Victorian Numbered Acts

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VOLUNTARY ASSISTED DYING ACT 2017 (NO. 61 OF 2017) - SECT 35

Witness to making of written declaration

    (1)     A person is eligible to witness the making of a written declaration if the person is—

        (a)     aged 18 years or more; and

        (b)     not an ineligible witness.

    (2)     A person is an ineligible witness for the purposes of a written declaration if the person—

        (a)     knows or believes that the person—

              (i)     is a beneficiary under a will of the person making the declaration; or

              (ii)     may otherwise benefit financially or in any other material way from the death of the person making the declaration; or

        (b)     is an owner of, or is responsible for the day-to-day operation of, any health facility at which—

              (i)     the person making the declaration is being treated; or

              (ii)     the person making the declaration resides; or

        (c)     is directly involved in providing health services or professional care services to the person making the declaration.

    (3)     Not more than one witness may be a family member of the person making the written declaration.



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