State of Victoria
Voluntary Assisted Dying
Act 2017
No. 61 of 2017
3. Definitions
registered health practitioner means a person registered
under the Health Practitioner Regulation National Law to practise a
health profession (other than as a student);
voluntary assisted dying means the administration of a
voluntary assisted dying substance and includes steps reasonably related to
such administration;
5. Principles
(1) A person exercising a power or performing a function or duty under
this Act must have regard to the following principles -
(f) individuals should be encouraged to openly discuss death and dying
and an individual's preferences and values should be encouraged and
promoted;
(g) individuals should be supported in conversations with the
individual's health practitioners, family and carers and community about
treatment and care preferences;
(j) all persons, including health practitioners, have the right to be
shown respect for their culture, beliefs, values and personal
characteristics.
7. Conscientious objection of registered health
practitioners
A registered health practitioner who has a conscientious objection to
voluntary assisted dying has the right to refuse to do any of the following-
(a) to provide information about voluntary assisted
dying;
(b) to participate in the request and assessment process;
(c) to apply for a voluntary assisted dying permit;
(d) to supply, prescribe or administer a voluntary
assisted dying substance;
(e) to be present at the time of administration of a
voluntary assisted dying substance;
(f) to dispense a prescription for a voluntary assisted
dying substance.
8. Voluntary assisted dying must not be initiated by
registered health practitioner
(1) A registered health practitioner who provides health services or
professional care services to a person must not, in the course of providing
those services to the person -
(a) initiate discussion with that person that is in
substance about voluntary assisted dying; or
(b) in substance, suggest voluntary assisted dying to
that person.
(2) Nothing in subsection (1) prevents a registered health practitioner
providing information about voluntary assisted dying to a person at that
person's request.
(3) A contravention of subsection (1) is to be regarded as unprofessional
conduct within the meaning and for the purposes of the Health Practitioner
Regulation National Law.
11. Person may make first request to registered
medical practitioner
(1) A person may make a request to a registered medical practitioner for
access to voluntary assisted dying.
(2) A request for access to voluntary assisted dying must be -
(a) clear and unambiguous; and
(b) made by the person personally.
(3) The person may make the request verbally or by gestures or other
means of communication available to the person.
13. Registered medical practitioner must accept or
refuse first request
(1) Within 7 days after receiving a first request from a person, the
registered medical practitioner to whom the request was made must inform the
person that the practitioner -
(a) accepts the first request; or
(b) refuses the first request because the practitioner -
(i) has a conscientious objection to voluntary
assisted dying; or
(ii) believes that the practitioner will not be able
to perform the duties of co-ordinating medical practitioner due to
unavailability; or
(iii) is required under subsection (2) to 5 refuse
the first request.
14. Registered medical practitioner who accepts first
request must record first request and acceptance
If the registered medical practitioner accepts the person's first
request, the practitioner must-
(a) record the practitioner's decision to accept the
first request in the person's medical record; and
(b) record the first request in the person's medical
record.
23. Registered medical practitioner must accept or
refuse referral for a consulting assessment
(1) Within 7 days after a registered medical practitioner receives a
referral for a consulting assessment of a person from the co-ordinating
medical practitioner for the person under section 22, 31, 33(3)(a) or 73(4),
the registered medical practitioner must inform the person and the
co-ordinating medical practitioner that the practitioner -
(a) accepts the referral; or
(b) refuses the referral because the practitioner -
(i) has a conscientious objection to voluntary
assisted dying; or
(ii) believes that the practitioner will not be able
to perform the duties of consulting medical practitioner due to
unavailability; or
(iii) is required under subsection (2), (3) or (4) to
refuse the referral.