Victorian Numbered Acts

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VOLUNTARY ASSISTED DYING ACT 2017 (NO. 61 OF 2017)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Meaning of decision-making capacity  
   5.      Principles  
   6.      When may a person access voluntary assisted dying?  
   7.      Conscientious objection of registered health practitioners  
   8.      Voluntary assisted dying must not be initiated by registered health practitioner  

   PART 2--CRITERIA FOR ACCESS TO VOLUNTARY ASSISTED DYING

   9.      Eligibility criteria for access to voluntary assisted dying  

   PART 3--REQUESTING ACCESS TO VOLUNTARYASSISTED DYING AND ASSESSMENT OF ELIGIBILITY

   10.     Minimum requirements for co-ordinating medical practitioners and consulting medical practitioners  
   11.     Person may make first request to registered medical practitioner  
   12.     No obligation to continue after making first request  
   13.     Registered medical practitioner must accept or refuse first request  
   14.     Registered medical practitioner who accepts first request must record first request and acceptance  
   15.     Registered medical practitioner who accepts first request becomes co-ordinating medical practitioner  
   16.     Commencement of first assessment  
   17.     Co-ordinating medical practitioner must not commence first assessment unless approved assessment training completed  
   18.     Referral for specialist opinion  
   19.     Information to be provided if co-ordinating medical practitioner assesses person as meeting eligibility criteria  
   20.     Outcome of first assessment  
   21.     Recording and notification of outcome of first assessment  
   22.     Referral for consulting assessment if person assessed as eligible  
   23.     Registered medical practitioner must accept or refuse referral for a consulting assessment  
   24.     Registered medical practitioner who accepts referral becomes consulting medical practitioner  
   25.     Commencement of consulting assessment  
   26.     Consulting medical practitioner must not commence consulting assessment unless approved assessment training completed  
   27.     Referral for specialist opinion  
   28.     Information to be provided if consulting medical practitioner assesses person as meeting eligibility criteria  
   29.     Outcome of consulting assessment  
   30.     Recording and notification of outcome of consulting assessment  
   31.     Co-ordinating medical practitioner may refer person assessed as ineligible for further consulting assessment  
   32.     Co-ordinating medical practitioner may transfer role of co-ordinating medical practitioner  
   33.     Process for transfer of co-ordinating medical practitioner role  
   34.     Person assessed as eligible for access to voluntary assisted dying may make written declaration  
   35.     Witness to making of written declaration  
   36.     Certification of witness to signing of written declaration  
   37.     Person may make final request  
   38.     Final request to be made a certain time after first request and consulting assessment  
   39.     Contact person  
   40.     Formal requirements for appointment of contact person  
   41.     Final review by co-ordinating medical practitioner on receipt of final request  
   42.     Technical error not to invalidate request and assessment process  
   43.     Co-ordinating medical practitioner may apply for voluntary assisted dying permit on certification of request and assessment process on final review  
   44.     No obligation for person to continue after certification of request and assessment process on final review  

   PART 4--VOLUNTARY ASSISTED DYING PERMITS

   45.     What is authorised by self-administration permit?  
   46.     What is authorised by practitioner administration permit?  
   47.     Application for self-administration permit  
   48.     Application for practitioner administration permit  
   49.     Secretary to determine application for a voluntary assisted dying permit  
   50.     Operation of voluntary assisted dying permit  
   51.     Secretary may amend voluntary assisted dying permit  
   52.     Cancellation of self-administration permit  
   53.     Person may request co-ordinating medical practitioner apply for a practitioner administration permit  
   54.     Destruction of unfilled prescription by co-ordinating medical practitioner  
   55.     Return of any dispensed voluntary assisted dying substance  
   56.     Co-ordinating medical practitioner may apply for a practitioner administration permit  

   PART 5--ACCESSING VOLUNTARY ASSISTED DYING AND DEATH

   57.     Information to be given on prescribing a voluntary assisted dying substance  
   58.     Information to be given by pharmacist dispensing a prescribed voluntary assisted dying substance  
   59.     Labelling requirements for voluntary assisted dying substance  
   60.     Pharmacist to record and notify of voluntary assisted dying substance dispensed  
   61.     Secure storage of voluntary assisted dying substance  
   62.     Pharmacist at dispensing pharmacy to dispose of returned voluntary assisted dying substance  
   63.     Pharmacist at dispensing pharmacy to record and notify of disposal of returned voluntary assisted dying substance  
   64.     Person may make administration request  
   65.     Witness to administration request and administration of voluntary assisted dying substance  
   66.     Certification by co-ordinating medical practitioner following administration of voluntary assisted dying substance  
   67.     Notification of disease, illness or medical condition of person to the Registrar and Coroner  

   PART 6--REVIEW BY VCAT

   68.     Application for review of certain decisions by VCAT  
   69.     Notice requirements  
   70.     No further action to be taken in relation to access to voluntary assisted dying if application to VCAT in existence  
   71.     Application to VCAT for review taken to be withdrawn in certain circumstances  
   72.     Power of VCAT to make determinations  
   73.     Co-ordinating medical practitioner or consulting medical practitioner may refuse to continue process  
   74.     Interim and temporary orders  

   PART 7--NOTIFICATIONS AND PROTECTIONS FROM LIABILITY

   75.     Mandatory notification by registered health practitioner  
   76.     Mandatory notification by employer  
   77.     Voluntary notification by persons  
   78.     Protection from liability for persons making notifications  
   79.     Protection from criminal liability of person who assists or facilitates request for or access to voluntary assisted dying  
   80.     No liability for registered health practitioner who acts in accordance with this Act  
   81.     No liability for registered health practitioner or ambulance paramedic present after person administered voluntary assisted dying substance  
   82.     Section 463B of the Crimes Act 1958 does not apply  

   PART 8--OFFENCES

   83.     Offence not to comply with practitioner administration permit  
   84.     Offence for person to administer voluntary assisted dying substance to another person—self-administration permit  
   85.     Offence to induce another person to request voluntary assisted dying  
   86.     Offence to induce self-administration of a voluntary assisted dying substance  
   87.     Offence to falsify form or record  
   88.     Offence to make a false statement  
   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  
   90.     Offence to fail to give copies of forms to the Board  
   91.     Criminal liability of officers of body corporate—failure to exercise due diligence  

   PART 9--VOLUNTARY ASSISTED DYING REVIEW BOARD

   92.     Establishment of Voluntary Assisted Dying Review Board  
   93.     Functions and powers of the Board  
   94.     Membership of the Board  
   95.     Appointment of member of the Board  
   96.     Terms and conditions of appointment of member  
   97.     Resignation and removal  
   98.     Chairperson and Deputy Chairperson  
   99.     Payment of members of the Board  
   100.    Assistance to the Board  
   101.    Procedures of the Board  
   102.    Subcommittees  
   103.    Request for information by the Board  
   104.    Referral of identifying information to others  
   105.    Board to notify registered medical practitioner, pharmacist or Secretary on receipt of certain forms  
   106.    Board to provide information to the contact person after the notification of the person's death  
   107.    Annual reports  
   108.    Giving an annual report to Parliament  
   109.    Report of the Board on request of the Minister or Secretary  
   110.    Reports of the Board for every 6 month period  
   111.    Contents of reports  
   112.    Repeal of reports of the Board for every 6 month period and consequential amendment  

   PART 10--GENERAL

   113.    Delegation by Secretary  
   114.    Secretary may approve training for medical practitioners  
   115.    Interpreters  
   116.    Five year review  
   117.    Board to record, retain and make public statistical information  
   118.    Regulations  

   PART 11--CONSEQUENTIAL AMENDMENTS

   119.    Registration  
   120.    New section 40A inserted  
   121.    Reportable death  
   122.    Definitions  
   123.    Act not to derogate from provisions of certain other Acts  
   124.    Persons authorized to have possession etc. of poisons or controlled substances  
   125.    Effect of this Division  
   126.    Administration of drugs of dependence, Schedule 9 poisons, Schedule 8 poisons and Schedule 4 poisons in aged care services  
   127.    Inspections  
   128.    Trafficking in a drug or drugs of dependence—large commercial quantity  
   129.    Trafficking in a drug or drugs of dependence—commercial quantity  
   130.    Trafficking in a drug of dependence  
   131.    Possession of substance, material, documents or equipment for trafficking in a drug of dependence  
   132.    Permitting use of premises for trafficking or cultivation of drug of dependence  
   133.    Possession of a drug of dependence  
   134.    Introduction of a drug of dependence into the body of another person  
   135.    Use of drug of dependence  
   136.    Obtaining drugs of dependence etc. by false representation  
   137.    List of licences and permits  
   138.    Regulations  
   139.    Definitions  
   140.    New section 8A inserted  
   141.    Definitions  
   142.    Disclosure of information to other agencies  
   143.    Repeal of amending Part  
           SCHEDULE 1
           ENDNOTES


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