End of Life Choice Act 2019

  • Corrections have been made to section 35(b) on 21 July 2020 under section 25(1)(j)(iii) of the Legislation Act 2012.
12 Request confirmed

(1)

This section applies after the attending medical practitioner complies with section 11.

(2)

If the person requesting to exercise the option of receiving assisted dying (A) wishes to proceed, the attending medical practitioner must give A the approved form referred to in section 11(2)(i).

(3)

A must—

(a)

sign and date the second part of the form; or

(b)

be present when the second part of the form is signed and dated as described in subsection (4).

(4)

The second part of the form may be signed and dated by another person (B) if—

(a)

A cannot write for any reason; and

(b)

A requests B to sign and date it; and

(c)

B notes on the form that they signed the second part of the form in the presence of A; and

(d)

B confirms on the form that B is not—

(i)

a health practitioner caring for A; or

(ii)

a person who knows that they stand to benefit from the death of A; or

(iii)

a person aged under 18 years; or

(iv)

a person with a mental incapacity.

(5)

The attending medical practitioner must—

(a)

be present when—

(i)

subsection (3)(a) is complied with; or

(ii)

subsections (3)(b) and (4) are complied with; and

(b)

collect the form; and

(c)

send the completed form to the Registrar.