Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"administration request" means a request made under section 64 for the administration of a voluntary assisted dying substance;
"approved assessment training" means training approved by the Secretary under section 114;
"Australian Health Practitioner Regulation Agency" means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;
"Board" means the Voluntary Assisted Dying Review Board established under section 92;
"Chief Commissioner of Police" has the same meaning as Chief Commissioner has in the Victoria Police Act 2013 ;
"consulting assessment" means an assessment
of a person conducted in
accordance with Division 4 of Part 3 by a consulting medical practitioner for
the person;
"consulting assessment report form" means a form in the form of Form 2 in Schedule 1 completed under section 30;
"consulting medical practitioner" for a person means a registered medical practitioner who accepts a referral to conduct a consulting assessment of the person;
"contact person" means a person appointed under section 39 ;
"contact person appointment form" means a form in the form of Form 4 in Schedule 1 completed under section 40;
"co-ordinating medical practitioner" for a person means a person who is—
(a) a registered medical practitioner who accepts the person's first request; or
(b) a consulting medical practitioner for the person who accepts a transfer of the role of co-ordinating medical practitioner under section 33 ;
"co-ordinating medical practitioner administration form" means a form in the form of Form 8 in Schedule 1 completed by a witness under section 65 and a co-ordinating medical practitioner under section 66;
decision-making capacity has the meaning set out in section 4 ;
"de-identified", in relation to personal information or health information, means personal information or health information that no longer relates to an identifiable individual or an individual who can be reasonably identified;
"dispensing pharmacy" means the pharmacy, pharmacy business or pharmacy department from which a pharmacist sold or supplied a voluntary assisted dying substance;
"domestic partner" of a person means—
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government, a government agency, a body corporate or a charitable or benevolent organisation);
"drug of dependence" has the same meaning as in section 4 of the Drugs, Poisons and Controlled Substances Act 1981 ;
"eligibility criteria" means the criteria set out in section 9;
"family member" of a person means the person's spouse or domestic partner, parent, sibling, child or grandchild;
"final request" means a request for access to voluntary assisted dying made under section 37 by a person to the co-ordinating medical practitioner for the person;
"final review" means a review conducted under section 41 by the co-ordinating medical practitioner for the person;
"final review form" means a form in the form of Form 5 in Schedule 1 completed under section 41;
"first assessment" means an assessment of a person conducted in accordance with Division 3 of Part 3 by the co-ordinating medical practitioner for the person;
"first assessment report form" means a form in the form of Form 1 in Schedule 1 completed under section 21;
"first request" means a request for access to voluntary assisted dying made under section 11 by a person to a registered medical practitioner;
"health facility" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;
"health information" has the same meaning as in the Health Records Act 2001 ;
"health service" has the same meaning as in the Health Complaints Act 2016 ;
"identifying information" means health information or personal information about a person whose identity is apparent, or can reasonably be ascertained, from that information;
ineligible witness has the meaning given by section 35(2) ;
"labelling statement" means a statement attached to a container as required by section 59(1);
"mental illness" has the same meaning as in the Mental Health Act 2014 ;
"palliative care" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;
"personal information" has the same meaning as in the Privacy and Data Protection Act 2014 ;
"pharmacist" means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
"pharmacy" has the same meaning as in the Pharmacy Regulation Act 2010 ;
"pharmacy business" has the same meaning as in the Pharmacy Regulation Act 2010 ;
"pharmacy department" has the same meaning as in the Pharmacy Regulation Act 2010 ;
"poison or controlled substance" has the same meaning as in section 4 of the Drugs, Poisons and Controlled Substances Act 1981 ;
"Poisons Code" has the same meaning as in section 4 of the Drugs, Poisons and Controlled Substances Act 1981 ;
"practitioner administration permit" means a permit issued under section 49(2)(a)(ii);
"professional care services" means any of the following provided to another person under a contract of employment or a contract for services—
(a) support or assistance;
(c) a disability service within the meaning of the Disability Act 2006 ;
"psychiatrist "means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student);
"registered health practitioner" means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);
"Registrar" has the same meaning as in the Births, Deaths and Marriages Registration Act 1996 ;
"request and assessment process" means, in respect of a person, the making or the conducting of the following under Part 3—
(a) a first request;
(b) a first assessment;
(c) a consulting assessment;
(d) a written declaration;
(e) a final request;
(f) a contact person appointment;
(g) a final review;
"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services;
"self-administration permit" means a permit issued under section 49(2)(a)(i);
"special or personal care" means—
(a) assistance with one or more of the following—
(i) bathing, showering or personal hygiene;
(ii) toileting;
(iii) dressing or undressing;
(iv) meals; or
(b) assistance for persons with mobility problems; or
(c) assistance for persons who are mobile but require some form of supervision or assistance; or
(d) assistance or supervision in administering medicine; or
(e) the provision of substantial emotional support;
"spouse "of a person means a person to whom the person is married;
"supply" has the same meaning as in section 4 of the Drugs, Poisons and Controlled Substances Act 1981 ;
vocationally registered general practitioner has the same meaning as in the Health Insurance Act 1973 of the Commonwealth;
"voluntary assisted dying" means the administration of a voluntary assisted dying substance and includes steps reasonably related to such administration;
"voluntary assisted dying permit" means—
(a) a self-administration permit; or
(b) a practitioner administration permit;
"voluntary assisted dying substance" means a poison or controlled substance or a drug of dependence specified in a voluntary assisted dying permit for the purpose of causing a person's death;
"voluntary assisted dying substance dispensing form" means a form in the form of Form 6 in Schedule 1 completed by a pharmacist under section 60 ;
"voluntary assisted dying substance disposal form" means a form in the form of Form 7 in Schedule 1 completed by a pharmacist under section 63;
"written declaration" means a declaration made under section 34 in the form of Form 3 in Schedule 1.
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship "has the same meaning as it has in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person merely because they are co-tenants.