VAD in the ACT

VAD in the ACT

Voluntary assisted dying will become a legal end of life choice for Canberrans on November 3, 2025.

The ACT VAD Act was passed by the ACT Parliament on June 5, 2024.

In tabling the VAD Bill on October 31, 2023, Minister for Human Rights Hon Tara Cheyne. MLA, (pictured) said

This is a historic day for me, for this government, for this parliament and for all Canberrans. This bill is what we spent 25 years fighting for our territory rights for—a right that was restored just shy of 11 months ago.

This is a bill about people: their empowerment, autonomy, compassion and dignity. This is a bill about choice: an additional choice that an eligible person can make about the circumstances of their death. This is a bill that creates a workable and person-centred voluntary assisted dying framework: a bill that reflects evidence, experience and expertise. This is a bill that is the culmination of extraordinary collaboration and work across government: it delivers our commitment to Canberrans.

This is a bill that honours the advocates—those who have spent their life campaigning for and championing this cause; those who are suffering and dying; those who care and have cared for people dying, personally and professionally; and those who believe in choice. I pay tribute and dedicate this bill to those who long wished to see territory rights restored, and voluntary assisted dying debated, but died before witnessing this bill being introduced. You have never been far from my mind.

Voluntary assisted dying is a safe and effective medical process that promotes the autonomy and dignity of eligible individuals by giving them the option to end their suffering by choosing to die through the administration of an approved substance.

People in the ACT who request VAD will benefit from a more evidence based VAD framework. In contrast with all state legislation, the ACT VAD Act does not require a prognosis. A person who is suffering from a disease, illness or medical condition which will cause their death will not be required to find two doctors to certify that their death is expected within six months, or 12 months for a neurodegenerative disease.

In her explanatory memorandum, Minister Cheyne explained that, providing the disease, illness or medical condition is advanced and progressive, the person will satisfy the criteria for VAD. Advanced is described as

an ‘advanced’ condition refers to a period of serious illness when functioning and quality of life decline, and treatments (other than for the primary purpose of pain relief) have lost any beneficial impact. It is not the intent that the definition of ‘advanced’ be limited to the final days, weeks or months of life. A person may be considered to be eligible for VAD, even if it is uncertain whether their relevant conditions will cause death within the next 12 months.

Minister Cheyne further explained the criteria in the following terms:

Clinical trajectories of advanced life limiting illnesses, such as cancer and neurodegenerative diseases, can be unpredictable.

The intent of the Government’s approach is to avoid the many challenges for practitioners, individuals and their families, friends and carers that arise from the strict 6 to 12-month timeframe to death requirement imposed in other Australian jurisdictions. At the same time, the proposed framework seeks to ensure that VAD remains an end-of-life choice to end intolerable suffering for an individual whose terminal, progressive condition is advanced and is expected to cause their death.

Given the difficulty many people have in every state in obtaining a prognosis, and therefore believe they are not eligible for assisted dying, VADSA welcomes the removal of the six or 12 month prognosis as an evidence based and informed development in VAD legislation in Australia.