Western Australian Current Acts

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VOLUNTARY ASSISTED DYING ACT 2019 - SECT 16

16 .         Eligibility criteria

        (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).



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