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.
15 Third opinion to be given by psychiatrist if competence not established to satisfaction of 1 or both medical practitioners

(1)

This section applies if—

(a)

the following situation exists:

(i)

the attending medical practitioner reaches the opinion described in section 13(2)(a); and

(ii)

the independent medical practitioner reaches the opinion described in section 14(3)(c)(iii); or

(b)

the following situation exists:

(i)

the attending medical practitioner reaches the opinion described in section 13(2)(c); and

(ii)

the independent medical practitioner reaches the opinion described in section 14(3)(c)(i); or

(c)

the following situation exists:

(i)

the attending medical practitioner reaches the opinion described in section 13(2)(c); and

(ii)

the independent medical practitioner reaches the opinion described in section 14(3)(c)(iii).

(2)

The medical practitioners must jointly—

(a)

ask the SCENZ Group for the name and contact details of a psychiatrist; and

(b)

ask the psychiatrist for their opinion on whether the person requesting the option of receiving assisted dying is competent to make an informed decision about assisted dying.

(3)

The psychiatrist must—

(a)

read the person’s medical files; and

(b)

examine the person; and

(c)

reach the opinion that—

(i)

the person is competent to make an informed decision about assisted dying; or

(ii)

the person is not competent to make an informed decision about assisted dying.

(4)

The psychiatrist must—

(a)

complete an approved form recording their opinion; and

(b)

send the completed form to the Registrar; and

(c)

send a copy of the completed form to—

(i)

the attending medical practitioner; and

(ii)

the independent medical practitioner.