Voluntary Assisted Dying Act 2019 (WA)

Western Australia Voluntary Assisted Dying Act 2019 Western Australia Voluntary Assisted Dying Act 2019 Contents Part 1 — Preliminary Division 1 — Introductory provisions 1. Short title 2 2. Commencement 2 3. Act binds Crown 2 Division 2 — Principles 4. Principles 2 Division 3 — Interpretation 5. Terms used 4 6. Decision‑making capacity 9 7. Voluntary assisted dying substance 9 8. When request and assessment process completed 10 Division 4 — Other provisions 9. Registered health practitioner may refuse to participate in voluntary assisted dying 10 10. Health care worker not to initiate discussion about voluntary assisted dying 10 11. Contravention of Act by registered health practitioner 12 12. Voluntary assisted dying not suicide 12 13. Inherent jurisdiction of Supreme Court not affected 12 14. Relationship with Medicines and Poisons Act 2014 and Misuse of Drugs Act 1981 12 Part 2 — Requirements for access to voluntary assisted dying 15. When person can access voluntary assisted dying 13 16. Eligibility criteria 13 Part 3 — Requesting access to voluntary assisted dying and assessment of eligibility Division 1 — Eligibility requirements for medical practitioners 17. Eligibility to act as coordinating practitioner or consulting practitioner 15 Division 2 — First request 18. Person may make first request to medical practitioner 16 19. No obligation to continue after making first request 17 20. Medical practitioner to accept or refuse first request 17 21. Medical practitioner to record first request and acceptance or refusal 18 22. Medical practitioner to notify Board of first request 18 23. Medical practitioner becomes coordinating practitioner if first request accepted 19 Division 3 — First assessment 24. First assessment 19 25. Coordinating practitioner to have completed approved training 20 26. Referral for determination 20 27. Information to be provided if patient assessed as meeting eligibility criteria 21 28. Outcome of first assessment 22 29. Recording and notification of outcome of first assessment 23 30. Referral for consulting assessment if patient assessed as eligible 24 Division 4 — Consulting assessment 31. Medical practitioner to accept or refuse referral for consulting assessment 24 32. Medical practitioner to record referral and acceptance or refusal 25 33. Medical practitioner to notify Board of referral 26 34. Medical practitioner becomes consulting practitioner if referral accepted 26 35. Consulting assessment 26 36. Consulting practitioner to have completed approved training 27 37. Referral for determination 27 38. Information to be provided if patient assessed as meeting eligibility criteria 28 39. Outcome of consulting assessment 28 40. Recording and notification of outcome of consulting assessment 29 41. Referral for further consulting assessment if patient assessed as ineligible 30 Division 5 — Written declaration 42. Patient assessed as eligible may make written declaration 30 43. Witness to signing of written declaration 32 44. Certification of witness to signing of written declaration 32 45. Coordinating practitioner to record written declaration 33 46. Coordinating practitioner to notify Board of written declaration 33 Division 6 — Final request and final review 47. Patient may make final request to coordinating practitioner 34 48. When final request can be made 34 49. Coordinating practitioner to record final request 35 50. Coordinating practitioner to notify Board of final request 35 51. Final review by coordinating practitioner on receiving final request 36 52. Technical error not to invalidate request and assessment process 37 53. No obligation for patient to continue after completion of request and assessment process 37 Part 4 — Accessing voluntary assisted dying and death Division 1 — Eligibility requirements for administering practitioners 54. Eligibility to act as administering practitioner 38 Division 2 — Administration of voluntary assisted dying substance 55. Application of Division 39 56. Administration decision 39 57. Revocation of administration decision 40 58. Self‑administration 41 59. Practitioner administration 43 60. Coordinating practitioner to notify Board of administration decision and prescription of substance 44 61. Certification by administering practitioner following administration of prescribed substance 45 62. Witness to administration of prescribed substance 46 63. Transfer of administering practitioner's role 47 Division 3 — Contact person 64. Application of Division 48 65. Patient to appoint contact person 48 66. Contact person appointment form 49 67. Role of contact person 50 68. Contact person may refuse to continue in role 51 Division 4 — Prescribing, supplying and disposing of voluntary assisted dying substance 69. Information to be given before prescribing substance 51 70. Prescription for substance 53 71. Authorised supplier to authenticate prescription 54 72. Information to be given when supplying prescribed substance 54 73. Labelling requirements for prescribed substance 55 74. Authorised supplier to record and notify of supply 55 75. Disposal of prescribed substance by authorised disposer 56 76. Authorised disposer to record and notify of disposal 56 77. Disposal of prescribed substance by administering practitioner 57 78. Administering practitioner to record and notify of disposal 58 Division 5 — Other matters 79. Authorised suppliers and authorised disposers 59 80. Certain directions as to supply or administration prohibited 59 81. Structured administration and supply arrangement not to be issued for substance 60 82. Notification of death 60 Part 5 — Review by Tribunal 83. Terms used 62 84. Application for review of certain decisions by Tribunal 62 85. Notice of decision and right to have it reviewed 63 86. Consequences of review application 63 87. Review application taken to be withdrawn if patient dies 64 88. Decision of Tribunal 64 89. Effect of decision under s. 88(a), (c) or (e) 65 90. Effect of decision under s. 88(b), (d) or (f) 66 91. Coordinating practitioner may refuse to continue in role 67 92. Constitution and membership of Tribunal 67 93. Hearings of Tribunal to be held in private 67 94. Notice requirements 68 95. Coordinating practitioner to give Tribunal relevant material 69 96. Tribunal to give written reasons for decision 69 97. Published decisions or reasons to exclude personal information 70 98. Interim orders 71 Part 6 — Offences 99. Unauthorised administration of prescribed substance 72 100. Inducing another person to request or access voluntary assisted dying 72 101. Inducing self‑administration of prescribed substance 72 102. False or misleading information 73 103. Advertising Schedule 4 or 8 poison as voluntary assisted dying substance 73 104. Cancellation of document presented as prescription 73 105. Contact person to give unused or remaining substance to authorised disposer 74 106. Recording, use or disclosure of information 75 107. Publication of personal information concerning proceeding before Tribunal 76 108. Failure to give form to Board 77 Part 7 — Enforcement 109. Application of Medicines and Poisons Act 2014 Part 7 78 110. Court to notify CEO of conviction of offence under Act 78 111. Who may commence proceedings for simple offence 79 112. Time limit for prosecution of simple offence 79 Part 8 — Protection from liability 113. Protection for persons assisting access to voluntary assisted dying or present when substance administered 80 114. Protection for persons acting in accordance with Act 80 115. Protection for certain persons who do not administer lifesaving treatment 80 Part 9 — Voluntary Assisted Dying Board Division 1 — Establishment 116. Board established 82 117. Status 82 Division 2 — Functions and powers 118. Functions of Board 82 119. Powers of Board 83 120. Delegation by Board 83 Division 3 — Staff and assistance 121. Staff and services 84 122. Assistance 84 Division 4 — Accountability 123. Minister may give directions 84 124. Minister to have access to information 85 Division 5 — Membership 125. Membership of Board 85 126. Chairperson and deputy chairperson 86 127. Term of office 86 128. Casual vacancies 86 129. Extension of term of office during vacancy 87 130. Alternate members 87 131. Remuneration of members 88 Division 6 — Board meetings 132. Holding meetings 88 133. Quorum 88 134. Presiding member 88 135. Procedure at meetings 89 136. Voting 89 137. Holding meetings remotely 89 138. Resolution without meeting 89 139. Minutes 89 Division 7 — Disclosure of interests 140. Disclosure of material personal interest 89 141. Voting by interested member 90 142. Section 141 may be declared inapplicable 90 143. Quorum where s. 141 applies 91 144. Minister may declare s. 141 and 143 inapplicable 91 Division 8 — Committees 145. Establishment of committees 91 146. Directions to committee 91 147. Committee to determine own procedures 92 148. Remuneration of committee members 92 Division 9 — Information 149. Board to send information to contact person for patient 92 150. Request for information 92 151. Disclosure of information 93 152. Board to record and retain statistical information 93 Division 10 — Miscellaneous 153. Board to notify receipt of forms 94 154. Execution of documents by Board 94 155. Annual report 94 Part 10 — Access standard 156. Standard about access to voluntary assisted dying 96 Part 11 — General 157. Transfer of coordinating practitioner's role 97 158. Communication between patient and practitioner 98 159. Information about voluntary assisted dying 99 160. CEO may approve training 100 161. CEO may approve forms 100 162. Interpreters 100 163. Regulations 101 164. Review of Act 101 Part 12 — Consequential amendments to other Acts Division 1 — Constitution Acts Amendment Act 1899 amended 165. Act amended 103 166. Schedule V amended 103 Division 2 — Coroners Act 1996 amended 167. Act amended 103 168. Section 3A inserted 103 3A. Death under Voluntary Assisted Dying Act 2019 not reportable death 103 Division 3 — Guardianship and Administration Act 1990 amended 169. Act amended 104 170. Section 3B inserted 104 3B. Act does not authorise decisions about voluntary assisted dying 104 Division 4 — Health and Disability Services (Complaints) Act 1995 amended 171. Act amended 104 172. Section 3 amended 105 Division 5 — Medicines and Poisons Act 2014 amended 173. Act amended 105 174. Section 3 amended 105 175. Section 7 amended 106 176. Section 14 amended 107 177. Section 28 amended 110 178. Section 83 amended 110 179. Section 115 amended 110 Division 6 — Misuse of Drugs Act 1981 amended 180. Act amended 111 181. Section 5C inserted 111 5C. Authorisation under Voluntary Assisted Dying Act 2019 111 182. Section 5 amended 112 183. Section 6 amended 112 184. Section 7 amended 113 185. Section 7B amended 113 186. Section 27 amended 113 Notes Compilation table 115 Defined terms Western Australia Voluntary Assisted Dying Act 2019 An Act — * to provide for and regulate access to voluntary assisted dying; and * to establish the Voluntary Assisted Dying Board; and * to make consequential amendments to other Acts.