Section 85 of the Voluntary Assisted Dying Act 2021 (SA) prescribes that the following eligibility requirements are ‘reviewable decisions’:

An application for review of a reviewable decision may be made to the South Australia Civil and Administrative Tribunal (‘SACAT’) by the person to whom the decision relates, or a family member of the person or any other person SACAT is satisfied has sufficient interest in the matter [s 85(2) and Voluntary Assisted Dying Regulations 2022 (SA)]. An application for review to SACAT must be made within 28 days after the date of the reviewable decision or such longer time allowed by SACAT. Given the nature of the pathway, care should be taken to bring an application without delay.

Both the coordinating and consulting doctors completing assessments must have completed the approved training before assessing eligibility [ss 35 and 44]. Either doctor can also refer a particular question to a specialist for a more qualified opinion (i.e. to determine capacity or life expectancy) [ss 36 and 45]. If a specialist opinion has been sought, this may have an impact on the outcome of any review.

All pathway assessments, applications and permits are suspended while the decision is being reviewed [s 87]. An application for review is deemed to have been withdrawn if the person seeking voluntary assisted dying has died [s 88].

The Voluntary Assisted Dying Review Board does not reconsider reviewable decisions and is instead tasked with overseeing voluntary assisted dying.

If you are thinking about applying for a review with SACAT, you should seek legal advice. You can call the free Legal Help Line on 1300 366 424.

For more information about the reviewing decisions at SACAT, see State administrative appeals.