Victorian Numbered Acts Victorian Numbered Acts(1) If the co-ordinating medical practitioner is unable to determine whether the person has decision-making capacity in relation to voluntary assisted dying as required by the eligibility criteria, for example, due to a past or current mental illness of the person, the co-ordinating medical practitioner must refer the person to a registered health practitioner who has appropriate skills and training, such as a psychiatrist in the case of mental illness.
(2) If the co-ordinating medical practitioner is unable to determine whether the person's disease, illness or medical condition meets the requirements of the eligibility criteria, the co-ordinating medical practitioner must refer the person to a specialist registered medical practitioner who has appropriate skills and training in that disease, illness or medical condition.
(3) If the co-ordinating medical practitioner refers the person to—
(a) a registered health practitioner under subsection (1); or
(b) a specialist registered medical practitioner under subsection (2)—
the co-ordinating medical practitioner may adopt the determination of the registered health practitioner or specialist registered medical practitioner (as the case requires) in relation to the matter in respect of which the person was referred.
(4) If the co-ordinating medical practitioner is able to determine that the person has a disease, illness or medical condition that is neurodegenerative in accordance with section 9(4) that—
(a) will cause death; and
(b) is expected to cause death between 6 and 12 months—
the co-ordinating medical practitioner must refer the person to a specialist registered medical practitioner who has appropriate skills and training in that particular disease, illness or medical condition that is neurodegenerative, whether or not the co-ordinating medical practitioner had also made a referral under subsection (2).
(5) The specialist registered medical practitioner referred to in subsection (4) must—
(a) determine whether the person has a disease, illness or medical condition that is neurodegenerative that—
(i) will cause death; and
(ii) is expected to cause death between 6 and 12 months; and
(b) provide a clinical report to the co-ordinating medical practitioner that sets out the specialist registered medical practitioner's determination.
(6) If the co-ordinating medical practitioner refers the person to a specialist registered medical practitioner under subsection (4), the co-ordinating medical practitioner must adopt the determination of the specialist registered medical practitioner in respect of the matter in relation to which the person was referred.