary assisted
dying substance;
(ii) an authorisation under section 45(c)
or (d).
71 Application to VCAT for review taken to be
withdrawn in certain circumstances
An application for the review of a decision under
section 68(1) is taken to be withdrawn if the
person who is the subject of the decision has died.
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72 Power of VCAT to make determinations
In determining an application under section 68(1)
VCAT may determine that--
(a) a person is ordinarily resident in Victoria; or
(b) a person is not ordinarily resident in
Victoria; or
(c) a person was ordinarily resident in Victoria
for at least 12 months at the time of making
a first request; or
(d) a person was not ordinarily resident in
Victoria for at least 12 months at the
time of making a first request; or
(e) a person has decision-making capacity in
relation to voluntary assisted dying; or
(f) a person does not have decision-making
capacity in relation to voluntary assisted
dying.
73 Co-ordinating medical practitioner or consulting
medical practitioner may refuse to continue process
(1) The co-ordinating medical practitioner for a
person may refuse to resume any first assessment
in relation to the person or to continue to perform
the role of co-ordinating medical practitioner or
if--
(a) an application under section 68(1) was made
for review of a decision of the co-ordinating
medical practitioner that the person did not
have decision-making capacity in relation to
voluntary assisted dying; and
(b) VCAT determines that the person had
decision-making capacity.
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(2) A consulting medical practitioner for a person
may refuse to resume any consulting assessment
that was not completed in relation to the person
before the application was made if--
(a) an application under section 68(1) was made
for review of a decision of the consulting
medical practitioner that the person did not
have decision-making capacity in relation to
voluntary assisted dying; and
(b) VCAT determines that the person had
decision-making capacity.
(3) A co-ordinating medical practitioner who refuses
under subsection (1) to continue to perform the
role of co-ordinating medical practitioner must
transfer the role of co-ordinating medical
practitioner in accordance with section 33.
(4) If a consulting medical practitioner refuses under
subsection (2) to resume a consulting assessment,
the co-ordinating medical practitioner for the
person may refer the person to another registered
medical practitioner for a further consulting
assessment.
74 Interim and temporary orders
In an application under this Act, VCAT may
make any interim orders or temporary orders
that it considers necessary.
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Part 7--Notifications and protections from liability
Part 7--Notifications and protections
from liability
Division 1--Notifications to Australian Health
Practitioner Regulation Agency
75 Mandatory notification by registered health
practitioner
(1) A registered health practitioner (the first health
practitioner) must notify the Australian Health
Practitioner Regulation Agency as soon as
practicable after forming a belief on reasonable
grounds that another registered health practitioner
(the second health practitioner)--
(a) who provides health services or professional
care services to a person is--
(i) in the course of providing those
services to the person, initiating a
discussion or attempting to initiate a
discussion with that person that is in
substance about voluntary assisted
dying that is not, or would not be, in
accordance with this Act; or
(ii) in substance, suggesting or attempting
to suggest voluntary assisted dying to
the person that is not, or would not be,
in accordance with this Act; or
(b) is offering to provide or attempting to
provide access to voluntary assisted
dying in a manner that is not, or would
not be, in accordance with this Act.
(2) A failure by a first health practitioner to notify the
Australian Health Practitioner Regulation Agency
as required under subsection (1) is to be regarded
as unprofessional conduct within the meaning and
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for the purposes of the Health Practitioner
Regulation National Law.
76 Mandatory notification by employer
(1) An employer of a registered health practitioner
must notify the Australian Health Practitioner
Regulation Agency as soon as practicable after
forming a belief on reasonable grounds that the
registered health practitioner--
(a) who provides health services or professional
care services to a person is--
(i) in the course of providing those
services to the person, initiating a
discussion or attempting to initiate a
discussion with that person that is in
substance about voluntary assisted
dying that is not, or would not be, in
accordance with this Act; or
(ii) in substance, suggesting or attempting
to suggest voluntary assisted dying to
the person that is not, or would not be,
in accordance with this Act; or
(b) is offering to provide or attempting to
provide access to voluntary assisted
dying in a manner that is not, or would
not be, in accordance with this Act.
(2) In this section--
employer of a registered health practitioner
means an entity that employs the registered
health practitioner under a contract of
employment or a contract for services.
77 Voluntary notification by persons
A person may notify the Australian Health
Practitioner Regulation Agency of the person's
belief on reasonable grounds that a registered
health practitioner--
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(a) who provides health services or professional
care services to a person is--
(i) in the course of providing those
services to the person, initiating a
discussion or attempting to initiate a
discussion with that person that is in
substance about voluntary assisted
dying that is not, or would not be, in
accordance with this Act; or
(ii) in substance, suggesting or attempting
to suggest voluntary assisted dying to
the person that is not, or would not be,
in accordance with this Act; or
(b) is offering to provide or attempting to
provide access to voluntary assisted dying
in a manner that is not, or would not be, in
accordance with this Act.
78 Protection from liability for persons making
notifications
(1) A person who in good faith makes a notification
under this Division is not personally liable for any
loss, damage or injury suffered by another person
merely because of the making of the notification.
(2) Without limiting subsection (1)--
(a) the making of the notification or the
giving of any information included in
the notification does not constitute a
contravention of professional etiquette
or ethics or a departure from accepted
standards of professional conduct; and
(b) no liability for defamation is incurred by
the person because of the making of the
notification or the giving of the information.
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Part 7--Notifications and protections from liability
Division 2--Protection from liability for
those who assist, facilitate, do not act or
act in accordance with this Act
79 Protection from criminal liability of person who
assists or facilitates request for or access to
voluntary assisted dying
A person who in good faith does something or
fails to do something--
(a) that assists or facilitates any other person
who the person believes on reasonable
grounds is requesting access to or is
accessing voluntary assisted dying in
accordance with this Act; and
(b) that apart from this section, would constitute
an offence at common law or under any
other enactment--
does not commit the offence.
80 No liability for registered health practitioner who
acts in accordance with this Act
A registered health practitioner who, in good
faith and without negligence, acts under this Act
believing on reasonable grounds that the act is in
accordance with this Act is not in respect of that
act--
(a) guilty of an offence; or
(b) liable for unprofessional conduct or
professional misconduct; or
(c) liable in any civil proceeding; or
(d) liable for contravention of any code of
conduct.
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81 No liability for registered health practitioner or
ambulance paramedic present after person
administered voluntary assisted dying substance
(1) A registered health practitioner or an ambulance
paramedic who, in good faith, does not administer
life saving or life sustaining medical treatment to
a person who has not requested it, and believes
on reasonable grounds that the person is dying
after being administered or self-administering a
voluntary assisted dying substance in accordance
with this Act, is not, in respect of that omission to
act--
(a) guilty of an offence; or
(b) liable for unprofessional conduct or
professional misconduct; or
(c) liable in any civil proceeding; or
(d) liable for contravention of any code of
conduct.
(2) This section does not prevent a registered health
practitioner or an ambulance paramedic from
providing medical treatment for the purpose of
ensuring the person's comfort.
(3) In this section--
ambulance paramedic means a person employed
or engaged by an ambulance service, within
the meaning of the Ambulance Services
Act 1986--
(a) as an ambulance paramedic or intensive
care paramedic; or
(b) in any capacity to provide medical or
other assistance to patients in an
emergency.
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82 Section 463B of the Crimes Act 1958 does not apply
Section 463B of the Crimes Act 1958 does not
apply to a person who knows or believes on
reasonable grounds that a person is accessing
voluntary assisted dying in accordance with this
Act.
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Part 8--Offences
83 Offence not to comply with practitioner
administration permit
A co-ordinating medical practitioner must not
administer to a person who is the subject of a
practitioner administration permit a voluntary
assisted dying substance specified in that permit,
if the co-ordinating medical practitioner--
(a) intends to cause the person's death by
administering the voluntary assisted dying
substance; and
(b) knowingly administers the voluntary assisted
dying substance other than as authorised by,
and in accordance with, that permit.
Penalty: Level 1 imprisonment (life) or
imprisonment for such other term
as is fixed by the court.
Note
See section 46 for the authorisation of a co-ordinating medical
practitioner by a practitioner administration permit.
84 Offence for person to administer voluntary
assisted dying substance to another person--
self-administration permit
A person must not knowingly administer to
another person a voluntary assisted dying
substance dispensed in accordance with a
self-administration permit.
Penalty: Level 1 imprisonment (life) or
imprisonment for such other term
as is fixed by the court.
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85 Offence to induce another person to request
voluntary assisted dying
(1) A person must not, by dishonesty or undue
influence, induce another person to make a
request for access to voluntary assisted dying.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both;
In the case of a body corporate,
2400 penalty units.
(2) In this section--
request means--
(a) a first request; or
(b) a written declaration; or
(c) a final request; or
(d) an administration request.
86 Offence to induce self-administration of a voluntary
assisted dying substance
A person must not, by dishonesty or undue
influence, induce another person to self-
administer a voluntary assisted dying substance
dispensed in accordance with a self-administration
permit.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both;
In the case of a body corporate,
2400 penalty units.
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87 Offence to falsify form or record
(1) A person must not falsify a form or record
required to be made under this Act.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both;
In the case of a body corporate,
2400 penalty units.
(2) In this section, form or record means--
(a) a first assessment report form; or
(b) a consulting assessment report form; or
(c) a written declaration; or
(d) a contact person appointment form; or
(e) a final review form; or
(f) a voluntary assisted dying substance
dispensing form; or
(g) a voluntary assisted dying substance
disposal form; or
(h) a co-ordinating medical practitioner
administration form.
88 Offence to make a false statement
(1) A person must not knowingly make a statement in
a report or form in respect of another person who
requests access to voluntary assisted dying that the
person knows is false or misleading in a material
particular.
Penalty: In the case of a natural person, level 6
imprisonment (5 years maximum) or
600 penalty units or both;
In the case of a body corporate,
2400 penalty units.
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(2) In this section, report or form means--
(a) a first assessment report form; or
(b) a consulting assessment report form; or
(c) a written declaration; or
(d) a contact person appointment form; or
(e) a final review form; or
(f) an application for a self-administration
permit under section 47; or
(g) an application for a practitioner
administration permit under section 48; or
(h) a statement made under section 47(2)(f); or
(i) a statement made under section 48(2)(f); or
(j) a voluntary assisted dying substance
dispensing form; or
(k) a voluntary assisted dying substance
disposal form; or
(l) a co-ordinating medical practitioner
administration form.
89 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
The contact person for a person who is the
subject of a self-administration permit must not
fail to return to a pharmacist at the dispensing
pharmacy, within 15 days after the date of death
of the person, any voluntary assisted dying
substance specified in the permit, and dispensed
to the person, that the contact person knows is
unused or remaining after the death.
Penalty: Level 8 imprisonment (12 months
maximum) or 120 penalty units or both.
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90 Offence to fail to give copies of forms to the Board
(1) A person who is required in accordance with this
Act to give a copy of a form to the Board must
give that copy to the Board in accordance with
this Act.
Penalty: 60 penalty units.
(2) In this section, form means--
(a) a first assessment report form; or
(b) a consulting assessment report form; or
(c) a final review form; or
(d) a voluntary assisted dying substance
dispensing form; or
(e) a voluntary assisted dying substance
disposal form; or
(f) a co-ordinating medical practitioner
administration form.
91 Criminal liability of officers of body corporate--
failure to exercise due diligence
(1) If a body corporate commits an offence against
a provision specified in subsection (2), an officer
of the body corporate also commits an offence
against the provision if the officer failed to
exercise due diligence to prevent the commission
of the offence by the body corporate.
(2) For the purposes of subsection (1), the following
provisions are specified--
(a) section 85;
(b) section 86;
(c) section 87;
(d) section 88;
(e) section 90.
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(3) In determining whether an officer of a body
corporate failed to exercise due diligence, a
court may have regard to--
(a) what the officer knew, or ought reasonably
to have known, about the commission of the
offence by the body corporate; and
(b) whether or not the officer was in a position
to influence the body corporate in relation to
the commission of the offence by the body
corporate; and
(c) what steps the officer took, or could
reasonably have taken, to prevent the
commission of the offence by the body
corporate; and
(d) any other relevant matter.
(4) Without limiting any other defence available to
the officer, an officer of a body corporate may
rely on a defence that would be available to the
body corporate if it were charged with the offence
with which the officer is charged and, in doing so,
the officer bears the same burden of proof that the
body corporate would bear.
(5) An officer of a body corporate may commit
an offence against a provision specified in
subsection (2) whether or not the body corporate
has been prosecuted for, or found guilty of, an
offence against that provision.
(6) In this section--
body corporate has the same meaning as
corporation has in section 57A of the
Corporations Act;
officer in relation to a body corporate means--
(a) a person who is an officer (as defined
by section 9 of the Corporations Act) of
the body corporate; or
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(b) a person (other than a person referred
to in paragraph (a)), by whatever name
called, who is concerned in, or takes
part in, the management of the body
corporate.
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Part 9--Voluntary Assisted Dying Review Board
Part 9--Voluntary Assisted Dying
Review Board
Division 1--Establishment
92 Establishment of Voluntary Assisted Dying Review
Board
The Voluntary Assisted Dying Review Board is
established.
Division 2--Functions and powers
93 Functions and powers of the Board
(1) The Board has the following functions--
(a) to monitor matters related to voluntary
assisted dying;
(b) to review the exercise of any function or
power under this Act;
(c) to provide reports to each House of the
Parliament on the operation of this Act and
any recommendations for the improvement
of voluntary assisted dying;
(d) to promote compliance with the requirements
of this Act by the provision of information
in respect of voluntary assisted dying to
registered health practitioners and members
of the community;
(e) to refer any issue identified by the Board in
relation to voluntary assisted dying that is
relevant to the following persons or bodies--
(i) the Chief Commissioner of Police;
(ii) the Registrar;
(iii) the Secretary;
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(iv) the State Coroner;
(v) the Australian Health Practitioner
Regulation Agency;
(f) to promote continuous improvement in the
quality and safety of voluntary assisted dying
to those who exercise any function or power
under this Act;
(g) to conduct analysis of, and carry out research
in relation to, information or forms given to
the Board in accordance with this Act;
(h) to provide information about voluntary
assisted dying, and other matters identified
by the Board in the performance of a
function under this Act;
(i) to collect, use and disclose forms and
information provided in accordance with
this Act for the purposes of carrying out a
function of the Board;
(j) to consult and engage with any of the
following persons and groups in relation
to voluntary assisted dying--
(i) the Victorian community;
(ii) relevant groups or organisations;
(iii) government departments and agencies;
(iv) registered health practitioners who
provide voluntary assisted dying
services;
(k) to provide advice to the Minister or the
Secretary in relation to the operation of this
Act;
(l) to provide reports to the Minister or the
Secretary, in respect of any matter relevant
to the functions of the Board as requested.
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(2) The Board has all the powers that are necessary or
convenient to perform its functions under this Act.
Division 3--Membership and procedure
94 Membership of the Board
(1) The Board consists of--
(a) the Chairperson; and
(b) the Deputy Chairperson (if any); and
(c) the members appointed under section 95.
(2) A member of the Board is not, in respect of the
member's appointment, subject to the Public
Administration Act 2004 (other than Part 5 of
that Act).
95 Appointment of member of the Board
(1) The Minister, by order published in the
Government Gazette, may appoint an eligible
person to be a member of the Board.
(2) A person is eligible for appointment as a member
of the Board if the Minister is satisfied that the
person has the appropriate knowledge and skills
to perform all of the duties and functions of a
member of the Board.
96 Terms and conditions of appointment of member
(1) A member of the Board--
(a) holds office for the period, not exceeding
3 years, specified in the instrument of
appointment; and
(b) is appointed on a full-time or part-time
basis, as specified in the instrument of
appointment; and
(c) is eligible for reappointment.
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(2) Despite subsection (1), an initial member of the
Board--
(a) holds office for the period, not exceeding
6 years, specified in the instrument of
appointment; and
(b) is appointed on a full-time or part-time
basis, as specified in the instrument of
appointment; and
(c) is eligible for reappointment for a period
not exceeding 3 years, specified in the
instrument of reappointment.
(3) In this section--
initial member of the Board means a person
appointed under section 95 who is a member
of the first Board constituted on the coming
into operation of Part 9.
97 Resignation and removal
(1) A member of the Board may resign the office of
member by writing signed by the member and
delivered to the Minister.
(2) The Minister may at any time remove a member
of the Board from office.
(3) If a member of the Board dies, resigns or is
removed from office, the Minister may fill the
vacant position by appointing a person who is
eligible to be appointed as a member.
98 Chairperson and Deputy Chairperson
(1) The Minister must appoint a member of the Board
to be Chairperson.
(2) The Minister may appoint a member of the Board
to be Deputy Chairperson.
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(3) A person appointed to an office under
subsection (1) or (2) holds office for the
term specified in the person's instrument of
appointment and is eligible for reappointment.
(4) A person appointed to an office under
subsection (1) or (2) may resign that office by
writing signed by the person and delivered to
the Minister.
(5) The Minister may at any time remove a person
appointed under subsection (1) or (2) from office.
(6) A person appointed to an office under
subsection (1) or (2) ceases to hold that office
on ceasing to be a member of the Board.
99 Payment of members of the Board
A member of the Board is entitled to receive the
fees and allowances that are fixed from time to
time by the Minister.
100 Assistance to the Board
(1) Subject to the approval of the Minister, the Board
may co-opt any person with special knowledge or
skills to assist the Board in a particular matter.
(2) A person who has been co-opted to assist the
Board is to be considered to be a member of the
Board until the period of co-option ends.
101 Procedures of the Board
(1) The Chairperson or, in the absence of the
Chairperson, the Deputy Chairperson, must
preside at a meeting of the Board.
(2) A majority of the members of the Board currently
holding office constitutes a quorum.
(3) Subject to this Act, the Board may regulate its
own proceedings.
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102 Subcommittees
(1) The Board, with the approval of the Minister,
may appoint a subcommittee for the purposes
of carrying out any of its functions.
(2) The subcommittee may consist of--
(a) members of the Board as determined by the
Board; and
(b) any person as the Board determines.
(3) The subcommittee must report to the Board as
required by the Board.
Division 4--Request for information, referral of
identifying information held by the Board
and notifications
103 Request for information by the Board
The Board may request that any person
(including a contact person) give information to
the Board to assist the Board in carrying out any
of the Board's functions.
104 Referral of identifying information to others
(1) Subject to subsection (2), the Board may use
and disclose any identifying information obtained
as a result of the Board performing a function or
exercising a power of the Board for the purpose of
referring a matter to the following--
(a) the Chief Commissioner of Police;
(b) the Registrar;
(c) the Secretary;
(d) the State Coroner;
(e) the Australian Health Practitioner Regulation
Agency.
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(2) The Board must not refer a matter under
subsection (1) unless the Board reasonably
believes the identifying information discloses a
matter that is relevant to the functions and powers
of that person or body.
105 Board to notify registered medical practitioner,
pharmacist or Secretary on receipt of certain forms
(1) The Board must as soon as practicable after
receiving a copy of any of the following forms
from a registered medical practitioner or a
pharmacist (as the case requires), notify the
registered medical practitioner or the pharmacist
that the copy has been received--
(a) a first assessment report form;
(b) a consulting assessment report form;
(c) a final review form;
(d) a voluntary assisted dying substance
dispensing form;
(e) a voluntary assisted dying substance disposal
form;
(f) a co-ordinating medical practitioner
administration form.
(2) The Board must as soon as practicable after
receiving a copy of a completed voluntary
assisted dying substance disposal form give
a copy of that form to the Secretary.
106 Board to provide information to the contact person
after the notification of the person's death
The Board must within 7 days of being notified by
the Registrar of the registration of a person's death
in accordance with section 40A of the Births,
Deaths and Marriages Registration Act 1996
provide information to the contact person for the
person that--
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(a) sets out the requirement under section 45(c)
to return any unused or remaining voluntary
assisted dying substance to a pharmacist at
the dispensing pharmacy; and
(b) outlines the support services available
to assist the contact person with the
performance of the requirement referred
to in paragraph (a).
Division 5--Reports
107 Annual reports
(1) The Board must, no more than 3 months after
the end of a financial year, make a report on the
operation of this Act during that financial year.
(2) A report made under subsection (1) may make
recommendations on any systemic voluntary
assisted dying matter identified by the Board
during the reporting period.
(3) The first report under subsection (1) must relate to
the period commencing on the second anniversary
of the date of commencement of this section and
ending on 30 June the following year.
108 Giving an annual report to Parliament
(1) The Board must give an annual report made
under section 107 to the Clerk of each House of
the Parliament.
(2) The Clerk of each House of the Parliament must
cause the report to be laid before the House on--
(a) the day on which it is received; or
(b) the next sitting day of the House.
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109 Report of the Board on request of the Minister or
Secretary
The Minister or the Secretary may request the
Board to consider and report on a matter relevant
to the functions of the Board.
110 Reports of the Board for every 6 month period
(1) As soon as practicable after 30 June in each
year, but no more than 2 months after that date in
each year, the Board must make a report on the
operation of this Act during the 6 month period
preceding that 30 June.
(2) As soon as practicable after 31 December in each
year, but no more than 2 months after that date in
each year, the Board must make a report on the
operation of this Act during the 6 month period
preceding that 31 December.
(3) A report made under subsection (1) or (2) may
make recommendations on any systemic voluntary
assisted dying matter identified by the Board
during the reporting period.
(4) The first report under this section must relate
to the period commencing on the date of
commencement of this section and ending on
whichever is the earliest of 30 June or
31 December the following year.
(5) The Board must give a copy of a report made
under subsection (1) or (2) to the Clerk of each
House of the Parliament.
(6) The Clerk of each House of the Parliament must
cause the report to be laid before the House on--
(a) the day on which it is received; or
(b) the next sitting day of the House.
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111 Contents of reports
(1) Subject to subsection (2), the Board may include
any de-identified information of a person, who has
during the relevant reporting period accessed or
requested access to voluntary assisted dying under
this Act, in a report under section 107 or 110.
(2) The Board must not include in a report
under section 107 or 110 any information
(including de-identified information) that the
Board considers would prejudice--
(a) any criminal proceeding or criminal
investigation; or
(b) any civil proceeding; or
(c) any proceeding in the Coroners Court.
112 Repeal of reports of the Board for every 6 month
period and consequential amendment
(1) Section 110 is repealed on the second anniversary
of the commencement of section 110 .
(2) In section 111, for "section 107 or 110"
(where twice occurring) substitute "section 107"
on the second anniversary of the commencement
of section 110.
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Part 10--General
113 Delegation by Secretary
The Secretary, by instrument, may delegate the
Secretary's powers under Division 2 of Part 4 to
determine an application for a voluntary assisted
dying permit, or amend a voluntary assisted dying
permit, to a person or class of persons employed
under Part 3 of the Public Administration
Act 2004.
114 Secretary may approve training for medical
practitioners
The Secretary, by notice published in the
Government Gazette, may approve training
relating to the following matters--
(a) requirements under this Act relating to
co-ordinating medical practitioners and
consulting medical practitioners, including
functions of co-ordinating medical
practitioners and consulting medical
practitioners;
(b) assessing whether or not a person meets the
eligibility criteria;
(c) identifying and assessing risk factors for
abuse or coercion.
115 Interpreters
For the purposes of this Act, an interpreter who
assists a person in relation to requesting access to
or accessing voluntary assisted dying--
(a) must be accredited by a prescribed body; and
(b) must not--
(i) be a family member of the person; or
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(ii) believe or have knowledge of--
(A) being a beneficiary under a will of
the person; or
(B) otherwise benefiting financially or
in any other material way from the
death of the person; or
(iii) be an owner of, or be responsible for
the day-to-day management and
operation of, any health facility at
which the person is being treated or
resides; or
(iv) be a person who is directly involved
in providing health services or
professional care services to the person.
116 Five year review
(1) The Minister must cause a review of the operation
of this Act to be conducted.
(2) The review must be conducted in the fifth year of
the operation of the Act and be a review of the
first 4 years of operation of the Act.
(3) On completing the review, the Minister must
cause a report of the review to be tabled before
each House of the Parliament.
117 Board to record, retain and make public statistical
information
(1) The Board must record and retain statistical
information about--
(a) persons who have been issued with a
voluntary assisted dying permit; and
(b) persons who have died after being
administered or self-administering
a voluntary assisted dying substance
in accordance with this Act.
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(2) The following statistical information must be
recorded and retained in respect of the persons
referred to in subsection (1)--
(a) the disease, illness or medical condition of
the person that met the requirements of the
eligibility criteria; and
(b) if the person has died after being
administered or self-administering a
voluntary assisted dying substance in
accordance with this Act--the age of the
person at the date of the person's death.
(3) The Board must make the statistical information
recorded and retained publicly available in a
de-identified form on an Internet site maintained
by the Board.
118 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) Regulations made under this Act--
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances;
(c) may provide for a specified case or class of
case, for an exemption of persons or things
or a class of persons or a class of things from
any of the provisions of the regulations--
(i) whether unconditionally or on specified
conditions; and
(ii) either wholly or to the extent specified
in the regulations;
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(d) may apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) as in force at a particular time; or
(iii) as in force from time to time.
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Part 11--Consequential amendments
Part 11--Consequential amendments
Division 1--Amendment of the Births, Deaths
and Marriages Registration Act 1996
119 Registration
After section 40(1) of the Births, Deaths and
Marriages Registration Act 1996 insert--
"(1A) The Registrar, on being notified by a
doctor of a death under section 37 and in
accordance with section 67 of the Voluntary
Assisted Dying Act 2017, must register the
death in the Register by making an entry
about the death that records--
(a) the cause of death as the disease, illness
or medical condition that was the
grounds for a person to access
voluntary assisted dying; and
(b) in the case that the Registrar is notified
in accordance with section 67(1)(a)(ii)
or (iii), that--
(i) the person was the subject of a
voluntary assisted dying permit,
and accessed voluntary assisted
dying by self-administering, or
being administered by the person's
co-ordinating medical practitioner
the voluntary assisted dying
substance specified in the permit;
and
(ii) voluntary assisted dying was the
manner of death.
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120 New section 40A inserted
After section 40 of the Births, Deaths and
Marriages Registration Act 1996 insert--
"40A Notification of death to Voluntary
Assisted Dying Review Board
If the Registrar registers a death in
accordance with section 40(1A), the
Registrar must notify the Voluntary
Assisted Dying Review Board within
the meaning of the Voluntary
Assisted Dying Act 2017 of--
(a) the registration of the death; and
(b) the information provided to
the Registrar in accordance
with section 67 of the Voluntary
Assisted Dying Act 2017.".
Division 2--Amendment of the Coroners Act 2008
121 Reportable death
After section 4(2) of the Coroners Act 2008
insert--
"(3) Despite subsection (2), the death of a
person who has been administered or
self-administered a voluntary assisted
dying substance within the meaning
of the Voluntary Assisted Dying
Act 2017 in accordance with that Act
is not a reportable death.
Note
1. Section 14 includes a power for a coroner to investigate
whether or not a death is a reportable death. If the death
of a person is or may be due to the self-administration
or administration of a voluntary assisted dying
substance within the meaning of the Voluntary
Assisted Dying Act 2017 other than in accordance
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with that Act, the coroner could investigate the death
under section 14.
2. Section 52(1) provides for a coroner to hold an inquest
into any death that the coroner is investigating.".
Division 3--Amendment of the Drugs, Poisons
and Controlled Substances Act 1981
122 Definitions
In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert the
following definitions--
"voluntary assisted dying permit has the same
meaning as it has in the Voluntary Assisted
Dying Act 2017;
voluntary assisted dying substance has the same
meaning as it has in the Voluntary Assisted
Dying Act 2017;".
123 Act not to derogate from provisions of certain other
Acts
In section 7 of the Drugs, Poisons and
Controlled Substances Act 1981, after
"Cannabis Act 2016," insert "the Voluntary
Assisted Dying Act 2017,".
124 Persons authorized to have possession etc. of poisons
or controlled substances
After section 13(6) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(7) If a registered medical practitioner obtains,
has in the registered medical practitioner's
possession, uses, supplies, sells or
administers a voluntary assisted dying
substance to a person who is the subject
of a voluntary assisted dying permit in
accordance with the Voluntary Assisted
Dying Act 2017 in the lawful practice of the
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registered medical practitioner's profession
as a registered medical practitioner, the
obtaining, possession, use, supply, selling
or administration is, for the purposes of
subsection (1)--
(a) taken to be the obtaining, possession,
use, supply, selling or administration in
the lawful practice of the practitioner's
profession by the registered medical
practitioner; and
(b) authorised by this Act.
(8) If a pharmacist obtains, has in the
pharmacist's possession, sells or supplies
a voluntary assisted dying substance to a
person who is the subject of a voluntary
assisted dying permit in accordance with the
Voluntary Assisted Dying Act 2017 for use
by the person in the lawful practice of the
pharmacist's profession as a pharmacist, the
obtaining, possession, sale or supply is, for
the purposes of subsection (1)--
(a) taken to be the obtaining, possession,
sale or supply in the lawful practice
of the pharmacist's profession by the
pharmacist; and
(b) authorised by this Act.".
125 Effect of this Division
In section 36C of the Drugs, Poisons and
Controlled Substances Act 1981, after
"Act or the Regulations" insert "or the
Voluntary Assisted Dying Act 2017 or the
regulations under that Act".
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126 Administration of drugs of dependence, Schedule 9
poisons, Schedule 8 poisons and Schedule 4 poisons
in aged care services
(1) In section 36E of the Drugs, Poisons and
Controlled Substances Act 1981, for "A person
who" substitute "Subject to subsection (2), a
person who".
(2) At the end of section 36E of the Drugs, Poisons
and Controlled Substances Act 1981 insert--
"(2) Subsection (1) does not apply to the
management of the administration of any
voluntary assisted dying substance specified
in a voluntary assisted dying permit to a
resident in an aged care service who is the
subject of that permit.".
127 Inspections
(1) In section 42(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after
"manufacturing licence)" insert "or the
Voluntary Assisted Dying Act 2017 and
the regulations under that Act".
(2) After section 42(1)(ab) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(ac) enter upon any premises (other than
residential premises) occupied by any
person authorised by or under the Voluntary
Assisted Dying Act 2017 or the regulations
under that Act to have in that person's
possession any voluntary assisted dying
substance;".
(3) In section 42(1)(e) of the Drugs, Poisons and
Controlled Substances Act 1981, after
"manufacturing licence)" insert "or the
Voluntary Assisted Dying Act 2017".
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128 Trafficking in a drug or drugs of dependence--large
commercial quantity
In section 71(1) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
129 Trafficking in a drug or drugs of dependence--
commercial quantity
In section 71AA of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
130 Trafficking in a drug of dependence
(1) In section 71AC(1) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
(2) In section 71AC(2) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
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Assisted Dying Act 2017 or the regulations under
that Act".
131 Possession of substance, material, documents or
equipment for trafficking in a drug of dependence
In section 71A(1) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
132 Permitting use of premises for trafficking or
cultivation of drug of dependence
In section 72D(1) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
133 Possession of a drug of dependence
(1) In section 73(1) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
(2) In section 73(2) of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
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or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
134 Introduction of a drug of dependence into the body
of another person
In section 74 of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
135 Use of drug of dependence
In section 75 of the Drugs, Poisons and
Controlled Substances Act 1981, for "or the
Access to Medicinal Cannabis Act 2016 or
the regulations under that Act" substitute
", the Access to Medicinal Cannabis Act 2016
or the regulations under that Act or the Voluntary
Assisted Dying Act 2017 or the regulations under
that Act".
136 Obtaining drugs of dependence etc. by false
representation
In section 78(a), (b) and (d) of the Drugs,
Poisons and Controlled Substances Act 1981,
for "or the Access to Medicinal Cannabis
Act 2016 or the regulations under that Act"
substitute ", the Access to Medicinal Cannabis
Act 2016 or the regulations under that Act or the
Voluntary Assisted Dying Act 2017 or the
regulations under that Act".
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137 List of licences and permits
(1) In section 118(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after
"under this Act" insert "or the Voluntary
Assisted Dying Act 2017".
(2) In section 118(3) of the Drugs, Poisons
and Controlled Substances Act 1981, for
"The Secretary" substitute "Subject to
subsection (3A), the Secretary".
(3) After section 118(3) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(3A) The Secretary must not make a copy of the
list available for inspection by members of
the public unless any information about a
voluntary assisted dying permit or any other
authorisation under the Voluntary Assisted
Dying Act 2017 has been omitted from the
list.".
138 Regulations
After section 129(1)(f) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(fa) regulating the issue of prescriptions or
orders or classes of prescriptions or orders
by registered medical practitioners and the
dispensing or disposal by a pharmacist of
any prescriptions, orders or classes of
prescriptions or orders for a voluntary
assisted dying substance;".
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Division 4--Amendment of the
Health Records Act 2001
139 Definitions
In section 3(1) of the Health Records Act 2001,
in the definition of health service--
(a) after paragraph (ca) insert--
"(cb) the sale or supply of a voluntary
assisted dying substance within the
meaning of the Voluntary Assisted
Dying Act 2017 in accordance with
that Act by a pharmacist registered
under the Health Practitioner
Regulation National Law to practise
in the pharmacy profession (other than
as a student); or
(cc) the supply or administration of a
voluntary assisted dying substance
within the meaning of the Voluntary
Assisted Dying Act 2017 in
accordance with that Act by a
registered medical practitioner; or";
(b) in paragraph (d), for "(c) or (ca)" substitute
"(c), (ca), (cb) or (cc)".
Division 5--Amendment of the Medical Treatment
Planning and Decisions Act 2016
140 New section 8A inserted
After section 8 of the Medical Treatment
Planning and Decisions Act 2016 insert--
"8A Act does not apply to decisions about
voluntary assisted dying
Nothing in this Act authorises the making
of either of the following with respect to
voluntary assisted dying within the meaning
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of the Voluntary Assisted Dying
Act 2017--
(a) a statement in an advance care
directive;
(b) a decision by a medical treatment
decision maker.".
Division 6--Amendment of the
Pharmacy Regulation Act 2010
141 Definitions
In section 3(1) of the Pharmacy Regulation
Act 2010, for the definition of prescription
substitute--
"prescription includes--
(a) a patient medicinal cannabis access
authorisation within the meaning of
the Access to Medicinal Cannabis
Act 2016; and
(b) a voluntary assisted dying permit
within the meaning of the Voluntary
Assisted Dying Act 2017;".
142 Disclosure of information to other agencies
In section 107(1) of the Pharmacy Regulation
Act 2010--
(a) in paragraph (c)(ii), for "that Act;"
substitute "that Act; or";
(b) after paragraph (c)(ii) insert--
"(iii) the Voluntary Assisted Dying
Act 2017 and the regulations made
under that Act;".
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Division 7--Repeal of amending Part
143 Repeal of amending Part
This Part is repealed on the first anniversary
of the first day on which all of the provisions
of this Act are in operation.
Note
The repeal of this Part does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Schedule 1--Forms
FORM 1
Section 21
FIRST ASSESSMENT REPORT FORM
Instructions for completing this form
This form is to be completed by the co-ordinating medical practitioner for a
person who has made a first request for access to voluntary assisted dying.
The co-ordinating medical practitioner is required under the Voluntary
Assisted Dying Act 2017 to conduct a first assessment of a person who has
made a first request.
Use this form to--
(a) notify the Board that the person has made a first request; and
(b) report to the Board the outcome of the first assessment of
the person.
Do not complete this form unless you are a registered medical practitioner
who is a fellow of a specialist medical college or a vocationally registered
general practitioner, and you have completed the approved assessment
training.
You must give a copy of this form to the Board within 7 days after
completing the first assessment, whether or not you have assessed the person
as eligible for access to voluntary assisted dying.
Part A--Details of person who has been assessed
Full name:
Date of birth:
Address:
Contact telephone number:
Part B--Co-ordinating medical practitioner details
Full name:
Practice address:
Practice telephone number:
Email address:
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I am a--
fellow of a specialist medical college
vocationally registered general practitioner
Year *fellowship awarded/vocational registration granted:
Date approved assessment training last completed:
Co-ordinating medical practitioner's relevant expertise and experience in the
person's disease, illness or medical condition (if any)
[Insert details and specify disease, illness or medical condition]
Part C--First request
Date on which person requesting access made first request for access to
voluntary assisted dying:
Part D--First assessment report
Instructions for completing this Part
If you have assessed the person as eligible for access to voluntary assisted
dying--complete section 1 only.
If you have assessed the person as ineligible for access to voluntary assisted
dying--complete section 2 only.
Section 1: person assessed as eligible
I, [insert co-ordinating medical practitioner's name], have completed an
assessment of [insert name of person being assessed] and I am satisfied that
[insert name of person being assessed]--
(a) is aged 18 years or more; and
(b) is an Australian citizen or permanent resident, and
is ordinarily resident in Victoria and was ordinarily
resident in Victoria for at least 12 months at the time
of making a first request; and
(c) has decision-making capacity in relation to voluntary
assisted dying; and
(d) has been diagnosed with a disease, illness or medical
condition that--
(i) is incurable; and
(ii) is advanced, progressive and will cause death; and
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(iii) is expected to cause death within weeks or months,
not exceeding 6 months or, in the case of a disease,
illness or medical condition that is neurodegenerative,
not exceeding 12 months; and
(iv) is causing suffering to the person that cannot be
relieved in a manner that the person considers
tolerable.
Details of person's diagnosis and prognosis
[Insert details]
Was a referral required for a specialist opinion regarding decision-making
capacity?
Yes
No
If the referral was required, provide details of the referral
[Insert details of referral]
Was a referral required for a specialist opinion in relation to the person's
disease, illness or medical condition?
Yes
No
If a referral was required, provide details of the referral
[Insert details of referral]
Was a referral required for a specialist opinion in relation to whether the
person's disease, illness or medical condition was a disease, illness or medical
condition that is neurodegenerative that would cause death and was expected
to cause death between 6 and 12 months?
Yes
No
If a referral was required, provide details of the referral and attach a clinical
report from that specialist.
I have provided the person being assessed with the following information and
I am satisfied that the person understands this information--
(a) the person's diagnosis and prognosis;
(b) the treatment options available to the person and the likely
outcomes of that treatment;
(c) palliative care options available to the person and the likely
outcomes of that care;
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(d) the potential risks of taking a poison or controlled substance
or a drug of dependence likely to be prescribed under this
Act for the purposes of causing the person's death;
(e) that the expected outcome of taking a poison or controlled
substance or a drug of dependence likely to be prescribed
under this Act is death;
(f) that the person may decide at any time not to continue the
request and assessment process;
(g) that if the person is receiving ongoing health services from a
registered medical practitioner other than the co-ordinating
medical practitioner, the person is encouraged to inform the
registered medical practitioner of the person's request to
access voluntary assisted dying.
To the best of my knowledge the person informed the relevant registered
medical practitioner of the person's request to access voluntary assisted
dying--
Yes
No
If No, why not?
[Specify reasons]
I have, with the consent of the person, taken all reasonable steps to fully
explain to a member of the family of the person, all relevant clinical
guidelines; and a plan in respect of the self-administration of a voluntary
assisted dying substance for the purpose of causing death.
I am satisfied that the person being assessed is acting voluntarily and without
coercion, and that the person's request for access to voluntary assisted dying
is enduring.
[Attach necessary supporting material demonstrating that the person satisfies
all the eligibility criteria.]
Signed
Signature of co-ordinating medical practitioner
Date
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Instructions to co-ordinating medical practitioner on assessing person as
eligible
If you have assessed the person as eligible for access to voluntary assisted
dying, you as the co-ordinating medical practitioner must refer the person to
another registered medical practitioner for a consulting assessment.
If the consulting medical practitioner assesses the person as eligible for
access to voluntary assisted dying, you are required to perform the remaining
tasks of co-ordinating medical practitioner in relation to the request and
assessment process (see Divisions 3 to 6 of Part 3 of the Voluntary Assisted
Dying Act 2017). If, on completion of the final review, you certify that the
request and assessment process has been completed, you as the co-ordinating
medical practitioner are required to apply for a voluntary assisted dying
permit and perform the other tasks required of the co-ordinating medical
practitioner, set out in Parts 4 and 5 of the Voluntary Assisted Dying
Act 2017.
Section 2: person assessed as ineligible
I, [insert co-ordinating medical practitioner's name] have completed an
assessment of [insert name of person being assessed] and I am not satisfied
that [insert name of person being assessed] is eligible for access to voluntary
assisted dying.
The person does not satisfy the following requirements of section 20(1) of the
Voluntary Assisted Dying Act 2017
[State relevant eligibility criteria or other requirements of section 20(1)
that have not been satisfied. Attach any necessary supporting material
demonstrating that the person does not satisfy those criteria or
requirements.]
Signed
Signature of co-ordinating medical practitioner
Date
*delete if inapplicable
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FORM 2
Section 30
CONSULTING ASSESSMENT REPORT FORM
Instructions for completing this form
This form is to be completed by a consulting medical practitioner who has
conducted a consulting assessment of a person who has made a first request
for access to voluntary assisted dying.
Use this form to report to the Board the outcome of the consulting assessment
of the person.
Do not complete this form unless you are a registered medical practitioner
who is a fellow of a specialist medical college or a vocationally registered
general practitioner and you have completed the approved assessment
training.
You must give a copy of this form to the Board within 7 days after
completing the consulting assessment, whether or not you have assessed the
person as eligible for access to voluntary assisted dying.
You must also give a copy of this form to the co-ordinating medical
practitioner.
Part A--Details of person who has been assessed
Full name:
Date of birth:
Address:
Contact telephone number:
Part B--Consulting medical practitioner details
Full name:
Practice address:
Practice telephone number:
Email address:
I am a--
fellow of a specialist medical college
vocationally registered general practitioner.
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Year *fellowship awarded/vocational registration granted:
Date approved assessment training last completed:
Consulting medical practitioner's relevant expertise and experience in the
person's disease, illness or medical condition (if any):
[Insert details and specify disease, illness or medical condition]
Part C--Consulting assessment report
Instructions for completing this Part
If you have assessed the person as eligible for access to voluntary assisted
dying--complete section 1 only.
If you have assessed the person as ineligible for access to voluntary assisted
dying--complete section 2 only.
Section 1: person assessed as eligible
I, [insert consulting medical practitioner's name], have completed an
assessment of [insert name of person being assessed] and I am satisfied
that [insert name of person being assessed]--
(a) is aged 18 years or more; and
(b) is an Australian citizen or permanent resident, and is
ordinarily resident in Victoria and was ordinarily resident
in Victoria for at least 12 months at the time of making a
first request; and
(c) has decision-making capacity in relation to voluntary
assisted dying; and
(d) has been diagnosed with a disease, illness or medical
condition that--
(i) is incurable; and
(ii) is advanced, progressive and will cause death; and
(iii) is expected to cause death within weeks or months,
not exceeding 6 months or, in the case of a disease,
illness or medical condition that is neurodegenerative,
not exceeding 12 months; and
(iv) is causing suffering to the person that cannot be
relieved in a manner that the person considers
tolerable.
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Details of person's diagnosis and prognosis
[Insert details]
Was a referral required for a specialist opinion regarding decision-making
capacity?
Yes
No
If the referral was required, provide details of the referral
[Insert details of referral]
Was a referral required for a specialist opinion in relation to the person's
disease, illness or medical condition?
Yes
No
If the referral was required, provide details of the referral
[Insert details of referral]
I have provided the person being assessed with the following information and
I am satisfied that the person understands this information--
(a) the person's diagnosis and prognosis;
(b) the treatment options available to the person and the likely
outcomes of that treatment;
(c) palliative care options available to the person and the likely
outcomes of that care;
(d) the potential risks of taking a poison or controlled substance
or a drug of dependence likely to be prescribed under this
Act for the purposes of causing the person's death;
(e) that the expected outcome of taking a poison or controlled
substance or a drug of dependence likely to be prescribed
under this Act is death;
(f) that the person may decide at any time not to continue the
request and assessment process;
(g) that if the person is receiving ongoing health services from a
registered medical practitioner other than the co-ordinating
medical practitioner, the person is encouraged to inform the
registered medical practitioner of the person's request to
access voluntary assisted dying.
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To the best of my knowledge the person informed the relevant registered
medical practitioner of the person's request to access voluntary assisted
dying--
Yes
No
If No, why not?
[Specify reasons]
I am satisfied that the person being assessed is acting voluntarily and without
coercion, and that the person's request for access to voluntary assisted dying
is enduring.
[Attach necessary supporting material demonstrating that the person satisfies
all the eligibility criteria.]
Signed
Signature of consulting medical practitioner
Date
Section 2: person assessed as ineligible
I, [insert consulting medical practitioner's name] have completed an
assessment of [insert name of person being assessed] and I am not satisfied
that [insert name of person being assessed] is eligible for access to voluntary
assisted dying.
The person does not satisfy the following requirements of section 29(1) of the
Voluntary Assisted Dying Act 2017
[State relevant eligibility criteria or other requirements of section 29(1)
that have not been satisfied. Attach any necessary supporting material
demonstrating that the person does not satisfy those criteria or
requirements.]
Signed
Signature of consulting medical practitioner
Date
*delete if inapplicable
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FORM 3
Section 34
WRITTEN DECLARATION
I [insert name of person making declaration]
of [insert address of person making declaration]
request access to voluntary assisted dying under the Voluntary Assisted
Dying Act 2017. I am advised that I have been assessed as eligible for access
to voluntary assisted dying by my co-ordinating medical practitioner and a
consulting medical practitioner.
I make this declaration voluntarily and without coercion.
I understand the nature and effect of this declaration, being that if I meet
the requirements of the Voluntary Assisted Dying Act 2017 I will be
prescribed a voluntary assisted dying substance, and I expect to die when I
self-administer or I am administered that substance.
If I am not physically capable of self-administration or digestion of
the voluntary assisted dying substance, only my coordinating medical
practitioner may administer the voluntary assisted dying substance to me.
Signed
Signature of person making declaration or signing on that person's behalf
Signature of witness 1
Signature of witness 2
Signature of co-ordinating medical practitioner
Date
Note--signing on behalf of person making the declaration
If the person making the declaration is unable to sign it another person may
sign the declaration on that person's behalf, at that person's direction and in
that person's presence. The person who signs the declaration must be aged
18 years or more and must not witness the declaration.
Note regarding witnesses
Not more than one witness may be a family member of the person making the
declaration--see section 35(3) of the Voluntary Assisted Dying Act 2017.
A family member means a person who is a spouse or domestic partner,
parent, sibling, child or grandchild of the person making the declaration.
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Witness certification--complete this section if declaration signed by
person making it
I, [name of witness 1]
of [insert address of witness 1] certify--
(a) that, in my presence, the person making the declaration
appeared to freely and voluntarily sign the declaration; and
(b) that, at the time the person signed the declaration the person
appeared to have decision-making capacity in relation to
voluntary assisted dying; and
(c) that, at the time the person signed the declaration, the person
appeared to understand the nature and effect of making the
declaration; and
(d) that I am aged 18 years or more; and
(e) that I am not knowingly--
(i) a beneficiary under a will of the person making the
declaration; or
(ii) a person who may otherwise benefit financially or in
any other material way from the death of the person
making the declaration; or
(iii) an owner of, or a person responsible for the
day-to-day operation of, any health facility at
which--
(A) the person making the declaration is being
treated; or
(B) the person making the declaration resides; or
(iv) directly involved in providing health services or
professional care services to the person making the
declaration.
Signed
Signature of witness 1
I, [name of witness 2]
of [insert address of witness 2] certify--
(a) that, in my presence, the person making the declaration
appeared to freely and voluntarily sign the declaration; and
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(b) that, at the time the person signed the declaration the person
appeared to have decision-making capacity in relation to
voluntary assisted dying; and
(c) that, at the time the person signed the declaration, the person
appeared to understand the nature and effect of making the
declaration; and
(d) that I am aged 18 years or more; and
(e) that I am not knowingly--
(i) a beneficiary under a will of the person making the
declaration; or
(ii) a person who may otherwise benefit financially or in
any other material way from the death of the person
making the declaration; or
(iii) an owner of, or a person responsible for the
day-to-day operation of, any health facility at
which--
(A) the person making the declaration is being
treated; or
(B) the person making the declaration resides; or
(iv) directly involved in providing health services or
professional care services to the person making the
declaration.
Signed
Signature of witness 2
Witness certification--complete this section if another person signed
declaration on behalf of person making it
I, [name of witness 1]
of [insert address of witness 1] certify--
(a) that, in my presence, the person making the declaration
appeared to freely and voluntarily direct the other person
to sign the declaration; and
(b) that, in my presence and in the presence of the person
making the declaration, the other person signed the
declaration; and
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(c) that, at the time the other person signed the declaration, the
person making it appeared to have decision-making capacity
in relation to voluntary assisted dying; and
(d) that, at the time the other person signed the declaration, the
person making the declaration appeared to understand the
nature and effect of making the declaration; and
(e) that I am aged 18 years or more; and
(f) that I am not knowingly--
(i) a beneficiary under a will of the person making the
declaration; or
(ii) a person who may otherwise benefit financially or in
any other material way from the death of the person
making the declaration; or
(iii) an owner of, or a person responsible for the
day-to-day operation of, any health facility at
which--
(A) the person making the declaration is being
treated; or
(B) the person making the declaration resides; or
(iv) directly involved in providing health services or
professional care services to the person making the
declaration.
Signed
Signature of witness 1
I, [name of witness 2]
of [insert address of witness 2] certify--
(a) that, in my presence, the person making the declaration
appeared to freely and voluntarily direct the other person
to sign the declaration; and
(b) that, in my presence and in the presence of the person
making the declaration, the other person signed the
declaration; and
(c) that, at the time the other person signed the declaration, the
person making it appeared to have decision-making capacity
in relation to voluntary assisted dying; and
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(d) that, at the time the other person signed the declaration, the
person making the declaration appeared to understand the
nature and effect of making the declaration; and
(e) that I am aged 18 years or more; and
(f) that I am not knowingly--
(i) a beneficiary under a will of the person making the
declaration; or
(ii) a person who may otherwise benefit financially or in
any other material way from the death of the person
making the declaration; or
(iii) an owner of, or a person responsible for the
day-to-day operation of, any health facility at
which--
(A) the person making the declaration is being
treated; or
(B) the person making the declaration resides; or
(iv) directly involved in providing health services or
professional care services to the person making the
declaration.
Signed
Signature of witness 2
Interpreter certification--complete this section if declaration was made
with the assistance of an interpreter
I, [insert name of interpreter] certify that--
(a) I provided a true and correct translation of any material
translated; and
(b) I am an interpreter accredited by [insert name of accrediting
body]; and
(c) I am not a family member of the person making the
declaration; and
(d) I am not knowingly--
(i) a beneficiary under a will of the person making the
declaration; or
(ii) a person who may otherwise benefit financially or in
any other material way from the death of the person
making the declaration; or
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(iii) an owner of, or a person responsible for
day-to-day operation of, any health facility at
which--
(A) the person making the declaration is being
treated; or
(B) the person making the declaration resides; or
(iv) directly involved in providing health services or
professional care services to the person making the
declaration.
Signed
Signature of interpreter
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FORM 4
Section 40
CONTACT PERSON APPOINTMENT FORM
I, [insert name of person making the appointment]
of [insert address of person making appointment]
appoint [insert name of contact person]
of [insert address of contact person]
to be my contact person for the purposes of the Voluntary Assisted Dying
Act 2017.
Signed
Signature of person making appointment or signing on that person's behalf
Date
Note--signing on behalf of person making this appointment
If the person making the appointment is unable to sign it another person may
sign this appointment on that person's behalf, at that person's direction and in
that person's presence. The person who signs the appointment must be aged
18 years or more, and must not be the contact person or a witness to this
appointment.
Contact person's acceptance of appointment
I [insert name of contact person] accept the appointment as contact person
and understand that this will require me to return any unused or remaining
voluntary assisted dying substance to the place of dispensing either at the
request of the person making the appointment, or that I know is unused or
remaining after the person dies. I understand that it is an offence to fail to
return, within 15 days after the death of the person, any voluntary assisted
dying substance that I know is unused or remaining.
I also understand that the Voluntary Assisted Dying Review Board may
contact me to request information.
Signed
Signature of contact person
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Witness certification--complete this section if appointment form signed
by person making the appointment
I, [insert name of witness]
of [insert address of witness] certify that this appointment form was signed
by the person making the appointment in my presence.
Signed
Signature of witness
Witness certification--complete this section if another person signed
appointment form on behalf of person making the appointment
I, [insert name of witness]
of [insert address of witness] certify that this appointment form was signed
in my presence by the other person, at the direction of the person making the
appointment.
Signed
Signature of witness
Interpreter certification--complete this section if appointment was made
with the assistance of an interpreter
I, [insert name of interpreter] certify that--
(a) I provided a true and correct translation of any material
translated; and
(b) I am an interpreter accredited by [insert name of accrediting
body]; and
(b) I am not a family member of the person making the
appointment; and
(c) I am not knowingly--
(i) a beneficiary under a will of the person making the
appointment; or
(ii) a person who may otherwise benefit financially or in
any other material way from the death of the person
making the appointment; or
(iii) an owner of, or a person responsible for the day to day
operation of, any health facility at which--
(A) the person making the appointment is being
treated; or
(B) the person making the appointment resides; or
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(iv) directly involved in providing health services or
professional care services to the person making the
appointment.
Signed
Signature of interpreter
Contact person's contact details
Contact telephone number:
Email address:
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FORM 5
Section 41
FINAL REVIEW FORM
Instructions for completing this form
This form is to be completed by the co-ordinating medical practitioner for a
person who has made a final request.
Use this form to review and certify whether the request and assessment
process has been completed in accordance with the requirements of the
Voluntary Assisted Dying Act 2017.
You must not apply for a voluntary assisted dying permit unless you certify
that the request and assessment process has been completed in accordance
with the requirements of the Voluntary Assisted Dying Act 2017.
You must complete this form and give it to the Board whether or not you
certify that the request and assessment process has been completed as
required by the Voluntary Assisted Dying Act 2017.
You must attach to this form copies of the following documents--
(a) the first assessment report form;
(b) all consulting assessment report forms;
(c) the written declaration;
(d) the contact person appointment form.
You must give a copy of this form and all required copies of documents to
the Board within 7 days of completing this form.
Details of person who has requested access to voluntary assisted dying
and is subject of the final review
Full name:
Date of birth:
Address:
Contact telephone number:
Co-ordinating medical practitioner details
Full name:
Practice address:
Practice telephone number:
Email address:
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Part A--Details of request and assessment process
First assessment
Date on which first assessment was completed:
Does the first assessment assess the person as eligible for access to voluntary
assisted dying?
Yes
No--you must not certify the request and assessment process.
Please attach copy of first assessment report form.
Consulting assessment
Does a consulting assessment assess the person as eligible for access to
voluntary assisted dying?
Yes
No--you must not certify the request and assessment process.
Please attach copy of consulting assessment report form.
Full name of consulting medical practitioner who assessed the person as
eligible for access to voluntary assisted dying:
Practice address:
Practice telephone number:
Email address:
Date on which consulting assessment was completed:
If more than one consulting assessment was conducted, please attach copies
of all other consulting assessment report forms.
Minimum requirements for co-ordinating medical practitioner and
consulting medical practitioner who assessed person as eligible for
access to voluntary assisted dying
In relation to the co-ordinating medical practitioner and the consulting
medical practitioner who assessed the person as eligible for access to
voluntary assisted dying--
Are both the co-ordinating medical practitioner and the consulting medical
practitioner fellows of a specialist medical college or vocationally registered
general practitioners?
Yes [specify qualifications held by each practitioner]
No--you must not certify the request and assessment process.
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Did both the co-ordinating medical practitioner and the consulting medical
practitioner complete the approved assessment training before commencing
the relevant assessment?
Yes [specify date on which each practitioner completed the training]
No--you must not certify the request and assessment process.
Does the co-ordinating medical practitioner or the consulting medical
practitioner have relevant expertise and experience in the person's disease,
illness or medical condition?
Yes, *the co-ordinating medical practitioner/the consulting medical
practitioner [specify which]
No, neither the co-ordinating medical practitioner nor the consulting
medical practitioner--you must not certify the request and assessment
process.
Does the co-ordinating medical practitioner or the consulting medical
practitioner have at least 5 years of experience post fellowship or vocational
registration?
Yes, *the co-ordinating medical practitioner/the consulting medical
practitioner [specify which]
No, neither the co-ordinating medical practitioner nor the consulting
medical practitioner--you must not certify the request and assessment
process.
Written declaration
Date of written declaration:
Has the written declaration been signed by or on behalf of the person making
the declaration in accordance with the Act?
Yes
No--you must not certify the request and assessment process.
Has the declaration been witnessed in accordance with the Act by
2 witnesses?
Yes
No--you must not certify the request and assessment process.
Attach copy of written declaration.
Final request
Date of first request:
Date of final request:
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Was the final request made at least one day after the day on which the
consulting assessment was completed?
Yes
No--you must not certify the request and assessment process.
The final request was made at least 9 days after the day on which the
person made a first request.
OR
The final request was made less than 9 days after the day on which the
person made the first request, and--
(a) at time of making the final request, I considered that the
person's death was likely to occur within 9 days, and
(b) this assessment was consistent with the prognosis of the
consulting medical practitioner who assessed the person
as eligible for access to voluntary assisted dying.
Contact person
Has a contact person been appointed in accordance with sections 39 and 40 of
the Act?
Yes
No--you must not certify the request and assessment process.
Date of appointment:
Has the contact person appointment form been signed by or on behalf of the
person making the appointment in accordance with the Act?
Yes
No--you must not certify the request and assessment process.
Has the contact person appointment form been signed by the contact person?
Yes
No--you must not certify the request and assessment process.
Has the contact person appointment form been witnessed in accordance with
the Act by one witness?
Yes
No--you must not certify the request and assessment process.
Attach copy of contact person appointment form.
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Based on the information provided above and in the attached forms, has the
person been assessed as eligible for access to voluntary assisted dying AND
have all requirements of the request and assessment process been completed
as required by the Voluntary Assisted Dying Act 2017?
Yes--complete certification in Part B.
No--you must not certify the request and assessment process. Do not
complete certification in Part B.
Part B--Certification of co-ordinating medical practitioner
I, [insert name of co-ordinating medical practitioner] certify that the request
and assessment process in respect of [insert name of person requesting
access to voluntary assisted dying who is the subject of the final review] has
been completed as required by the Voluntary Assisted Dying Act 2017.
Signed
Signature of co-ordinating medical practitioner
Date
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FORM 6
Section 60
VOLUNTARY ASSISTED DYING
SUBSTANCE DISPENSING FORM
Instructions for completing this form
Use this form to record that a voluntary assisted dying substance has been
dispensed on prescription (and provide the details of that prescription) for a
person who is the subject of a self-administration permit, and to certify that
the required information was given to the person to whom it was dispensed
and the labelling statement attached to the voluntary assisted dying substance
package or container.
Part A--Pharmacist details
Full name:
Dispensing pharmacy name:
Dispensing pharmacy telephone number:
Place of dispensation:
Part B--Person dispensed the voluntary assisted dying substance
Full name of person named on the prescription:
Address of the person:
Date of birth of the person:
Part C--Prescription details
Prescription authority number (or equivalent):
Date the voluntary assisted dying substance dispensed:
I, [insert pharmacist's name] confirm that I have instructed the person to
whom the voluntary assisted dying substance was dispensed in accordance
with section 58 of the Voluntary Assisted Dying Act 2017 of the following
matters--
(a) how to self-administer the voluntary assisted dying
substance;
(b) that the voluntary assisted dying substance must be stored in
a locked box that satisfies the prescribed specifications;
(c) that the person is not under any obligation to self-administer
the voluntary assisted dying substance;
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(d) that the person or the relevant contact person must return to
a pharmacist at the dispensing pharmacy for disposal any
dispensed voluntary assisted dying substance:
(i) that the person has decided to not self-administer; or
(ii) that was not self-administered by the person.
I, [insert pharmacist's name] confirm that I attached a label to the voluntary
assisted dying substance package or container in the prescribed form in
accordance with section 59 of the Voluntary Assisted Dying Act 2017.
Signature
You must give a copy of this form to the Board within 7 days after
dispensing the voluntary assisted dying substance.
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FORM 7
Section 63
VOLUNTARY ASSISTED DYING
SUBSTANCE DISPOSAL FORM
Instructions for completing this form
Use this form to record that a voluntary assisted dying substance has been
returned to the dispensing pharmacy by a person who is the subject of a
self-administration permit or their contact person and that it has been
destroyed as soon as practicable after its return.
Part A--Pharmacist details
Full name:
Dispensing pharmacy name:
Dispensing pharmacy telephone number:
Place of dispensation:
Part B--Person dispensed the voluntary assisted dying substance
Full name of person named on the prescription:
Address of the person:
Date of birth of the person:
Part C--Person or contact person who returned the voluntary assisted
dying substance
Full name:
Address of the person:
Contact telephone number:
Email address:
Part D--Prescription details
Prescription authority number (or equivalent):
Date the voluntary assisted dying substance dispensed:
Date the voluntary assisted dying substance returned:
Voluntary assisted dying substance returned and quantity:
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I, [insert pharmacist's name] confirm that the voluntary assisted dying
substance dispensed to [insert person's name] was returned to me, and that
in accordance with section 62 of the Voluntary Assisted Dying Act 2017
as soon as practicable after receiving it, I disposed of it.
Signature
You must give a copy of this form to the Board within 7 days after disposing
of the voluntary assisted dying substance.
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FORM 8
Sections 65 and 66
CO-ORDINATING MEDICAL PRACTITIONER
ADMINISTRATION FORM
Instructions for completing this form
Use this form to record a person's administration request and to certify that
the person had decision-making capacity in relation to voluntary assisted
dying when the person made the administration request, that the person's
request for access to voluntary assisted dying appeared to be enduring and
made voluntarily without coercion, and that the person was physically
incapable of the self-administration or digestion of the voluntary assisted
dying substance.
Further, the purpose of this form is for a witness to the administration of the
voluntary assisted dying substance to state that the co-ordinating medical
practitioner administered the voluntary assisted dying substance to the
person.
Only the co-ordinating medical practitioner for a person is authorised by the
Voluntary Assisted Dying Act 2017 to administer the voluntary assisted
dying substance to the person in accordance with the Voluntary Assisted
Dying Act 2017.
Part A--Co-ordinating medical practitioner details
Full name:
Practice address:
Practice telephone number:
Email address:
Part B--Details of person making the administration request
Full name:
Date of birth:
Address:
Contact telephone:
Part C--Administration request details
I, [insert co-ordinating medical practitioner's name] received an
administration request made in accordance with section 64 of the
Voluntary Assisted Dying Act 2017 [insert name of person who
made the administration request] on [insert date that the
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administration request was made] at [insert time at which the administration
request was made].
Part D--Certification by co-ordinating medical practitioner
Instructions for completing this Part
If you have accepted the person's administration request--complete section 1
only.
If you have refused the person's administration request--complete section 2
only.
Section 1: person's administration request accepted
I certify that, [insert the person's name] was physically incapable of the
self-administration or digestion of the voluntary assisted dying substance.
I certify that their request to access voluntary assisted dying was enduring
and made voluntarily and without coercion and that at the time of making
the administration request they had decision-making capacity in relation to
voluntary assisted dying.
Signature
Reason the person was physically incapable of the self-administration or
digestion of the voluntary assisted dying substance:
[Insert details]
Section 2: person's administration request refused
I certify that, [insert the person's name] at the time of making an
administration request to me did not satisfy me of a matter under
section 64(1) of the Voluntary Assisted Dying Act 2017 [insert details
of the matter not satisfied] and I refused the administration request.
Signature
Reason the person did not satisfy a matter under section 64(1) of the
Voluntary Assisted Dying Act 2017
[Insert details]
Part E--Witness certification
Instructions for completing this Part
Complete this Part if you witnessed the making of an administration
request and the administration of the voluntary assisted dying substance
to the person.
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I, [insert name of witness] certify that I witnessed the person make the
administration request and at the time of making the administration request--
(a) that the person appeared to have decision-making capacity
in relation to voluntary assisted dying; and
(b) the person in requesting access to voluntary assisted dying
appeared to be acting voluntarily and without coercion; and
(c) that the person's request to access voluntary assisted dying
appeared to be enduring.
Signed
Signature of witness
I, [insert name of witness] state that the co-ordinating medical practitioner
[insert co-ordinating medical practitioner's name] administered the voluntary
assisted dying substance to the person.
Signed
Signature of witness
Part F--Administration details--co-ordinating medical practitioner to
complete
Date of administration of the voluntary assisted dying substance:
Route of administration of the voluntary assisted dying substance:
Time to unconsciousness:
Time to death:
Complications (if any):
You must give a copy of this form to the Board within 7 days after
administering the voluntary assisted dying substance to the person.
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to provide
for and regulate access to voluntary assisted dying, to establish the
Voluntary Assisted Dying Review Board, to make consequential
amendments to the Births, Deaths and Marriages Registration
Act 1996, the Coroners Act 2008, the Drugs, Poisons and Controlled
Substances Act 1981, the Health Records Act 2001, the Medical
Treatment Planning and Decisions Act 2016, the Pharmacy
Regulation Act 2010 and other Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
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