Eligibility criteria: ordinarily resident in Western Australia
As you may be aware, the State Administrative Tribunal has recently considered applications on the question of eligibility in relation to s16(b) of the Voluntary Assisted Dying Act 2019 (the Act) which requires the person to be ordinarily resident in WA for at least 12 months at the time of making a First Request.
The End of Life Care Program has issued the following updated guidance to assist practitioners in light of the SAT decisions:
At the time of making the First Request, the patient must have been ordinarily resident in WA for at least 12 months. This means that WA is their home, or usual place of residence, and has been for at least a year.
There are no fixed criteria for determining when a patient has been ‘ordinarily resident’ in WA. It does not mean that the patient must have lived continuously in WA for the entire 12 months. It is also not a requirement for a patient to have been ‘ordinarily resident’ in WA in the 12 months immediately prior to the First and Consulting Assessments. A patient can have periods outside of WA - for example, travelling on holiday, temporarily living elsewhere for work or personal commitments, or working a ‘fly-in fly-out job’ - and still be a resident of WA.
Where the Coordinating Practitioner or Consulting Practitioner has an ongoing relationship with the patient it may be relatively straightforward to determine if they have been ordinarily resident in WA. In other instances, it is recommended that the Coordinating Practitioner or Consulting Practitioner seeks evidence from the person to inform their decision.
Voluntary assisted dying practitioners should become familiar with the SAT decision, AB and CD [2024] WASAT 6 which provides further guidance on factors which may be relevant to take into consideration in determining a patient’s residency status.
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