Voluntary Assisted Dying Act 2021 (SA)

South Australia Voluntary Assisted Dying Act 2021 An Act to provide for and regulate access to voluntary assisted dying, to establish the Voluntary Assisted Dying Review Board, to make related amendments to other Acts, and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Meaning of decision making capacity 5 Voluntary assisted dying not palliative care 6 Voluntary assisted dying not suicide 7 Interpreters 8 Principles 9 When may a person access voluntary assisted dying 10 Conscientious objection of registered health practitioners 11 Conscientious objection of operators of certain health service establishments 12 Voluntary assisted dying must not be initiated by registered health practitioner 13 Chief Executive may approve training for medical practitioners 14 Delegations Part 2—Conscientious objection of operators of certain residential facilities Division 1—Preliminary 15 Interpretation 16 Meaning of permanent residents of certain facilities Division 2—Information about voluntary assisted dying 17 Access to information about voluntary assisted dying Division 3—Request and assessment process 18 Application of Division 19 First requests and final requests 20 First assessments 21 Consulting assessments 22 Written declarations 23 Application for voluntary assisted dying permit Division 4—Accessing voluntary assisted dying and death 24 Administration of voluntary assisted dying substance Division 5—Information about non‑availability of voluntary assisted dying at certain facilities 25 Relevant entities to inform public of non‑availability of voluntary assisted dying at facility Part 3—Criteria for access to voluntary assisted dying 26 Criteria for access to voluntary assisted dying Part 4—Requesting access to voluntary assisted dying and assessment of eligibility Division 1—Minimum requirements for coordinating medical practitioners and consulting medical practitioners 27 Minimum requirements for coordinating medical practitioners and consulting medical practitioners 28 Certain registered medical practitioners not eligible to act as coordinating medical practitioner etc for person Division 2—First request 29 Person may make first request to registered medical practitioner 30 No obligation to continue after making first request 31 Registered medical practitioner must accept or refuse first request 32 Registered medical practitioner who accepts first request must record first request and acceptance 33 Registered medical practitioner who accepts first request becomes coordinating medical practitioner Division 3—First assessment 34 Commencement of first assessment 35 Coordinating medical practitioner must not commence first assessment unless approved assessment training completed 36 Referral for specialist opinion 37 Information to be provided if coordinating medical practitioner assesses person as meeting eligibility criteria 38 Outcome of first assessment 39 Recording and notification of outcome of first assessment 40 Referral for consulting assessment if person assessed as eligible Division 4—Consulting assessment 41 Registered medical practitioner must accept or refuse referral for a consulting assessment 42 Registered medical practitioner who accepts referral becomes consulting medical practitioner 43 Commencement of consulting assessment 44 Consulting medical practitioner must not commence consulting assessment unless approved assessment training completed 45 Referral for specialist opinion 46 Information to be provided if consulting medical practitioner assesses person as meeting eligibility criteria 47 Outcome of consulting assessment 48 Recording and notification of outcome of consulting assessment 49 Coordinating medical practitioner may refer person assessed as ineligible for further consulting assessment 50 Coordinating medical practitioner may transfer role of coordinating medical practitioner 51 Process for transfer of coordinating medical practitioner role Division 5—Written declaration 52 Person assessed as eligible for access to voluntary assisted dying may make written declaration 53 Witness to making of written declaration 54 Certification of witness to signing of written declaration Division 6—Final request, contact person and final review by coordinating medical practitioner 55 Person may make final request 56 Final request to be made a certain time after first request and consulting assessment 57 Contact person 58 Formal requirements for appointment of contact person 59 Final review by coordinating medical practitioner on receipt of final request 60 Technical error not to invalidate request and assessment process 61 Coordinating medical practitioner may apply for voluntary assisted dying permit on certification of request and assessment process on final review 62 No obligation for person to continue after certification of request and assessment process on final review Part 5—Voluntary assisted dying permits Division 1—Authorisations under voluntary assisted dying permit 63 What is authorised by self administration permit 64 What is authorised by practitioner administration permit Division 2—Voluntary assisted dying permits 65 Application for self administration permit 66 Application for practitioner administration permit 67 Chief Executive to determine application for a voluntary assisted dying permit 68 Operation of voluntary assisted dying permit 69 Return of any dispensed voluntary assisted dying substance 70 Cancellation of self administration permit Division 3—Later physical incapacity of person to self administer voluntary assisted dying substance 71 Person may request coordinating medical practitioner apply for a practitioner administration permit 72 Destruction of unfilled prescription by coordinating medical practitioner 73 Coordinating medical practitioner may apply for a practitioner administration permit Part 6—Accessing voluntary assisted dying and death Division 1—Prescribing, dispensing or disposing of voluntary assisted dying substance 74 Information to be given on prescribing a voluntary assisted dying substance 75 Information to be given by pharmacist dispensing a prescribed voluntary assisted dying substance 76 Labeling requirements for voluntary assisted dying substance 77 Pharmacist to record and notify of voluntary assisted dying substance dispensed 78 Secure storage of voluntary assisted dying substance 79 Pharmacist at dispensing pharmacy to dispose of returned voluntary assisted dying substance 80 Pharmacist at dispensing pharmacy to record and notify of disposal of returned voluntary assisted dying substance Division 2—Administration request and administration of voluntary assisted dying substance 81 Person may make administration request 82 Witness to administration request and administration of voluntary assisted dying substance 83 Certification by coordinating medical practitioner following administration of voluntary assisted dying substance Division 3—Notification of cause of death 84 Notification of disease, illness or medical condition of person to the Registrar and Coroner Part 7—Review of decisions by South Australian Civil and Administrative Tribunal 85 Review of decisions by South Australian Civil and Administrative Tribunal 86 Notice requirements 87 No further action to be taken in relation to access to voluntary assisted dying if application to Tribunal in existence 88 Application to Tribunal for review taken to be withdrawn in certain circumstances 89 Coordinating medical practitioner or consulting medical practitioner may refuse to continue process Part 8—Notifications and protections from liability Division 1—Notifications to Australian Health Practitioner Regulation Agency 90 Mandatory notification by registered health practitioner 91 Mandatory notification by employer 92 Voluntary notification by persons 93 Protection from liability for persons making notifications Division 2—Protection from liability for those who assist, facilitate, do not act or act in accordance with this Act 94 Protection from criminal liability of person who assists or facilitates request for or access to voluntary assisted dying 95 No liability for registered health practitioner who acts in accordance with this Act 96 No liability for registered health practitioner or ambulance paramedic present after person administered voluntary assisted dying substance 97 Certain provisions of Criminal Law Consolidation Act 1935 not to apply Part 9—Offences 98 Offence not to comply with practitioner administration permit 99 Offence for person to administer voluntary assisted dying substance to another person—self administration permit 100 Offence to induce another person to request voluntary assisted dying 101 Offence to induce self administration of a voluntary assisted dying substance 102 Offence to falsify form or record 103 Offence to make a false statement 104 Offence for contact person to fail to return unused or remaining voluntary assisted dying substance after death of person who is the subject of a self administration permit 105 Offence to fail to give copies of forms to the Board 106 Criminal liability of officers of body corporate—failure to exercise due diligence Part 10—Voluntary Assisted Dying Review Board Division 1—Voluntary Assisted Dying Review Board 107 Establishment of Voluntary Assisted Dying Review Board 108 Terms and conditions of membership 109 Presiding member and deputy presiding member 110 Board's procedures 111 Committees 112 Use of staff etc of Public Service 113 Functions and powers of the Board 114 Delegation 115 Board may seek external advice Division 2—Request for information, referral of identifying information held by the Board and notifications 116 Request for information by the Board 117 Referral of identifying information to others 118 Board to notify registered medical practitioner, pharmacist or Chief Executive on receipt of certain forms 119 Board to provide information to the contact person after the notification of the person's death Division 3—Reports and statistical information 120 Annual report 121 Report of the Board on request of the Minister or Chief Executive 122 Board may provide other reports 123 Contents of reports 124 Board to record, retain and make public statistical information Part 11—Miscellaneous 125 Confidentiality 126 Victimisation 127 Service 128 Minister to report annually on palliative care spending 129 Review of Act 130 Regulations Schedule 1—Related amendments and transitional provisions etc Part 1—Preliminary 1 Amendment provisions Part 2—Amendment of Advance Care Directives Act 2013 2 Insertion of section 7A 7A Interaction with Voluntary Assisted Dying Act 3 Amendment of section 12—Provisions that cannot be included in advance care directives 4 Amendment of section 23—Powers of substitute decision maker Part 3—Amendment of Consent to Medical Treatment and Palliative Care Act 1995 5 Insertion of section 4C 4C Interaction with Voluntary Assisted Dying Act Part 4—Amendment of Coroners Act 2003 6 Amendment of section 3—Interpretation Part 5—Amendment of Criminal Law Consolidation Act 1935 7 Amendment of section 13A—Criminal liability in relation to suicide Legislative history