Victorian Numbered Acts

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VOLUNTARY ASSISTED DYING ACT 2017 (NO. 61 OF 2017) - SECT 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—

        (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).

    (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.



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