Request and assessment—Voluntary assisted dying process
First assessment
Following your first request, your coordinating doctor assesses if you are eligible for voluntary assisted dying.
To be eligible for voluntary assisted dying, your coordinating doctor will assess you against each of the eligibility criteria.
You must meet all the eligibility criteria to access voluntary assisted dying.
If your coordinating doctor wants a second opinion
If your coordinating doctor cannot determine if you:
- have a disease, illness or medical condition that is advanced, progressive, and is expected to cause death within 12 months, that is causing intolerable suffering
- have decision-making capacity in relation to voluntary assisted dying
- are acting voluntarily or without coercion
they must refer you to another registered health practitioner or person with appropriate skills and training to determine if you do.
Once you have been to your referral appointment and your coordinating doctor has received the report, they can choose to:
- adopt the determination in the report
- rely on their own determination
- seek a further determination (there is no limit on the number of times this can occur).
Your coordinating doctor will use their clinical judgement and expertise in making this decision.
Understand specific information provided
If your coordinating doctor believes you meet all the eligibility criteria they will give you information about:
- your diagnosis and prognosis
- the treatment options available to you and the likely outcomes of that treatment
- the palliative care and treatment options available to you and the likely outcomes of that care and treatment
- the request and assessment process, including the requirement for a written request (the second request) signed in the presence of 2 witnesses
- the potential risks of self-administering or being administered the voluntary assisted dying substance likely to be prescribed
- that the expected outcome of self-administering or being administered the voluntary assisted dying substance is death
- the method the voluntary assisted dying substance is likely to be self-administered or practitioner administered
- the need to appoint a contact person if you make an administration decision
- the fact that you can decide at any time not to continue the request and assessment process or not to access voluntary assisted dying
- if you are receiving ongoing health services from other healthcare workers you might wish to tell them about your request to access voluntary assisted dying.
Before you can be assessed as eligible to access voluntary assisted dying your coordinating doctor must be satisfied that you understand the information you are given.
Outcome of the assessment
Assessed as eligible
You will be assessed as eligible and meeting the requirements of the first assessment If your coordinating doctor is satisfied you:
- meet all the eligibility criteria
- understand the information provided.
Your coordinating doctor will then refer you to another doctor for a second assessment–called the consulting assessment.
If the other doctor accepts the referral, they become your consulting practitioner (consulting doctor).
Assessed as ineligible
Your coordinating doctor can assess you as ineligible for voluntary assisted dying if they are not satisfied you:
- meet all the eligibility criteria
- understand the information given to you about voluntary assisted dying.
If your coordinating doctor assesses you as ineligible, the voluntary assisted dying process ends.
If your coordinating doctor decides that you are ineligible, they will:
- Explain why you are not eligible.
- If relevant, they may explain that your eligibility might change, if your circumstances change in the future. They may also explain that if your eligibility changes in the future, you may start the process again by making a new first request with them or a different doctor. For example, if your prognosis changes, you may become eligible for voluntary assisted dying at a later date.
- If the decision is reviewable by the Queensland Civil and Administrative Tribunal (QCAT), give you information about the decisions, the reasons for the decision and your right to have the decision reviewed by QCAT.
- Give you a written copy of their decision.
Your coordinating doctor may also talk to you about other care and support available to you. This could include:
- discussing how your treating healthcare team may help ease any physical symptoms, psychological, social or spiritual distress you may be experiencing
- updating your care plan
- providing you with alternate referrals to relevant healthcare workers
- organising additional support from a specialist palliative care team (if one is not already involved in your care)
- discussing your ineligibility for voluntary assisted dying with other members of your healthcare team and family, if you do not want this to happen though they will respect your privacy.
What you can do
If your coordinating doctor assesses you as ineligible you can:
- make a new first request to a different doctor
- if your situation changes, make a new first request to the same doctor at a different time.
If you do this the voluntary assisted dying process will start from the beginning.
You can also apply to have certain decisions of the coordinating doctor reviewed by QCAT.
In this guide: