(1) The following
criteria must be met for a person to be eligible for access to voluntary
assisted dying —
(a) the
person has reached 18 years of age;
(b) the
person —
(i)
is an Australian citizen or permanent resident; and
(ii)
at the time of making a first request, has been
ordinarily resident in Western Australia for a period of at least 12 months;
(c) the
person is diagnosed with at least 1 disease, illness or medical condition that
—
(i)
is advanced, progressive and will cause death; and
(ii)
will, on the balance of probabilities, cause death within
a period of 6 months or, in the case of a disease, illness or medical
condition that is neurodegenerative, within a period of 12 months; and
(iii)
is causing suffering to the person that cannot be
relieved in a manner that the person considers tolerable;
(d) the
person has decision-making capacity in relation to voluntary assisted dying;
(e) the
person is acting voluntarily and without coercion;
(f) the
person’s request for access to voluntary assisted dying is enduring.
(2) A person is not
eligible for access to voluntary assisted dying only because the person has a
disability or is diagnosed with a mental illness (as defined in the
Mental Health Act 2014 section 4).