Lexi Webster
Euthanasia, or Voluntary Assisted Dying (VAD), is currently legal in several Australian states and territories, including Queensland, New South Wales, South Australia, Victoria, Western Australia, and Tasmania. However, it is illegal in the Northern Territory, where a previous law permitting VAD was nullified by the federal government. In states where VAD is permitted, individuals must be Australian citizens or permanent residents, be over the age of 18, and have decision-making capacity and a terminal medical illness likely to cause death within a certain timeframe. The process is overseen by the Voluntary Assisted Dying Review Board (VAD Board) to ensure compliance with the law and protect the rights of individuals.
| Characteristics | Values |
|---|---|
| Legal Status | Voluntary Assisted Dying (VAD) is legal in Queensland, New South Wales, South Australia, Victoria, Western Australia, Tasmania, and will soon be available in the Australian Capital Territory. VAD is illegal in the Northern Territory. |
| Requirements | Individuals must be Australian citizens or permanent residents, aged 18 or older, with decision-making capacity and a terminal medical illness likely to cause death within a certain timeframe. They must also undergo assessments by medical professionals. |
| Process | There are two methods: self-administration and practitioner administration. Strict rules and oversight mechanisms are in place to ensure voluntariness and compliance with the law. |
| Medical Practitioner's Role | Medical practitioners must initiate discussions about VAD, treatment, and palliative care options. They can object to providing VAD, but referral or provision of information is required in some states. |
| Advance Care Directives | VAD cannot be specified in advance care directives, but creating one is still recommended. |
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What You'll Learn
- Voluntary assisted dying (VAD) is legal in some Australian states
- VAD criteria: adults with decision-making capacity and terminal illness
- VAD methods: self-administration or practitioner administration
- VAD requests: patients must make at least three requests
- VAD practitioners: some doctors cannot legally discuss VAD
Voluntary assisted dying (VAD) is legal in some Australian states
In Australia, voluntary assisted dying (VAD) is legal in some states, including Queensland, New South Wales, South Australia, Victoria, Western Australia, and Tasmania. VAD will soon be available in the Australian Capital Territory, but it is currently illegal in the Northern Territory. Each state has its own set of strict rules and regulations regarding VAD, with some differences between them.
To be eligible for VAD, individuals must be Australian citizens or permanent residents, be at least 18 years old, and have decision-making capacity. They must also have a terminal medical illness that is likely to cause death within a certain timeframe, typically six months, or twelve months for neurodegenerative conditions. Additionally, the suffering caused by the medical condition must be unacceptable or intolerable and cannot be relieved.
The process of accessing VAD typically involves making at least three requests and being assessed by medical professionals at least twice. It is important to note that medical practitioners are required to discuss treatment and palliative care options alongside VAD. Some medical professionals may choose not to participate in VAD requests due to conscientious objections, but they are generally required to provide information or refer the patient to another doctor.
The Voluntary Assisted Dying Review Board (VAD Board) oversees voluntary assisted dying activity in Victoria, reviewing every case to ensure compliance with the law and making suggestions for improvements. Similar review processes may exist in other states with legalized VAD. Individuals considering VAD can seek information and support from their doctor, as well as from various support services available in Australia.
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VAD criteria: adults with decision-making capacity and terminal illness
Voluntary assisted dying (VAD) is legal in Queensland, New South Wales, South Australia, Victoria, Western Australia, and Tasmania. It will soon be available in the Australian Capital Territory, but it is illegal in the Northern Territory.
VAD criteria for adults with decision-making capacity and terminal illness vary slightly between states. In Victoria, VAD is available to adults with decision-making capacity, in the final weeks or months of their lives. They must have a serious and incurable condition causing enduring and unbearable suffering that cannot be relieved. In limited circumstances, a medical practitioner may administer the substance, but usually, the patient will self-administer.
In other states, the criteria are similar, but there are some differences. For example, in Queensland, a person must have a disease, illness, or medical condition likely to cause death within a certain amount of time.
It is important to note that mental illness alone is not an eligible condition for VAD. If a person with depression requests VAD, the healthcare provider's task is to treat the mental illness rather than accede to the request. The World Psychiatric Association argues that "the views of a patient may be distorted by mental illness such as depression," and that the psychiatrist's duty is "first and foremost, the promotion of health, the reduction of suffering, and the protection of life."
To determine decision-making capacity, healthcare providers must assess whether the person is able to make an informed decision, particularly in the presence of unbearable suffering. This can be challenging, as extreme pain or other difficult symptoms can influence a person's desire to die. Tests designed to assess cognitive capacity are not always definitive, and there is a risk of litigation from family or others if the decision-making capacity is called into question.
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VAD methods: self-administration or practitioner administration
Voluntary assisted dying (VAD) is legal in Australia under specific conditions. It is defined as the "administration to a person, or the self-administration by a person, of a VAD substance".
VAD methods include self-administration or practitioner administration. In self-administration, the person takes the VAD medication themselves. There is no requirement for a witness or healthcare worker to be present, but the person should be encouraged not to self-administer alone. If they choose to be alone, an appropriate plan should be made to ensure the contact person can complete their role. The contact person is responsible for returning any unused or remaining substance to an authorised disposer and disposing of it in line with the disposal requirements.
In practitioner administration, the medication is given to the person by a doctor, nurse practitioner, or registered nurse. A practitioner administration decision can only be made if the coordinating practitioner advises that self-administration is not suitable, considering the person's ability to self-administer, their concerns about self-administration, and the most suitable method of administration. The coordinating practitioner can transfer the role of administering the substance to another eligible medical practitioner, nurse practitioner, or registered nurse. The administering practitioner must administer the substance in front of a witness, who must be at least 18 years old. For practitioner administration, the administering practitioner is responsible for disposing of any unused or remaining substances.
It is important to note that VAD is subject to strict rules and eligibility criteria, and it is not available in all states and territories of Australia. As of March 2025, VAD is legal in Queensland, New South Wales, South Australia, Victoria, Western Australia, and Tasmania, and will soon be available in the Australian Capital Territory. However, it is illegal in the Northern Territory.
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VAD requests: patients must make at least three requests
Voluntary Assisted Dying (VAD) is legal in Queensland, New South Wales, South Australia, Victoria, Western Australia, and Tasmania. However, VAD is illegal in the Northern Territory. In Australia, patients must make at least three separate requests for VAD. These include a first request, a second request, and a final request. The patient must be provided with information about their diagnosis, prognosis, available treatment options, palliative care options, and the risks associated with taking the lethal medication. The patient must also be informed that they can decide at any time not to continue with the VAD process.
The time from the start to the end of the VAD process can vary between states. After the initial consultation with their doctor, the patient is referred to a second assessment to ensure the initial decision is sound. There is a waiting period of 9 days from the first request before a person can make a final request. This ensures that the patient's request is enduring and made without coercion. The patient's capacity and intention to continue are assessed again before the final request.
The medication is dispensed by a specialist pharmacy after the final request is made. The patient may opt to administer the medication themselves, usually via oral administration, or they may request assistance from a practitioner, such as via IV. A witness must be present for practitioner administration in all states except Tasmania. Any unused or remaining VAD medication must be returned to the dispensing pharmacist in all states.
It is important to note that a family member or carer cannot request VAD on someone's behalf. The person's decision to access VAD must be voluntary and made without coercion. This requirement is confirmed at each stage of the request process and before practitioner administration of VAD medication. If there are concerns about coercion or abuse, the patient must be referred to someone with the appropriate skills and training to decide.
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VAD practitioners: some doctors cannot legally discuss VAD
In Australia, Voluntary Assisted Dying (VAD) is when an adult with a terminal illness requests and receives medication from a health practitioner to end their life. VAD is legal in Queensland, New South Wales, South Australia, Victoria, Western Australia, and Tasmania. It will soon be available in the Australian Capital Territory, but it is illegal in the Northern Territory.
In some states, certain medical professionals are not legally allowed to initiate a conversation about VAD. If a patient is considering VAD, they must bring it up with their doctor. Some medical practitioners choose not to help with VAD requests, and in such cases, they may refer the patient to another doctor.
Other health professionals, such as counsellors, health practitioners other than doctors or nurse practitioners, or social workers, can initiate a conversation about VAD only if they believe the person has one or more advanced, progressive, or fatal conditions, and the health professional must inform the person that treatment and palliative care options are available and should be discussed with their treating doctor.
If someone close to you is considering VAD, you can get information and support from your loved one's doctor, if your loved one consents to their doctor discussing their medical situation with you. Many states have VAD Care Navigator services to help you find out about VAD in your state.
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Frequently asked questions
Voluntary Assisted Dying (VAD), or euthanasia, is legal in Queensland, New South Wales, South Australia, Victoria, Western Australia, and Tasmania. However, it is illegal in the Northern Territory.
Individuals must be Australian citizens or permanent residents aged 18 or older. They must be acting voluntarily, have decision-making capacity, and have a terminal medical illness likely to cause death within six months, or 12 months in the case of neurodegenerative conditions.
No, you cannot include VAD in your advance care directive as it only comes into effect once you can no longer make decisions. However, it is still recommended to create an advance care directive and discuss your wishes with your doctor.
Yes, in some states, medical professionals are not legally allowed to initiate a conversation about VAD, and some practitioners may choose not to help with VAD requests due to conscientious objections. However, they may refer you to another doctor or provide contact details for VAD services.
There are two methods: self-administration, where the individual takes the medication themselves, and practitioner administration.
