End of Life

Voluntary Assisted Dying in Australia — How to Access It

2025-09-17

Voluntary Assisted Dying in Australia — How to Access It

Intro

Voluntary Assisted Dying (VAD) is now legal in every Australian state, but the exact rules and process vary. This guide explains who qualifies, how to apply, and what differs between states and territories.

Key Points

• All six states (VIC, WA, TAS, SA, QLD, NSW) now allow VAD.
• Territories (ACT and NT) do not yet have laws in force, though bills are advancing.
• Eligibility generally requires:
  • Incurable, advanced disease or illness, expected to cause death within 6–12 months.
  • Ongoing, intolerable suffering.
  • Decision-making capacity and voluntary consent.
• The process involves two medical assessments, a written request, and usually a cooling-off period.

State-by-State Access

Victoria (first state, since 2019)

• Eligibility: terminal illness, death expected within 6 months (12 for neurodegenerative).
• Must be an adult Australian citizen or permanent resident, living in VIC for ≥12 months.
• Process: request → two assessments → written declaration → waiting period (9 days unless exemption).

Western Australia (since 2021)

• Similar to VIC, but doctors may raise VAD with patients.
• Death expected within 6 months (12 for neurodegenerative).

Tasmania (since 2022)

• Longer application timeline: mandatory four requests (two verbal, one written, final confirmation).
• Access overseen by the Commission of Voluntary Assisted Dying.

South Australia (since 2023)

• Modeled closely on VIC law.
• Independent SA VAD Review Board oversees all cases.

Queensland (since 2023)

• Slightly broader access:
  • 12-month life expectancy applies to all illnesses, not just neurodegenerative.
  • More flexible residency requirements.

New South Wales (since 2023–24)

• Most recent state.
• Life expectancy: 6 months (12 for neurodegenerative).
• Process overseen by NSW Voluntary Assisted Dying Board.

Territories (not yet)

• ACT: Passed VAD legislation in 2024, expected to commence around 2026.
• Northern Territory: Working on draft law; no access currently.

How the Process Works

1. First request: Patient raises VAD with their doctor.
2. Eligibility assessment: Two independent doctors confirm criteria.
3. Written declaration: Signed in front of witnesses.
4. Final request: After waiting period, patient reconfirms decision.
5. Administration: Patient usually self-administers medication; doctor may assist if unable.

Patient Considerations

• Residency requirement: Must live in the state for ≥12 months.
• Mental health checks: If doubt exists, referral to psychiatrist or psychologist.
• Palliative care: Patients are informed about alternatives and can withdraw anytime.
• Cost: Generally no fee; medications provided through health system.

FAQ

Q: Can interstate patients travel to access VAD?
A: No. You must meet the 12-month residency requirement in the state where you apply.

Q: Can doctors refuse?
A: Yes. Conscientious objection is protected, but doctors must provide referral pathways.

Q: What if someone loses capacity?
A: VAD requires decision-making capacity at all stages. Advance directives cannot be used to request VAD.

Q: Are there appeals if rejected?
A: Limited. Patients may seek second opinions, but boards oversee compliance strictly.

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