Voluntary Assisted Dying Review Board

Functions and powers of the board

Section 93 of the Act provides for the functions and powers of the Board. It states:

The Board has the following functions—

• to monitor matters related to voluntary assisted dying;
• to review the exercise of any function or power under this Act;
• to provide reports to each House of the Parliament on the operation of this Act and any recommendations for the improvement of voluntary assisted dying;
• to promote compliance with the requirements of this Act by the provision of information in respect of voluntary assisted dying to registered health practitioners and members of the community;
• to refer any issue identified by the Board in relation to voluntary assisted dying that is relevant to the following persons or bodies—
  • the Chief Commissioner of Police;
  • the Registrar;
  • the Secretary;
  • the State Coroner;
  • the Australian Health Practitioner Regulation Agency;
  • to promote continuous improvement in the quality and safety of voluntary assisted dying to those who exercise any function or power under this Act;
  • to conduct analysis of, and carry out research in relation to, information or forms given to the Board in accordance with this Act
• to provide information about voluntary assisted dying, and other matters identified by the Board in the performance of a function under this Act;
• to collect, use and disclose forms and information provided in accordance with this Act for the purposes of carrying out a function of the Board;
• to consult and engage with any of the following persons and groups in relation to voluntary assisted dying—
  • the Victorian community;
  • relevant groups or organisations;
  • government departments and agencies;
  • registered health practitioners who provide voluntary assisted dying services;
• to provide advice to the Minister or the Secretary in relation to the operation of this Act;
• to provide reports to the Minister or the Secretary, in respect of any matter relevant to the functions of the Board as
• The Board has all the powers that are necessary or convenient to perform its functions under the Act

Principles

Extract from section 5 of the Act:

• A person exercising a power or performing a function or duty under this Act must have regard to the following principles-
  • every human life has equal value;
  • a person’s autonomy should be respected;
  • a person has the right to be supported in making informed decisions about the person’s medical treatment, and should be given, in a manner the person understands, information about medical treatment options including comfort and palliative care;
  • every person approaching the end of life should be provided with quality care to minimise the person’s suffering and maximise the person’s quality of life;
  • a therapeutic relationship between a person and the person’s health practitioner should, wherever possible, be supported and maintained;
  • individuals should be encouraged to openly discuss death and dying and an individual’s preferences and values should be encouraged and promoted;
  • individuals should be supported in conversations with the individual’s health practitioners, family and carers and community about treatment and care preferences;
  • individuals are entitled to genuine choices regarding their treatment and care;
  • there is a need to protect individuals who may be subject to abuse;
• all persons, including health practitioners, have the right to be shown respect for their culture, beliefs, values and personal

Membership

The board consists of the Chairperson, Deputy Chairperson (optional) and members appointed by Ministerial order. Members hold office for a period, not exceeding three years, as specified in the instrument of appointment. Members are eligible for reappointment. A member may resign in writing (signed by the member) to the Minister. The Minister may at any time remove a member of the board from office.

Responsibility and behaviours

Members are required to act in accordance with behaviours expected of senior public officials and to acquit their executive, legal and regulatory responsibilities. Members are expected to meet the obligations detailed in the Code of Conduct for Directors of Victorian Public Entities, and Welcome to the Board – Directors’ Guide to Public Entity Governance. Each member is required to complete a Declaration of private interests annually.

Furthermore, members are expected to:

• maintain a thorough understanding of, and comply with, the terms of reference and the expectations of members in
• embrace the solidarity principle that applies once a recommendation has been made and demonstrate collective accountability and responsibility for the direction
• demonstrate active listening and provide each member with the opportunity to speak and ask
• ensure that a diverse range of views and perspectives are considered, and explicitly and respectfully engage with differing
• facilitate an environment for members to behave to the highest standards and provide appropriate ways to report and act on inappropriate

Chairperson

In addition to the expectations for members, the role of the Chairperson is to lead the board in achieving its objectives and executing its responsibilities in line with its terms of reference.

The responsibilities of the Chairperson are to:

• understand the board terms of reference and coordinate efforts to meet and uphold
• ensure the board’s actions are aligned with the
• manage board meetings, including:
  • working with the secretariat to set the meeting schedule;
  • calling special meetings as required;
  • working with the secretariat to ensure appropriate preparation and consultation has been undertaken to inform the agenda and papers;
• facilitate board meetings, including keeping discussion on track; ensuring all members have an opportunity to express their views; seeking consensus/agreement on issues; announcing results, actions, and follow up to be taken by whom and by when, and closing meetings;
• approve draft minutes (prepared by the secretariat) for circulation to
  • be the main liaison for the board in conjunction with the
  • induct new members and make sure they are aware of the terms of reference of the

Secretariat

The Voluntary Assisted Dying team in the Department of Health provides the secretariat function for the board. Where secretariat is referred, its meaning is the secretariat function within the team.

The role of the secretariat is to support the smooth operation of board proceedings, and ensure members are fully informed and prepared. In addition, the secretariat conducts administrative reviews of the Voluntary Assisted Dying assessment forms submitted to the Voluntary Assisted Dying Portal.

The team is responsible for:

• managing the meeting schedule and preparing the agenda, in consultation with the board members, for approval by the Chairperson;
• confirming appropriate consultation has been undertaken with the relevant groups across the department or external agencies prior to circulation of any papers;
• compiling supporting papers, and ensuring their timely distribution;
• arranging for departmental staff and advisers to provide advice, and if required, to attend meetings of the board to present this advice;
• taking minutes of meetings, including preparation of the draft minutes, consultation with the Chairperson on the draft minutes and circulation of the draft minutes for comment;
• with the Chairperson, ensuring board actions, owners and timelines are identified in minutes, and are followed up and communicated appropriately;
• ensuring members complete an annual Declaration of Private

Furthermore, the team works with the board to establish and maintain operational systems to support the functions of the board, including, but not limited to the following:

• Liaise with relevant external agencies. Where this relates to Statewide Services (Pharmacy and Care Navigator Service) in consultation with the Department of Health Policy, Engagements and Projects Team as the commissioner of Statewide
• Establish and maintain board processes for the review of voluntary assisted dying
• Manage the voluntary assisted dying Portal, including quality control processes and online
• Coordinate information sharing between the board and Births, Deaths and
• Undertake contact with medical practitioners and contact persons to promote compliance with the
• Liaise with the department’s Medicines, Poisons and Regulations Branch on the process of assessing applications to prescribe the voluntary assisted dying
• Maintain the register of medical practitioners who have undertaken the voluntary assisted dying training and monitor the adequacy and currency of participating medical practitioners' qualifications and registration
• Coordinate the periodic reporting process, including drafting, providing analysis of voluntary assisted dying data, publication and provision to the Clerk of each House of the Parliament within statutory time limits.
• Support the Department of Health Policy, Engagements and Projects Team with review of clinical guidance, approved assessment training, medication protocols, model of care and consumer
• Coordinate the board’s involvement in collaborative research in partnership with Department of Health

Meeting arrangements

Meetings are held monthly or as otherwise directed by the Chairperson. Special meetings may be convened as required. The Chairperson, or in the absence of the Chairperson, the Deputy Chairperson, must preside over meetings.

A majority of the members of the board currently holding office constitutes a quorum. Members should seek to attend at least 75 per cent of regular meetings.

The Act states the board may regulate its own proceedings.

The secretariat will seek to circulate meeting agendas and papers five working days prior to meetings and circulate draft meeting minutes five working days following meetings. Members will then have five working days to provide comment on the minutes.

Members who are unable to attend a Board meeting should notify the secretariat at least one working day prior to the meeting.

Reporting

The board’s reporting requirements are mandated in the Act:

An annual report is required to be provided no more than three months after the end of the financial year.

The report may include any de-identified information of a person, who during the reporting period accessed or requested access to voluntary assisted dying under the Act. The report may also include any recommendations on any systemic voluntary assisted dying matter identified by the board during the reporting period.

The report must not include any information (including de-identified information) that the board considers would prejudice any criminal proceeding or investigation, civil proceeding, or any proceeding in the Coroners Court of Victoria.

The board is also required to respond to reporting requests from the Secretary or Minister as required.