(1) Subsection (2)
applies if the coordinating practitioner is unable to determine whether
—
(a) the
patient has a disease, illness or medical condition that meets the
requirements of section 16(1)(c); or
(b) the
patient has decision-making capacity in relation to voluntary assisted dying
as required by section 16(1)(d).
(2) The coordinating
practitioner must refer the patient to a registered health practitioner who
has appropriate skills and training to make a determination in relation to the
matter.
(3) If the
coordinating practitioner is unable to determine whether the patient is acting
voluntarily and without coercion as required by section 16(1)(e), the
coordinating practitioner must refer the patient to another person who has
appropriate skills and training to make a determination in relation to the
matter.
(4) If the
coordinating practitioner makes a referral under subsection (2) or (3), the
coordinating practitioner may adopt the determination of the registered health
practitioner or other person, as the case requires, in relation to the matter
in respect of which the referral was made.
(5) A registered
health practitioner or other person to whom the patient is referred under
subsection (2) or (3) must not be —
(a) a
family member of the patient; or
(b) a
person who knows or believes that they —
(i)
are a beneficiary under a will of the patient; or
(ii)
may otherwise benefit financially or in any other
material way from the death of the patient, other than by receiving reasonable
fees for the provision of services in connection with the referral.