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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
VOLUNTARY ASSISTED DYING BILL 2016
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application of Act
5. Act does not derogate from certain Acts
6. Act binds Crown
7. Functions and powers of Minister
PART 2 - ELIGIBLE REQUESTS FOR ASSISTED DEATH
Division 1 - Preliminary
8. Circumstances in which assistance may be provided under this
Act
9. Eligible person
10. Eligible request
11. Eligible medical condition
12. Informed decision
Division 2 - Process for assisted dying requests
13. Initial oral request for assisted death
14. Responsibilities of primary medical practitioner after initial oral
request
15. Responsibilities of person performing counselling
16. Receipt of written report from person performing counselling
17. Written request for assisted death
18. Responsibilities of primary medical practitioner after written
request
19. Responsibilities of secondary medical practitioner
20. Receipt of written notice from secondary medical practitioner
21. Subsequent oral request for assisted death
22. Responsibilities of primary medical practitioner after
subsequent oral request
Division 3 - Discharge of assisted dying requests
23. Issue of assisted dying prescription
24. Administration of prescribed medication
25. Return of prescribed medication
Division 4 - Miscellaneous
26. Primary medical practitioner not to refuse assisted dying request
in certain circumstances
27. Rescission of assisted dying request
28. Record requirements
PART 3 - IMMUNITIES AND LIABILITIES
29. Effect of Act on wills, contracts and statutes
30. Insurance or annuity policy
31. Immunities
PART 4 - REGISTRAR
32. Appointment of Registrar and staff
33. Functions and powers of Registrar
34. General record requirements
35. Annual report
PART 5 - MISCELLANEOUS
36. Use of interpreter, third party or other means of communication
37. Offences relating to written requests
2
38. Offences relating to documents generally
39. Offence to coerce or exert undue influence
40. Offences generally
41. Death certificates
42. General information requirements
43. Regulations
44. Review of Act
45. Administration of Act
3
VOLUNTARY ASSISTED DYING BILL 2016
(Brought in by Larissa Tahireh Giddings and Cassandra Stanwell
O'Connor)
A BILL FOR
An Act to provide for medical assistance in specific and restricted
circumstances to enable the voluntary death of competent adults
with intolerable and unrelievable suffering due to advanced
incurable and irreversible medical conditions, to provide for
appropriate safeguards, monitoring and reporting, and for
related purposes
Be it enacted by His Excellency the Governor of Tasmania, by and
with the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Voluntary Assisted Dying
Act 2016.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
(1) In this Act, unless the contrary intention appears -
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Voluntary Assisted Dying Act 2016
Act No. of
Part 1 - Preliminary s. 3
adult means a person who has attained the age of 18
years;
assisted death means the death of an eligible person
that, either directly or indirectly, is the result of
the administration of prescribed medication, to
the eligible person, in accordance with this Act;
assisted dying prescription means a prescription for
medication to end an eligible person's life in
accordance with this Act;
assisted dying request means an oral request or a
written request;
competent, in relation to a person, means the
person -
(a) has the ability to make and
communicate, to health service
providers, informed decisions in
relation to the person's medical
treatment, including communicating
through persons familiar with the
person's manner of communicating; and
(b) is not suffering from a psychiatric or
psychological disorder, or depression,
to a degree that may cause the
judgement of the person to be impaired;
counselling means a consultation between a
psychiatrist, or psychologist, and a
person to determine, in the opinion of that
psychiatrist or psychologist, whether or not the
person -
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Voluntary Assisted Dying Act 2016
Act No. of
s.4 Part 1 - Preliminary
(a) is competent to make an assisted dying
request; and
(b) is making that request voluntarily;
diagnosed means diagnosed by a medical
practitioner;
eligible medical condition means a medical
condition that meets the requirements of section
11(1);
eligible person - see section 9;
eligible request - see section 10;
health service provider means -
(a) a person who provides a health service;
or
(b) a person who holds themselves out as
being able to provide a health service;
informed decision - see section 12;
initial oral request means a request under section
13;
oral request means an initial oral request or
subsequent oral request;
medical practitioner means a person who holds
general registration under the Health
Practitioner Regulation National Law
(Tasmania) 2010 in the medical profession;
pharmacist means a person who holds general
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Voluntary Assisted Dying Act 2016
Act No. of
Part 1 - Preliminary s. 3
registration under the Health Practitioner
Regulation National Law (Tasmania 2010) in
the pharmacy profession;
prescribed medication, in relation to an eligible
person, means medication that is prescribed to
the eligible person under an assisted dying
prescription;
primary medical practitioner, in relation to a
person, means a medical practitioner who
accepts primary responsibility for an assisted
dying request made under this Act;
psychiatrist has the same meaning as in the
Mental Health Act 2013;
psychologist means a person who holds general
registration under the Health Practitioner
Regulation National Law (Tasmania) 2010 in
the psychology profession;
Registrar means the Registrar appointed under
section 32(1);
regulations means regulations made under this Act;
secondary medical practitioner, in relation to a
person, means a medical practitioner who has
accepted a referral in respect of the person from
the person's primary medical practitioner;
subsequent oral request means a request under
section 21(1);
written request means a request that is made under
section 17(1) in a form approved by the
Minister.
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Voluntary Assisted Dying Act 2016
Act No. of
s.4 Part 1 - Preliminary
(2) If a person makes an oral request under this Act, the
wording of the oral request is taken to comply with this
Act if the wording of the oral request implies the
relevant intention or if such an intention may be
inferred from the oral request.
4. Application of Act
(1) Nothing in this Act authorises a medical practitioner,
or any other person, to end the life of a person by any
means, except in accordance with this Act.
(2) Any action taken in accordance with this Act does not,
for any purpose, constitute a crime under the Criminal
Code Act 1924.
(3) Nothing in this Act authorises any person to provide,
under this Act, a lower standard of care for a person
than would otherwise be provided to that person.
5. Act does not derogate from certain Acts
This Act is in addition to, and does not derogate from,
the Poisons Act 1971 or any other Act, or any
provision of another Act, that is prescribed for the
purposes of this section.
6. Act binds Crown
This Act binds the Crown in right of Tasmania and, so
far as the legislative power of Parliament permits, in all
its other capacities.
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Act No. of
Part 1 - Preliminary s. 7
7. Functions and powers of Minister
(1) The Minister has power to do all things
necessary or convenient to be done in
connection with, or incidental to or related to,
the performance or exercise of the Minister's
functions or powers under this Act.
(2) The Minister may delegate any of his or her
functions or powers under this Act, other than
this power of delegation.
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Voluntary Assisted Dying Act 2016
Act No. of
s. 9 Part 2 - Eligible Requests for Assisted Death
PART 2 - ELIGIBLE REQUESTS FOR ASSISTED DEATH
Division 1 - Preliminary
8. Circumstances in which assistance may be provided under
this Act
A person's primary medical practitioner may only assist in the
death of a person, in accordance with this Act, if the person's
primary medical practitioner is satisfied that the person is an
eligible person.
9. Eligible person
For the purposes of this Act, a person is an eligible person if
the person's primary medical practitioner is satisfied that -
(a) the person has made an initial oral request, a
written request and a subsequent oral request;
and
(b) each assisted dying request made by the person
is an eligible request; and
(c) the person has made an informed decision to
end their life.
10. Eligible request
(1) For the purposes of this Act, an assisted dying request is
an eligible request if the person making the assisted
dying request -
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Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 11
(a) is an adult; and
(b) is a Tasmanian resident; and
(c) is competent; and
(d) is making the request voluntarily; and
(e) is diagnosed with an eligible medical condition;
and
(f) complies with the relevant provisions of this
Act.
(2) For the purposes of subsection (1)(b), evidence of a
person's Tasmanian residency may include, but is not
limited to, evidence that the person currently -
(a) holds a drivers licence issued under the
Vehicle and Traffic Act 1999; or
(b) is enrolled to vote in Tasmania.
11. Eligible medical condition
(1) For the purposes of this Act, an eligible medical
condition -
(a) is the advanced stages of a serious incurable and
irreversible medical condition, whether caused
by illness, disease or injury, as diagnosed by a
medical practitioner who has specialised
qualifications, or experience, in diagnosing and
treating the medical condition; and
(b) the person's medical condition, or associated
medical treatment, or complications resulting
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Voluntary Assisted Dying Act 2016
Act No. of
s. 12 Part 2 - Eligible Requests for Assisted Death
from the medical condition or treatment -
(i) is causing persistent suffering for the
person that is intolerable for the person; and
(ii) there is no reasonably available medical
treatment or palliative care options that
would, having regard to both the treatment
and any consequences of the treatment,
relieve the person's suffering in a manner
that is acceptable to the person; and
(c) there is no reasonable prospect of a permanent
improvement in the person's medical condition.
12. Informed decision
(1) For the purposes of this Act, an informed decision is a
decision made by a person at any time after the person
has received the information specified in subsection (2)
from the person's primary medical practitioner.
(2) The following information is specified for the purposes
of subsection (1):
(a) the medical diagnosis of, and medical prognosis
for, the person;
(b) the processes and procedures for making
assisted dying requests including, but not limited
to, the information specified in subsection (3);
(c) the various methods of administration of
medication that is likely to be prescribed to the
person under an assisted dying prescription;
(d) the potential risks that are associated with the
administration of medication that is likely to be
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Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 12
prescribed to the person under an assisted dying
prescription;
(e) the probable result of the administration of
medication that is likely to be prescribed to the
person under an assisted dying prescription;
(f) all other reasonable treatment options available
to the person including, but not limited to,
palliative care;
(g) any other medical or treatment information that
is considered, by the person's primary medical
practitioner, to be relevant.
(3) Information to be provided under subsection (2)(b) is to
include -
(a) that a person must make an initial oral request, a
written request and a subsequent oral request to
be an eligible person for the purposes of this
Act; and
(b) the waiting periods that apply, or may apply, as
part of the processes and procedures under this
Act; and
(c) that the primary medical practitioner is required
to be on the same premises (but not necessarily
within sight of the person) if the person intends
to self- administer the medication that is likely to
be prescribed to the person under an assisted
dying prescription; and
(d) the possible complications that may occur after
the medication, that is likely to be prescribed to
the person under an assisted dying prescription,
13
Voluntary Assisted Dying Act 2016
Act No. of
s. 12 Part 2 - Eligible Requests for Assisted Death
is administered to the person; and
(e) any steps the primary medical practitioner may
take, if such a complication occurs.
(4) For the purposes of subsection (1), a person is taken to
have received the information specified in subsection
(2) if -
(a) the information was provided to the person in
language and terms understandable to the
person; and
(b) the primary medical practitioner is satisfied that
the person understands the information and is
competent to use it to make a decision whether
or not to proceed with a request for an assisted
death; and
(c) after the information was so provided, the
person was satisfied with any answers given by
the person's primary medical practitioner to any
questions the person had in respect of the
information.
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Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 13
Division 2 - Process for assisted dying requests
13. Initial oral request for assisted death
If a person wishes to access an assisted death, he or she may
make, to his or her primary medical practitioner, an oral
request for an assisted death.
14. Responsibilities of primary medical practitioner after
initial oral request
(1) On receipt of an initial oral request from a person, the
person's primary medical practitioner must -
(a) discuss with the person his or her reasons for
requesting an assisted death; and
(b) examine the person and review the person's
relevant medical records; and
(c) provide the person, in accordance with section
12, with the information specified in that section
to ensure that the person can make an informed
decision to end their life.
(2) If the primary medical practitioner reasonably suspects
that the person is not competent to make the initial oral
request, or is not voluntarily making the initial oral
request, he or she must refer the person for counselling
and discuss with the person the reasons for the referral.
(3) If the primary medical practitioner is satisfied, or
becomes satisfied after counselling, that the person's
initial oral request is an eligible request, they must -
(a) inform the person that he or she may make a
15
Voluntary Assisted Dying Act 2016
Act No. of
s. 15 Part 2 - Eligible Requests for Assisted Death
written request, subject to requirement of section
17 (2);
(b) inform the person that he or she may rescind any
assisted dying request made by the person at any
time and in any manner the person thinks
appropriate; and
(c) recommend to the person that the person notify
family and friends significant to the person of the
person's request for an assisted death.
(4) If the primary medical practitioner is not satisfied that
the initial oral request is an eligible request, he or she
must inform the person that the person's initial oral
request is not an eligible request and the reasons why the
initial oral request is not an eligible request.
15. Responsibilities of person performing counselling
(1) If a person has been referred for counselling under
section 14(d), the person who performs the counselling
must state, in a written report to the person's primary
medical practitioner -
(a) that the person performing the counselling has
counselled the person; and
(b) in the opinion of the person who performs the
counselling -
(i) whether or not the person being
counselled is competent to make the
initial oral request; and
(ii) whether or not the person being
counselled has voluntarily made the
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Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 16
initial oral request.
(2) A written report under subsection (1) -
(a) is to be in a form approved by the Minister; and
(b) may contain any other information that the
person who performed the counselling considers
relevant; and
(c) is to be provided as soon as is reasonably
practicable after the counselling of the person.
(3) Nothing in this section prevents a person's primary
medical practitioner from referring the person to a
psychiatrist, or psychologist or any other person, at any
time, or for any reason, the primary medical practitioner
thinks appropriate.
16. Receipt of written report from person performing
counselling
(1) If a person's primary medical practitioner receives a
written report under section 15(1), in respect of the
person, that states that in the opinion of the person who
has performed the counselling -
(a) the person is competent to make an assisted
dying request; and
(b) the person has voluntarily made the initial oral
request -
the primary medical practitioner must accept the report
as confirmation that the requirements of sections 10(c)
and 10 (d) have been met.
(2) If a person's primary medical practitioner receives a
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Voluntary Assisted Dying Act 2016
Act No. of
s. 17 Part 2 - Eligible Requests for Assisted Death
written report under section 15(1), in respect of the
person, that states that in the counsellor's opinion -
(a) the person is not competent to make an assisted
dying request; or
(b) the person has not voluntarily made the initial
oral request -
the primary medical practitioner must inform the person
of the counsellor's opinion, that the person's initial oral
request is not an eligible request and the reasons why
the initial oral request is not an eligible request.
17. Written request for assisted death
(1) Subject to subsection (2), a person who has made an
eligible initial oral request may make, to his or her
primary medical practitioner, a request in writing for an
assisted death.
(2) A written request under subsection (1) must not be
made by a person until at least 48 hours after the person
made the initial oral request.
(3) A written request by a person must be -
(a) completed and signed by -
(i) the person; or
(ii) if the person is unable to complete or
sign the written request, an adult
designated by the person to complete or
sign on his or her behalf, in the person's
presence and under the person's express
direction; and
18
Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 17
(b) witnessed by at least two adults, in the presence
of the person, who have observed the written
request being completed and signed in
accordance with paragraph (a).
(4) A person making a written request must not designate,
under subsection (3)(a)(ii), any of the following
persons to complete or sign, or complete and sign, the
request on his or her behalf:
(a) the person's primary medical practitioner;
(b) a person who has provided counselling under
this Act to the person making the written
request;
(c) a witness to the written request.
(5) One of the witnesses to a written request by a person
must not be any one of the following:
(a) a person related by blood, marriage or adoption
to the person making the request;
(b) a person in a caring relationship, or family
relationship or significant relationship, within
the meaning of the Relationships Act 2003 with
the person making the written request;
(c) a person who, at the time of witnessing the
written request, would make a financial gain or
benefit, either directly or indirectly, as a result
of the death of the person making the written
request;
(d) a person who is the owner, operator or
employee of a health service provider from
whom the person making the written request is
19
Voluntary Assisted Dying Act 2016
Act No. of
s. 18 Part 2 - Eligible Requests for Assisted Death
receiving medical treatment, or is a resident at a
facility operated by the health service provider.
(6) The following persons must not be a witness to a
written request by a person:
(a) the person's primary medical practitioner;
(b) if the person is referred for counselling under
this Act, any person who performed the
counselling;
(c) another person who completes or signs the
written request for or on behalf of the person
making the written request.
18. Responsibilities of primary medical practitioner after
written request
(1) After receiving a written request from a person, the
person's primary medical practitioner must confirm
whether or not in his or her opinion the written request
is an eligible request.
(2) If the primary medical practitioner is not satisfied that
the person's written request is an eligible request, he or
she must inform the person and discuss with the person
the reasons why he or she is of the opinion that the
request is not an eligible request and any action that
may be taken to enable the request to become an
eligible request.
(3) If a person's primary medical practitioner is satisfied
that the person has made an eligible request, the
primary medical practitioner must -
(a) refer the person to a secondary medical
20
Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 18
practitioner for confirmation of the primary
practitioner's opinion that the person's written
request meets the requirements of section 10 (c),
(d) and (e); and
(b) discuss with the person the information
provided to the person under section 12(b)
and (e), including any new relevant information;
and
(c) determine, as agreed with the person as a result
of that discussion, the steps the primary medical
practitioner may take if complications occur
after administering the medication that is likely
to be prescribed to the person under an assisted
dying prescription; and
(d) provide any additional relevant information
requested by the person; and
(e) caution the person about the importance of -
(i) having another person present when the
medication, that is likely to be
prescribed to the person under an
assisted dying prescription, is
administered to the person; and
(ii) not administering that medication in a
public place; and
(f) recommend to the person that he or she notify
family and friends significant to the person of
the person's intention to request an assisted
death.
21
Voluntary Assisted Dying Act 2016
Act No. of
s. 19 Part 2 - Eligible Requests for Assisted Death
19. Responsibilities of secondary medical practitioner
(1) A medical practitioner may only accept a referral under
section 18(2)(a) if he or she is independent of the
primary medical practitioner.
(2) For the purposes of this Act, a medical practitioner is
independent if, in relation to the primary medical
practitioner, he or she:
(a) is not an employer or employee;
(b) is not responsible for supervising or is being
supervised;
(c) does not know or believe there is any other
connection that would affect his or her
objectivity.
(3) After a secondary medical practitioner accepts a referral
under section 18(3)(a), the secondary medical
practitioner must -
(a) examine the person referred under section
18(3)(a) and the person's relevant medical
records; and
(b) assess the person so referred and determine, in
his or her own medical opinion, whether the
written request of the person so referred meets
the requirements of section 10(c), (d) and (e).
(4) After examining a person referred under section
18(3)(a), the secondary medical practitioner must, in a
written report to the person's primary medical
practitioner -
(a) confirm that the secondary medical practitioner
22
Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 19
-
(i) has examined the person and the
person's relevant medical records under
subsection (3)(a); and
(ii) has assessed the person under subsection
(3)(b); and
(b) state the determinations made by the
secondary medical practitioner as a result of
such an assessment.
(5) A written report under subsection (2) -
(a) is to be in a form approved by the Minister; and
(b) may contain any other information that the
secondary medical practitioner considers
relevant; and
(c) is to be made as soon as is reasonably
practicable after the examination of the person
referred.
20. Receipt of written notice from secondary medical
practitioner
(1) If a person's primary medical practitioner receives a
written report under section 19(2) that does not confirm,
the primary medical practitioner's opinion that the
person's written request meets the requirements of
section 10 (c), (d) and (e), the primary medical
practitioner may refer the person to another secondary
medical practitioner.
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Voluntary Assisted Dying Act 2016
Act No. of
s. 21 Part 2 - Eligible Requests for Assisted Death
(2) If the person's primary medical practitioner receives a
written report under section 19(4) from the other
secondary medical practitioner referred to in subsection
(1) that does not confirm, to the satisfaction of the
primary medical practitioner, the primary medical
practitioner's opinion that the person's written request
meets the requirements of section 10 (c), (d) and (e) -
(a) all existing assisted dying requests of the person
are rescinded; and
(b) the person's primary medical practitioner must
inform the person that his or her assisted
dying requests are rescinded and the reasons for
the rescission.
21. Subsequent oral request for assisted death
(1) Subject to subsection (2), a person who has made an
eligible written request may make, to his or her primary
medical practitioner, another oral request for an assisted
death.
(2) A person's subsequent oral request must not be made
under subsection (1) until -
(a) the person's primary medical practitioner has
received a written report under section 19(4)
that confirms the primary practitioner's opinion
that the person's written request meets the
requirements of section 10(c), (d) and (e); and
(b) at least 7 days after the person made the written
request.
24
Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 22
22. Responsibilities of primary medical practitioner after
subsequent oral request
(1) If a person's primary medical practitioner is satisfied
that the person's written request is an eligible request,
the person's primary medical practitioner is to -
(a) accept any subsequent oral request made by the
person and confirm that the request is an eligible
request; and
(b) if it is an eligible request, inform the person that
he or she is now an eligible person for the
purposes of this Act.
(2) After accepting a subsequent oral request from a
person, the eligible person's primary medical
practitioner must discuss with the eligible person
whether there are any relevant treatment options
available that may adequately and to the satisfaction of
the eligible person -
(a) improve the eligible person's medical condition;
or
(b) relieve the eligible person's suffering.
(3) If the eligible person and the eligible person's primary
medical practitioner are satisfied there are no relevant
treatment options available as discussed under
subsection (2), the primary medical practitioner must
inform the eligible person that -
(a) he or she may rescind the subsequent oral
request at any time and in any manner the
eligible person thinks appropriate, and offer the
eligible person an opportunity to rescind any
assisted dying request made by the eligible
25
Voluntary Assisted Dying Act 2016
Act No. of
s. 22 Part 2 - Eligible Requests for Assisted Death
person; and
(b) the primary medical practitioner will only issue
an assisted dying prescription in respect of the
eligible person when requested to do so by the
eligible person; and
(c) the primary medical practitioner will only
deliver the assisted dying prescription to a
pharmacist for filling when requested to do so
by the eligible person.
26
Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 23
Division 3 - Discharge of assisted dying requests
23. Issue of assisted dying prescription
(1) An eligible person's primary medical practitioner must
not issue an assisted dying prescription in respect of the
eligible person unless -
(a) the eligible person has requested that the
assisted dying prescription be issued; and
(b) the primary medical practitioner is satisfied that
-
(i) each assisted dying request by the
eligible person, that has not been
rescinded, is an eligible request; and
(ii) the eligible person has made an
informed decision to end his or her life;
and
(iii) at the time of making the request under
paragraph (a), the eligible person was
competent to make the request and is
making the request voluntarily; and
(c) immediately before issuing the assisted dying
prescription, the primary medical practitioner
has offered the eligible person a chance to
rescind any assisted dying request made by the
eligible person.
(2) After issuing an assisted dying prescription in respect of
an eligible person, the primary medical practitioner
27
Voluntary Assisted Dying Act 2016
Act No. of
s. 24 Part 2 - Eligible Requests for Assisted Death
must -
(a) personally deliver the assisted dying
prescription to a pharmacist as discussed and
agreed with the eligible person; and
(b) once the assisted dying prescription has been
filled, personally collect the prescribed
medication from the pharmacist; and
(c) retain possession of the prescribed medication
until the prescribed medication is to be
administered.
24. Administration of prescribed medication
(1) For the avoidance of doubt, prescribed medication may
be administered to an eligible person by -
(a) the eligible person; or
(b) the eligible person's primary medical
practitioner.
(2) For the purposes of this Act, administration by the
eligible person may include oral ingestion or the
activation of a medical device that delivers the
medication.
(3) If an eligible person intends to self-administer
prescribed medication, the eligible person's primary
medical practitioner must -
(a) offer the eligible person a chance to rescind any
assisted dying request made by the eligible
person before dispensing the prescribed
medication to the eligible person for self-
administration; and
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Voluntary Assisted Dying Act 2016
Act No. of
Part 2 - Eligible Requests for Assisted Death s. 25
(b) remain on the same premises as the eligible
person (but not necessarily within sight of the
eligible person) until, and while, the eligible
person self-administers the prescribed
medication; and
(c) take any steps, as determined under section
18(3)(c), the primary medical practitioner
considers necessary.
(4) If an eligible person's primary medical practitioner
intends to administer the eligible person's prescribed
medication, the primary medical practitioner must -
(a) offer the eligible person a chance to rescind any
assisted dying request made by the eligible
person before the primary medical practitioner
administers the prescribed medication; and
(b) take any steps, as determined under section
18(2)(c), the primary medical practitioner
considers necessary.
(5) Nothing in this Act authorises a person to take or
administer prescribed medication in a public place.
25. Return of prescribed medication
(1) If -
(a) a primary medical practitioner has collected an
eligible person's prescribed medication from a
pharmacist; and
(b) after collecting the prescribed medication, the
eligible person rescinds any of his or her
assisted dying requests -
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Act No. of
s. 25 Part 2 - Eligible Requests for Assisted Death
the primary medical practitioner must return, as soon as
practicable, the prescribed medication to the
pharmacist.
(2) If -
(a) a primary medical practitioner has collected an
eligible person's prescribed medication from a
pharmacist; and
(b) not all of the prescribed medication is
administered to the eligible person -
the primary medical practitioner must return, as soon as
practicable, any remaining prescribed medication to the
pharmacist.
Penalty: Fine not exceeding 50 penalty units.
30
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Act No. of
Part 2 - Eligible Requests for Assisted Death s. 27
Division 4 - Miscellaneous
26. Primary medical practitioner not to refuse assisted dying
request in certain circumstances
For the avoidance of doubt, a person's primary medical
practitioner is not to refuse a request made by the person
under this Act solely on the basis that the person
declines, or is unable, to contact any family or friends
significant to the person.
27. Rescission of assisted dying request
(1) A person may rescind, at any time and in any manner
the person thinks appropriate, any assisted dying
request made by the person regardless of the mental
state of the person at the time of the rescission.
(2) If a person rescinds an assisted dying request, all
assisted dying requests made by that person that exist at
the time of that rescission are rescinded.
(3) For the avoidance of doubt, nothing in this Act prevents
a person from making an initial oral request after any
previous assisted dying request by the person has been
rescinded in accordance with this Act.
28. Record requirements
(1) A person's primary medical practitioner is to record, or
file, the following information or documents on the
person's medical records:
(a) the primary medical practitioner's medical
diagnosis of, and medical prognosis for, the
person;
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Act No. of
s. 31 Part 2 - Eligible Requests for Assisted Death
(b) each assisted dying request made by the person;
(c) each determination by the primary medical
practitioner as to whether or not the person -
(i) is competent; or
(ii) is making an informed decision to
end his or her life; or
(iii) is voluntarily making an assisted
dying request;
(d) each written report provided to the primary
medical practitioner under section 15;
(e) each written report provided to the primary
medical practitioner under section 19(2);
(f) each time the primary medical practitioner -
(i) informed the person that he or she
may rescind an assisted dying
request made by the person; and
(ii) offered the person an opportunity
to rescind an assisted dying
request made by the person;
(g) the steps intended to be taken to fulfil the
assisted dying request of the person, including a
notation of the prescribed medication;
(h) after the prescribed medication has been
administered to the person, the steps taken
to fulfil the assisted dying request of the person,
including any steps taken by the primary
medical practitioner, or that the primary medical
32
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Act No. of
Part 2 - Eligible Requests for Assisted Death s. 28
practitioner is aware were taken, in respect of
any complications that occurred after the
administration of the prescribed medication;
(i) a note by the primary medical practitioner that
he or she has complied with all relevant
requirements of this Act;
(j) any other document or information as
prescribed.
(2) A person's primary medical practitioner must send, to
the Registrar, a copy of the records required to be kept
in respect of the person under subsection (1) as soon as
practicable after the record is made, or filed, under that
subsection.
Penalty: Fine not exceeding 50 penalty units.
(3) No later than 14 days after the death of an eligible
person in accordance with this Act, the eligible person's
primary medical practitioner must -
(a) ensure that a copy of each record required to be
kept in respect of that eligible person under
subsection (1) has been sent to the Registrar in
accordance with subsection (2); and
(b) send to the Registrar a copy of the notification
given under section 35 of the Births, Deaths and
Marriages Registration Act 1999 in respect of
the eligible person; and
(c) send to the Registrar a copy of any other
information that the primary medical
practitioner considers relevant.
Penalty: Fine not exceeding 50 penalty units.
33
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s. 31 Part 2 - Eligible Requests for Assisted Death
(4) A pharmacist who dispenses prescribed medication
under the authority of this Act must file a copy of any
record made under the Poisons Act 1971 in respect of
that medication with the Registrar no later than 14 days
after making the record.
Penalty: Fine not exceeding 50 penalty units.
34
Voluntary Assisted Dying Act 2016
Act No. of
Part 3 - Immunities and Liabilities s. 29
PART 3 - IMMUNITIES AND LIABILITIES
29. Effect of Act on wills, contracts and statutes
(1) Any provision of a will, contract or other agreement,
whether written or oral or made before or after the
commencement of this section, is invalid to the extent
that the provision attempts to affect whether or not a
person may make or rescind an assisted dying request
under this Act.
(2) No obligation owing under a contract, whether written
or oral or made before or after the commencement of
this section, is to be conditioned, or affected, by the
making of or rescinding of an assisted dying request
under this Act.
30. Insurance or annuity policy
(1) The sale, procurement or issuing of any life, health or
accident insurance, or annuity, policy or the rate
charged for any policy is not to be conditional on, or
affected by, the making or rescinding of, or the failure
to make or rescind, an assisted dying request by a
person.
(2) The act of a person self-administering prescribed
medication to end his or her life in accordance with this
Act is not to affect any life, health or accident
insurance, or annuity or policy that may be held in
respect of the person.
(3) The act of a person to end the life of another
35
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Act No. of
s. 31 Part 3 - Immunities and Liabilities
person in accordance with this Act is not to affect
any life, health or accident insurance, or annuity
or policy that may be held in respect of that other
person.
31. Immunities
(1) In this section -
participate in activities means to perform
functions and duties under this Act, other
than -
(a) making an initial medical diagnosis of, and
medical prognosis for, a person; or
(b) providing information about this Act to a
person on the request of that person; or
(c) providing a person with a referral to
another medical practitioner; or
(d) a person contracting with the person's
primary medical practitioner, or a
secondary medical practitioner of the
person, to act outside the course and scope
of the medical practitioner's capacity as an
employee or independent contractor of
another health service provider.
(2) Except as provided under sections 37, 38 and 39 -
(a) no person is subject to civil or criminal liability,
or professional disciplinary action, for anything
done in good faith and without negligence in
compliance with this Act, including:
36
Voluntary Assisted Dying Act 2016
Act No. of
Part 3 - Immunities and Liabilities s. 31
(i) assisting with the preparation of
medication or medical devices for the
self-administration; or
(ii) administration by the primary medical
practitioner of medication under this
Act; or
(iii) being present when an eligible person
self-administers medication or is
administered medication by the primary
medical practitioner under this Act.
(b) no professional organisation or association, or
health service provider, may subject a person to
censure, discipline, suspension, loss of licence,
loss of privileges, loss of membership or other
penalty for participating in activities, or refusing
to participate in activities, under this Act; and
(c) no assisted dying request by a person for, or the
provision by a primary medical practitioner of,
medication under this Act -
(i) constitutes neglect for any
purposes; or
(ii) provides the sole basis for the
appointment of a guardian; and
(d) no health service provider is under any duty,
whether by contract, statute or any other legal
basis, to participate in activities, or to assist in
the participation of activities, under this Act.
(3) Despite subsection (2)(d), if -
(a) a health service provider is unable, or
37
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Act No. of
s. 31 Part 3 - Immunities and Liabilities
unwilling, to participate in activities
under this Act; and
(b) as a result, a person transfers his or her
care to another health service provider -
the health service provider unable or unwilling to
participate in activities is to transfer, if requested
to do so, a copy of the person's relevant medical
records to the new health care provider.
(4) Despite any other provisions of this Act -
(a) a health service provider (the prohibiting
provider) may prohibit another health
service provider from participating in
activities under this Act, on the premises
of the prohibiting provider, if the
prohibiting provider has notified the other
health service provider of the prohibiting
provider's policy regarding participating
in activities under this Act; and
(b) a prohibiting provider may subject the
other health service provider to any one or
more of the following sanctions if the
prohibiting provider has notified the other
provider, prior to the other provider's
participation in activities under this Act
on the premises of the prohibiting
provider, that the prohibiting provider
prohibits participation in activities
under this Act on the premises of the
prohibiting provider:
(i) if the other provider is a member of
the prohibiting provider's staff, loss
of privileges, loss of membership or
38
Voluntary Assisted Dying Act 2016
Act No. of
Part 3 - Immunities and Liabilities s. 31
other sanction in accordance with
any by-laws or guidelines of the
prohibiting provider;
(ii) termination of lease or other
property contract;
(iii) other non-monetary remedies
provided by a lease or other
property contract, not including -
(A) the loss or restriction of
medical staff privileges; or
(B) exclusion of the other
provider from any board or
group operated by the
prohibiting provider;
(iv) termination of contract, or other
non-monetary remedies provided
by a contract, if the other provider
participates in activities under this
Act while an employee or
independent contractor of the
prohibiting provider, unless the
other provider is participating in
those activities while acting outside
the course and scope of his or her
capacity as an employee or
independent contractor of the
prohibiting provider.
(5) A prohibiting provider that imposes sanctions
under subsection (4)(b) must, in imposing those
sanctions, follow all due process and other
procedures the prohibiting provider may have in
relation to the imposition of the sanctions.
39
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Act No. of
s. 32 Part 4 - Registrar
PART 4 - REGISTRAR
32. Appointment of Registrar and staff
(1) The Minister is to appoint a person as the Registrar for
the purposes of this Act.
(2) To assist the Registrar in the performance of his or her
functions under this Act, the Minister may appoint such
other officers as are necessary.
(3) During any illness or absence of the Registrar, or
during any vacancy in the office of the Registrar, the
Minister may appoint a person as Acting Registrar to
carry out the functions of the Registrar.
(4) Any function performed, or power exercised, by an
Acting Registrar has the same force and effect as if it
were performed or exercised by the Registrar.
(5) A person appointed under this section -
(a) is appointed subject to and in accordance with
the State Service Act 2000; and
(b) may hold the office in conjunction with State
Service employment.
33. Functions and powers of Registrar
(1) The Registrar may do any one or more of the following:
(a) review a death that occurs as a result of
assistance provided under this Act, for the
purpose of monitoring compliance with
this Act;
40
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Act No. of
Part 4 - Registrar s. 32
(b) investigate, report and make
recommendations to the Minister on any
matter relating to the operation or
administration of this Act;
(c) communicate to appropriate authorities
any concerns the Registrar has about
compliance or non-compliance with this
Act;
(d) distribute information, and provide
education, relating to -
(i) the functions of the Registrar; and
(ii) the operation of this Act;
(e) perform such other functions, or exercise
such other powers, as may be prescribed.
(2) The Registrar has the power to do all things
necessary or convenient to be done in connection
with, or incidental to or related to, the
performance or exercise of his or her functions or
powers under this Act.
(3) The Registrar may delegate any of his or her
functions or powers under this Act, other than
this power of delegation.
34. General record requirements
(1) The Minister is to notify the Registrar of -
(a) any records, or other documents, required to be
kept by the Registrar for the purposes of this
Act; and
41
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Act No. of
s. 35 Part 4 - Registrar
(b) the form and content of such records; and
(c) the manner in which such records, or other
documents, are to be kept.
(2) The Registrar is to keep records and documents, for the
purposes of this Act, in accordance with the
requirements of the Minister under subsection (1).
(3) Unless otherwise notified by the Minister, the Registrar
may keep any records, or documents, electronically.
35. Annual report
(1) The Registrar must, on or before 31 October in each
year, give the Minister a report detailing the
administration and operation of this Act during the
financial year ending on the preceding 30 June.
(2) On receiving that report, the Minister is to cause a copy
of the report to be tabled in each House of Parliament
within 10 sitting-days after the copy of the report is
given to the Minister.
42
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Act No. of
Part 5 - Miscellaneous s. 36
PART 5 - MISCELLANEOUS
36. Use of interpreter, third party or other means of
communication
(1) A person may not make an assisted dying request
under this Act unless -
(a) each of the following persons is fluent in
the same language as the person making
the assisted dying request:
(i) the person's primary medical
practitioner;
(ii) each secondary medical
practitioner who examines the
person;
(iii) each person who provides
counselling to the person under
this Act; or
(b) an interpreter is present at each time of
communication between -
(i) the person making the assisted
dying request; and
(ii) each person referred to in
paragraph (a) who is not fluent in
the same language as the eligible
person.
(2) For the purpose of subsection (1)(b), a person is
an interpreter if -
43
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Act No. of
s. 36 Part 5 - Miscellaneous
(a) the person is fluent in the same language as
-
(i) the person making the assisted dying
request; and
(ii) the person referred to in
subsection (1)(b)(ii); and
(b) each person referred to in paragraph (a),
including the proposed interpreter, agrees
to that person acting as an interpreter.
(3) If a person is unable to speak adequately to
communicate orally, as required under this Act, the
person is taken to have communicated orally for the
purposes of this Act if the person communicates -
(a) in writing; or
(b) through another means that enables the person
to be understood aurally; or
(c) through another person familiar with the
person's manner of communication.
37. Offences relating to written requests
(1) A person making a written request must not ask another
person to complete or sign the written request on his or
her behalf if, at the time of asking, the person making
the request knew, or reasonably ought to have known,
that the other person was not permitted under section
17(4) to complete or sign the written request.
44
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Act No. of
Part 5 - Miscellaneous s. 37
Penalty: Fine not exceeding 200 penalty units.
(2) A person must not complete or sign, or complete
and sign, a written request on behalf of another
person if, at the time the person completes or
signs, or completes and signs, the written
request, he or she knew, or reasonably ought to
have known, that he or she was not permitted
under section 17(4) to complete or sign, or
complete and sign, the written request.
Penalty: Fine not exceeding 200 penalty units.
(3) A person making a written request must not ask
another person to witness that written request if,
at the time of asking, the person making the
written request knew, or reasonably ought to
have known, that the other person was not
permitted under section 17(5) or (6) to witness
the written request.
Penalty: Fine not exceeding 200 penalty units.
(4) A person must not witness a written request if, at
the time of witnessing the request, the person
knew, or reasonably ought to have known, that
he or she was not permitted under section 17(5)
or (6) to witness the request.
Penalty: Fine not exceeding 200 penalty units.
38. Offences relating to documents generally
(1) In this section -
45
Voluntary Assisted Dying Act 2016
Act No. of
Part 5 - Miscellaneous s. 46
assisted dying document means a document made,
recorded or filed for the purposes of this Act;
modify, in relation to a document, includes to alter,
forge, conceal or destroy the document.
(2) A person must not modify, rescind or reinstate an
assisted dying document with the intention, or effect, of
causing life-sustaining procedures or artificially
administered nutrition to be -
(a) withheld or withdrawn from another person,
resulting in the hastened death of that person; or
(b) maintained or continued in respect of another
person, resulting in the prolonged life of that
person.
Penalty: Fine not exceeding 200 penalty units or
imprisonment for a term not exceeding 5
years, or both.
(3) A person must not modify, rescind or reinstate an
assisted dying document for the purpose of causing
another person's death.
Penalty: Fine not exceeding 200 penalty units or
imprisonment for a term not exceeding 5
years, or both.
(4) A person must not modify, rescind or reinstate an
assisted dying document for any purpose that is not
otherwise specified in this section.
46
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s. 39 Part 5 - Miscellaneous
Penalty: Fine not exceeding 200 penalty units or
imprisonment for a term not exceeding
5 years, or both.
(5) A person is not guilty of an offence under this
section if that person has been lawfully
authorised to modify, rescind or reinstate the
document.
39. Offence to coerce or exert undue influence
(1) A person must not coerce or exert undue
influence on another person to make an assisted
dying request.
Penalty: Fine not exceeding 200 penalty units or
imprisonment for a term not exceeding
5 years, or both.
(2) A person must not coerce or exert undue
influence on another person to destroy or rescind
an assisted dying request.
Penalty: Fine not exceeding 200 penalty units or
imprisonment for a term not exceeding
5 years, or both.
(3) A person must not coerce or exert undue
influence on a medical practitioner to -
(a) perform any function, or exercise any
power, under this Act in respect of an
assisted dying request; or
(b) refuse to perform any function, or
exercise any power, under this Act in
47
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Act No. of
Part 5 - Miscellaneous s. 48
respect of an assisted dying request.
Penalty: Fine not exceeding 200 penalty units or
imprisonment for a term not exceeding 5
years, or both.
(4) For the avoidance of doubt, subsection (1) does not
apply to a medical practitioner in so far as the medical
practitioner is complying with appropriate medical
standards and any guidelines that apply in the
circumstances.
40. Offences generally
(1) Nothing in this Act limits liability for civil damages
resulting from negligent conduct or intentional
misconduct by any person.
(2) The penalties in this Act do not preclude criminal
penalties applicable under another Act for conduct
which is inconsistent with the provisions of this Act.
41. Death certificates
(1) Nothing in this Act prevents an eligible person's
primary medical practitioner from signing the
certificate given to the Registrar under section 35(3) of
the Births, Deaths and Marriages Registration Act
1999 in respect of the eligible person.
(2) For the purposes of section 35(1) of the Births, Deaths
and Marriages Registration Act 1999, the cause of
death of an eligible person who dies as a result of
assistance provided in accordance with this Act is taken
to include -
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Part 5 - Miscellaneous s. 42
(a) the eligible medical condition of the
eligible person; and
(b) that assistance has been provided under
this Act resulting in the death of the
eligible person.
42. General information requirements
(1) The Minister may make guidelines to facilitate
the collection or provision of information
relating to compliance with this Act.
(2) Any information collected or provided in
accordance with subsection (1) must not be
made available for inspection by the public,
unless otherwise authorised under this Act or
any other Act.
(3) A person who collects, or provides, information
under this Act does not contravene the Personal
Information Protection Act 2004 in respect of
that information if the information is collected
or provided in accordance with this Act or any
guidelines issued under this Act.
43. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
49
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s. 43 Part 5 - Miscellaneous
(3) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for the
imposition of a fine not exceeding 50 penalty
units and, in the case of a continuing offence, a
further fine not exceeding 10 penalty units for
each day during which the offence continues.
(4) The regulations may authorise any matter to be from
time to time determined, applied or regulated by any
person or body specified in the regulations.
(5) The regulations may adopt, either wholly or in part and
with or without modification, and either specifically or
by reference, any standards, rules, codes or
specifications, whether the standards, rules, codes or
specifications are published or issued before or after the
commencement of this Act.
(6) A reference in subsection (5) to standards, rules, codes
or specifications includes a reference to an amendment
of those standards, rules, codes or specifications,
whether the amendment is published or issued before or
after the commencement of this Act.
44. Review of Act
(1) The Minister is to cause a review of the operation of
this Act to be carried out as soon as
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Act No. of
Part 5 - Miscellaneous s. 45
practicable after the fifth anniversary of its
commencement.
(2) In causing the review to be undertaken, the
Minister is to ensure the public is given a
reasonable opportunity to make submissions on
the operation of this Act.
(3) The persons who carry out the review are to give
the Minister a written report on its outcome.
(4) The Minister is to cause a copy of the report to
be tabled in each House of Parliament within 10
sitting-days of that House after it is given to the
Minister.
45. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Health; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Health
and Human Services.
51