Victorian Numbered Acts

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

    (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.



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