Western Australian Current Acts Western Australian Current Acts
TABLE OF PROVISIONS
PART 1 -- Preliminary
Division 1 -- Introductory provisions
1. Short title
2. Commencement
3. Act binds Crown
Division 2 -- Principles
4. Principles
Division 3 -- Interpretation
5. Terms used
6. Decision-making capacity
7. Voluntary assisted dying substance
8. When request and assessment process completed
Division 4 -- Other provisions
9. Registered health practitioner may refuse to participate in voluntary assisted dying
10. Health care worker not to initiate discussion about voluntary assisted dying
11. Contravention of Act by registered health practitioner
12. Voluntary assisted dying not suicide
13. Inherent jurisdiction of Supreme Court not affected
14. Relationship with Medicines and Poisons Act 2014 and Misuse of Drugs Act 1981
PART 2 -- Requirements for access to voluntary assisted dying
15. When person can access voluntary assisted dying
16. Eligibility criteria
PART 3 -- Requesting access to voluntary assisted dying and assessment of eligibility
Division 1 -- Eligibility requirements for medical practitioners
17. Eligibility to act as coordinating practitioner or consulting practitioner
Division 2 -- First request
18. Person may make first request to medical practitioner
19. No obligation to continue after making first request
20. Medical practitioner to accept or refuse first request
21. Medical practitioner to record first request and acceptance or refusal
22. Medical practitioner to notify Board of first request
23. Medical practitioner becomes coordinating practitioner if first request accepted
Division 3 -- First assessment
24. First assessment
25. Coordinating practitioner to have completed approved training
26. Referral for determination
27. Information to be provided if patient assessed as meeting eligibility criteria
28. Outcome of first assessment
29. Recording and notification of outcome of first assessment
30. Referral for consulting assessment if patient assessed as eligible
Division 4 -- Consulting assessment
31. Medical practitioner to accept or refuse referral for consulting assessment
32. Medical practitioner to record referral and acceptance or refusal
33. Medical practitioner to notify Board of referral
34. Medical practitioner becomes consulting practitioner if referral accepted
35. Consulting assessment
36. Consulting practitioner to have completed approved training
37. Referral for determination
38. Information to be provided if patient assessed as meeting eligibility criteria
39. Outcome of consulting assessment
40. Recording and notification of outcome of consulting assessment
41. Referral for further consulting assessment if patient assessed as ineligible
Division 5 -- Written declaration
42. Patient assessed as eligible may make written declaration
43. Witness to signing of written declaration
44. Certification of witness to signing of written declaration
45. Coordinating practitioner to record written declaration
46. Coordinating practitioner to notify Board of written declaration
Division 6 -- Final request and final review
47. Patient may make final request to coordinating practitioner
48. When final request can be made
49. Coordinating practitioner to record final request
50. Coordinating practitioner to notify Board of final request
51. Final review by coordinating practitioner on receiving final request
52. Technical error not to invalidate request and assessment process
53. No obligation for patient to continue after completion of request and assessment process
PART 4 -- Accessing voluntary assisted dying and death
Division 1 -- Eligibility requirements for administering practitioners
54. Eligibility to act as administering practitioner
Division 2 -- Administration of voluntary assisted dying substance
55. Application of Division
56. Administration decision
57. Revocation of administration decision
58. Self-administration
59. Practitioner administration
60. Coordinating practitioner to notify Board of administration decision and prescription of substance
61. Certification by administering practitioner following administration of prescribed substance
62. Witness to administration of prescribed substance
63. Transfer of administering practitioner’s role
Division 3 -- Contact person
64. Application of Division
65. Patient to appoint contact person
66. Contact person appointment form
67. Role of contact person
68. Contact person may refuse to continue in role
Division 4 -- Prescribing, supplying and disposing of voluntary assisted dying substance
69. Information to be given before prescribing substance
70. Prescription for substance
71. Authorised supplier to authenticate prescription
72. Information to be given when supplying prescribed substance
73. Labelling requirements for prescribed substance
74. Authorised supplier to record and notify of supply
75. Disposal of prescribed substance by authorised disposer
76. Authorised disposer to record and notify of disposal
77. Disposal of prescribed substance by administering practitioner
78. Administering practitioner to record and notify of disposal
Division 5 -- Other matters
79. Authorised suppliers and authorised disposers
80. Certain directions as to supply or administration prohibited
81. Structured administration and supply arrangement not to be issued for substance
82. Notification of death
PART 5 -- Review by Tribunal
83. Terms used
84. Application for review of certain decisions by Tribunal
85. Notice of decision and right to have it reviewed
86. Consequences of review application
87. Review application taken to be withdrawn if patient dies
88. Decision of Tribunal
89. Effect of decision under s. 88(a), (c) or (e)
90. Effect of decision under s. 88(b), (d) or (f)
91. Coordinating practitioner may refuse to continue in role
92. Constitution and membership of Tribunal
93. Hearings of Tribunal to be held in private
94. Notice requirements
95. Coordinating practitioner to give Tribunal relevant material
96. Tribunal to give written reasons for decision
97. Published decisions or reasons to exclude personal information
98. Interim orders
PART 6 -- Offences
99. Unauthorised administration of prescribed substance
100. Inducing another person to request or access voluntary assisted dying
101. Inducing self-administration of prescribed substance
102. False or misleading information
103. Advertising Schedule 4 or 8 poison as voluntary assisted dying substance
104. Cancellation of document presented as prescription
105. Contact person to give unused or remaining substance to authorised disposer
106. Recording, use or disclosure of information
107. Publication of personal information concerning proceeding before Tribunal
108. Failure to give form to Board
PART 7 -- Enforcement
109. Application of Medicines and Poisons Act 2014 Part
110. Court to notify CEO of conviction of offence under Act
111. Who may commence proceedings for simple offence
112. Time limit for prosecution of simple offence
PART 8 -- Protection from liability
113. Protection for persons assisting access to voluntary assisted dying or present when substance administered
114. Protection for persons acting in accordance with Act
115. Protection for certain persons who do not administer lifesaving treatment
PART 9 -- Voluntary Assisted Dying Board
Division 1 -- Establishment
116. Board established
117. Status
Division 2 -- Functions and powers
118. Functions of Board
119. Powers of Board
120. Delegation by Board
Division 3 -- Staff and assistance
121. Staff and services
122. Assistance
Division 4 -- Accountability
123. Minister may give directions
124. Minister to have access to information
Division 5 -- Membership
125. Membership of Board
126. Chairperson and deputy chairperson
127. Term of office
128. Casual vacancies
129. Extension of term of office during vacancy
130. Alternate members
131. Remuneration of members
Division 6 -- Board meetings
132. Holding meetings
133. Quorum
134. Presiding member
135. Procedure at meetings
136. Voting
137. Holding meetings remotely
138. Resolution without meeting
139. Minutes
Division 7 -- Disclosure of interests
140. Disclosure of material personal interest
141. Voting by interested member
142. Section 141 may be declared inapplicable
143. Quorum where s. 141 applies
144. Minister may declare s. 141 and 143 inapplicable
Division 8 -- Committees
145. Establishment of committees
146. Directions to committee
147. Committee to determine own procedures
148. Remuneration of committee members
Division 9 -- Information
149. Board to send information to contact person for patient
150. Request for information
151. Disclosure of information
152. Board to record and retain statistical information
Division 10 -- Miscellaneous
153. Board to notify receipt of forms
154. Execution of documents by Board
155. Annual report
PART 10 -- Access standard
156. Standard about access to voluntary assisted dying
PART 11 -- General
157. Transfer of coordinating practitioner’s role
158. Communication between patient and practitioner
159. Information about voluntary assisted dying
160. CEO may approve training
161. CEO may approve forms
162. Interpreters
163. Regulations
164. Review of Act
PART 12 -- Consequential amendments to other Acts
Division 1 -- Constitution Acts Amendment Act 1899 amended
165. Act amended
166. Schedule V amended
Division 2 -- Coroners Act 1996 amended
167. Act amended
168. Section 3A inserted
3A. Death under Voluntary Assisted Dying Act 2019 not reportable death 103
Division 3 -- Guardianship and Administration Act 1990 amended
169. Act amended
170. Section 3B inserted
3B. Act does not authorise decisions about voluntary assisted dying 104
Division 4 -- Health and Disability Services (Complaints) Act 1995 amended
171. Act amended
172. Section 3 amended
Division 5 -- Medicines and Poisons Act 2014 amended
173. Act amended
174. Section 3 amended
175. Section 7 amended
176. Section 14 amended
177. Section 28 amended
178. Section 83 amended
179. Section 115 amended
Division 6 -- Misuse of Drugs Act 1981 amended
180. Act amended
181. Section 5C inserted
5C. Authorisation under Voluntary Assisted Dying Act 2019 111
182. Section 5 amended
183. Section 6 amended
184. Section 7 amended
185. Section 7B amended
186. Section 27 amended
Defined terms
An Act —
• to
provide for and regulate access to voluntary assisted dying;
and
• to establish the Voluntary Assisted Dying Board;
and
• to make consequential amendments to other
Acts.