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Contents (2021 - 1)

End-of-Life Choices (Voluntary Assisted Dying) Act 2021

Status information

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 persons 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. Persons 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

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2023-09-29

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Table of Amendments

As Made

Amended: Valid from 23/10/2022 to 23/10/2022

Amended: Valid from 24/10/2022 to 24/09/2023

In force: Valid from 25/09/2023

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Table of Amendments

Tasmanian Legislation
Tasmania's consolidated legislation online