What is VAD?
Voluntary assisted dying (VAD) is an additional end-of-life choice that provides eligible people who are suffering and dying with the option of asking for medical assistance to end their lives.
The people who seek assisted dying are from all backgrounds and walks of life. What they have in common is a terminal illness that is causing them intolerable suffering. Australians endorse assisted dying laws, with support running at between 70 and 90% in most recent polls.
Evidence from jurisdictions where assisted dying has been available for many years shows the laws are operating safely, compassionately and as intended.
VAD will be available to eligible persons in the Australian Capital Territory from 3rd November 2025.
Is the ACT legislation different to that of the states?
The drafters of the ACT legislation drew on the experience of VAD professionals elsewhere, with the result that VAD provisions in the ACT are a little more flexible than in the states. The major difference is that there is no “expected time to live” requirement. In the Australian states, for a person to be approved for VAD a doctor has to estimate that the person only has six months to live.
Estimates of time left to live have been shown to be wildly inaccurate, and thankfully the ACT legislation does not require such an estimate. Despite the improved arrangements in our legislation, VAD eligibility is still very restricted and completely reliant on medical assessments of a person’s degree of suffering.
Who will be eligible for VAD in the ACT?
To access voluntary assisted dying in the ACT you must:
- be 18 years or older
- have an advanced and progressive medical condition that will cause death and is causing you intolerable suffering
- be able to make and communicate decisions throughout the entire process
- have lived in the ACT for the last 12 months
Is there any flexibility about the 12 month residency rule?
If you have not lived in the ACT for the past 12 months but you have a “substantial connection to the ACT” you will be able to apply for an exemption from that residency requirement. The Explanatory Statement to the Bill as presented in Parliament includes the following examples of a “substantial connection to the ACT”:
- an individual who has lived in a place close to the ACT border for at least the previous 12 months and who works in the ACT or receives medical treatment here;
- an individual who has moved to the ACT so that family, friends or carers who live here can provide care and support to them;
- an individual who previously lived in the ACT and whose family, friends or carers live here;
- an Aboriginal or Torres Strait Islander individual who has substantial connections with the ACT community and wishes to die on Country;
- an individual who has lived in the ACT for less than 12 months but who was diagnosed after moving here with a condition that is advanced, progressive and expected to cause death.
How does someone request VAD?
- After the scheme comes into effect in November 2025, the first step will be to speak to your doctor or nurse practitioner to request access. If your doctor is not authorised or willing to help you, they must give you the details of a doctor who can.
- After requesting access, you will need to be assessed by two independent authorised practitioners to check you meet all the requirements.
- Your practitioners can refer you to a third practitioner if they are unable to assess whether you meet all the requirements.
- If your practitioners think you are eligible, you will need to make a final request to confirm you have decision-making capacity.
- You will be able to choose to take the voluntary assisted dying drug yourself or have it given to you by an administering practitioner. You will be able to choose when and where you wish to take it.
Can someone with dementia receive VAD?
No. Under the ACT legislation, and that in the six states, VAD is not an option if the person no longer has decision-making capacity. This means someone who develops dementia and is assessed as not having decision-making capacity will be ineligible.
The ACT Parliament recently agreed to a motion from Dr Marisa Paterson to explore models to address the situation where an individual has lost decision-making capacity following their final assessment report. Such a model might include Enduring Power of Attorney or Advance Care Directives. The motion calls for a report back to the Assembly by the end of May 2025.
While Dr Paterson’s motion is a step in the right direction, we would like to see a model developed that allows a person to make a legal declaration that they wish to have access to VAD if they lose decision-making capacity.
In submissions to the ACT Government, the ACT Human Rights Commission has specifically highlighted the need for such a model.