Victorian Numbered Acts

VOLUNTARY ASSISTED DYING ACT 2017 (NO. 61 OF 2017) - SECT 9

    (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 .

    (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.

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