END-OF-LIFE CHOICES (VOLUNTARY ASSISTED DYING) ACT 2021 (NO. 1 OF 2021) - Act 1 of 2021 - Royal Assent 22 April 2021

Table of Provisions

• Long Title

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Objectives and principles
• 4 Act binds Crown

PART 2 - Interpretation Provisions

• 5 Interpretation
• 6 Relevant medical condition
• 7 Relevant information about eligibility
• 8 Relevant facts in relation to accessing voluntary assisted dying
• 9 Authorised medical practitioners

PART 3 - When Person May Access Voluntary Assisted Dying

• 10 When person is eligible to access voluntary assisted dying
• 11 When person meets residency requirements
• 12 When person has decision-making capacity
• 13 When person is acting voluntarily
• 14 When person is suffering intolerably in relation to relevant medical condition

PART 4 - Communication in Relation to Access to Voluntary Assisted Dying

• 15 When person’s communication under Act may be made by another person
• 16 Person may withdraw from voluntary assisted dying process at any time
• 17 Certain persons not to initiate discussions about voluntary assisted dying

PART 5 - First Request

Division 1 - Making and acceptance of first request

• 18 Person may make first request to access voluntary assisted dying
• 19 Medical practitioner must accept or refuse to accept first request
• 20 Refusal to accept first request
• 21 Medical practitioner not required to give reasons for accepting or refusing request

Division 2 - Effect of acceptance of first request

• 22 Medical practitioner who accepts first request becomes PMP
• 23 Notification of acceptance of first request
• 24 Person who makes first request is to be provided with relevant information about eligibility
• 25 PMP may refer person, request information, &c.

Division 3 - Determination of first request

• 26 PMP to determine first request
• 27 Requirements in relation to determination of first request
• 28 Determination of first request to be in writing
• 29 Records and notifications of determination of first request

PART 6 - Second Request

Division 1 - Making of second request

• 30 Person may make second request
• 31 Certain persons may not witness a second request

Division 2 - Determination of second request

• 32 PMP may refer person, request further information, &c.
• 33 Determination of second request
• 34 Requirements in relation to determination of second request
• 35 Determination of second request to be in writing and contain relevant information about eligibility
• 36 Records and notifications of determination of second request

PART 7 - Referral to Medical Practitioner for Second Opinion

• 37 PMP who determines person eligible must refer person to medical practitioner for second opinion
• 38 Restrictions on referral to more than one medical practitioner
• 39 Medical practitioner must accept or refuse to accept referral
• 40 Refusal to accept referral
• 41 Medical practitioner not required to give reasons for decision as to whether to accept referral

PART 8 - Requirements Where Referral Accepted

• 42 Medical practitioner who accepts referral becomes CMP
• 43 PMP to provide reports and information to CMP
• 44 CMP may examine person and seek further information from person
• 45 CMP may seek further information, &c., from PMP
• 46 PMP may refer person, or request further information, &c., at request of CMP

PART 9 - Second Opinion as to Eligibility to Access Voluntary Assisted Dying

Division 1 - CMP to determine eligibility to access voluntary assisted dying

• 47 CMP to determine whether person eligible to access voluntary assisted dying
• 48 Requirements in relation to determination by CMP
• 49 Determination of CMP to be in writing and contain relevant information about eligibility
• 50 CMP to keep record of determination and notify Commission

Division 2 - Effect of 2 CMPs determining person not eligible to access voluntary assisted dying

• 51 Voluntary assisted dying process ends if 2 CMPs determine person not eligible
• 52 Where process ends under section 51 former PMP may not accept first request for 12 months

PART 10 - Final Requests

• 53 Person may make final request to PMP
• 54 PMP may refer person to another health practitioner, &c.
• 55 Determination of final request
• 56 Requirements in relation to determination of final request
• 57 Determination of final request to be in writing and contain relevant information about eligibility
• 58 Notification of determination
• 59 Change of PMP after final request made

PART 11 - Health Practitioner Who is to Supply VAD Substance to Person

• 60 PMP to decide whether to be AHP
• 61 AHP in relation to person
• 62 Appointment of AHP
• 63 Requirements for appointment of AHP
• 64 Person entitled to refuse to be appointed AHP
• 65 PMP to be notified of appointment of AHP

PART 12 - Authorisations and Prescriptions in Relation to VAD Substances

Division 1 - VAD substance authorisation

• 66 PMP may request Commission to issue VAD substance authorisation
• 67 Commission may issue or refuse to issue VAD substance authorisation
• 68 Refusal to issue VAD substance authorisation
• 69 Amendment or revocation of VAD substance authorisation

Division 2 - VAD substance prescriptions

• 70 PMP may issue VAD substance prescription
• 71 What pharmacist may do on receiving VAD substance prescription
• 72 PMP to destroy VAD substance prescription in certain circumstances

Division 3 - Duties of PMP and AHP after being supplied VAD substance

• 73 Duties of PMP when VAD substance supplied to PMP
• 74 Supply of VAD substance to AHP by PMP
• 75 Duties of AHP when VAD substance supplied to AHP by PMP
• 76 Duties of AHP in relation to VAD substance when VAD substance no longer required
• 77 Duties of PMP in relation to VAD substance when VAD substance no longer required

PART 13 - Final Administrative Requirements

Division 1 - Decision-making capacity and voluntariness to be determined

• 78 Final determination by AHP of decision-making capacity and voluntariness
• 79 AHP may refer person to another person, &c.
• 80 Notice where AHP determines person does not have decision-making capacity or is not acting voluntarily
• 81 Advice to be given to person where AHP determines person has decision-making capacity and is acting voluntarily

Division 2 - Final permission to be given

• 82 Person may give final permission

Division 3 - Private self-administration certificates

• 83 Private self-administration request
• 84 Private self-administration certificate
• 85 Appointment of contact person

PART 14 - Provision of Assistance to Die

Division 1 - Supply and administration of VAD substance where no private self-administration certificate

• 86 AHP may supply, &c., VAD substance to person
• 87 Duties of AHP if VAD substance not to be privately self-administered
• 88 Duties where unexpected complications arise and person not privately self-administering

Division 2 - Self-administration in private

• 89 AHP may supply VAD substance to person
• 90 AHP to show self-administering person how to administer VAD substance
• 91 Private self-administration of VAD substance
• 92 Duties of contact person where VAD substance to be, or is, privately self-administered

Division 3 - Duties of AHP after VAD substance administered or voluntary assisted dying process ends

• 93 Duty to notify Coroner

PART 15 - Review of Decisions

Division 1 - Preliminary

• 94 Interpretation of Part 15

Division 2 - Application for review

• 95 Application for review of decision
• 96 No further action to be taken until application determined
• 97 Parties to review and representation
• 98 Withdrawal and dismissal of application

Division 3 - Conduct of review

• 99 Purpose of review, &c.
• 100 Procedure
• 101 Evidence
• 102 Self-incrimination
• 103 Determination of application
• 104 Reasons for decision
• 105 Supreme Court

PART 16 - PMPs, CMPs and AHPs Generally

• 106 When PMP ceases to be PMP
• 107 Former PMP may apply to Commission to become PMP again
• 108 When CMP ceases to be CMP
• 109 When AHP ceases to be AHP

PART 17 - Voluntary Assisted Dying Commission

Division 1 - Appointments

• 110 Voluntary Assisted Dying Commission
• 111 Meetings of Commission
• 112 Officers of Commission
• 113 Confidentiality

Division 2 - Functions and powers

• 114 Functions and powers of Commission
• 115 Delegation by Commission
• 116 Commission to determine VAD substances
• 117 Commission to approve voluntary assisted dying training courses
• 118 Guidelines for determination of persons with special interest

Division 3 - Records and reports

• 119 General record requirements
• 120 Annual report

Division 4 - Regulatory functions

• 121 Person who suspects contravention of Act may notify Commission
• 122 Commission may require information from persons
• 123 Requirement in relation to Commission where suspected contravention of Act

PART 18 - Offences

• 124 Inducements and dishonest or undue influence
• 125 False representation of being authorised to communicate on behalf of person
• 126 Person’s communicator must communicate faithfully
• 127 Falsification of record, &c.
• 128 False statements
• 129 Dishonest inducement to use VAD substance
• 130 Offence to fail to provide notice to Commission when required
• 131 Offences by contact person
• 132 Offences in relation to review

PART 19 - Protection from Liability

• 133 Protection for persons assisting access to voluntary assisted dying process
• 134 Technical error does not invalidate
• 135 Protection for persons acting in good faith
• 136 Contravention of Act by practitioners
• 137 Authority for medical practitioner to refer person or seek information without being punished
• 138 Electronic communications
• 139 Regional access standards

PART 20 - Miscellaneous

• 140 Deaths not suicide for purposes of law of State
• 141 Conflict of Acts
• 142 Giving of notices
• 143 Jurisdiction of Supreme Court
• 144 Report on initial operation of Act
• 145 Review of Act
• 146 Regulations
• 147 Administration of Act