Lexi Webster
Assisted dying, also known as voluntary assisted dying (VAD), is legal in all Australian states, except for the Northern Territory. In 2024, a bill to legalise VAD in the Australian Capital Territory (ACT) was passed, and it will come into effect in November 2025. The process of assisted dying involves individuals with terminal illnesses making a voluntary request to end their lives with medical assistance. While the specific criteria vary across states, the legislation generally requires individuals to be Australian citizens or permanent residents, be at least 18 years old, and have decision-making capacity. The legalisation of assisted dying in Australia has sparked debates and inquiries, with proponents citing compassion and individual choice as central arguments.
| Characteristics | Values |
|---|---|
| Number of States with Assisted Dying Laws | All 6 states |
| States with Assisted Dying Laws | Victoria, Western Australia, Tasmania, Queensland, South Australia, New South Wales |
| States with Upcoming Assisted Dying Laws | Australian Capital Territory (ACT), Northern Territory |
| Date of First Assisted Dying Law | Victoria, 19 June 2019 |
| Date of Most Recent Assisted Dying Law | New South Wales, 28 November 2023 |
| Next Date for Assisted Dying Law | ACT, 3 November 2025 |
| Assisted Dying Laws in Institutions | Queensland, South Australia, New South Wales |
| Requirements for Eligibility | Australian citizen/permanent resident, 18+, decision-making capacity, terminal illness likely to cause death within 6-12 months, intolerable suffering |
| Number of Requests Needed | 3 |
| Number of Assessments Needed | 2 |
| Methods of Accessing Euthanasia | Self-administration, practitioner administration |
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What You'll Learn
- Voluntary assisted dying (VAD) is legal in Victoria, Western Australia, Tasmania, Queensland, South Australia and New South Wales
- VAD will be available in the Australian Capital Territory (ACT) from 3 November 2025
- VAD is illegal in the Northern Territory
- In Queensland, the person applying must have a condition likely to cause death within a year
- In Victoria and South Australia, practitioner administration is only available if the patient cannot physically self-administer
Voluntary assisted dying (VAD) is legal in Victoria, Western Australia, Tasmania, Queensland, South Australia and New South Wales
Voluntary assisted dying (VAD) is currently legal in six Australian states: Victoria, Western Australia, Tasmania, Queensland, South Australia, and New South Wales. However, the laws and eligibility criteria vary slightly between states.
In Victoria, VAD was legalised in June 2019, following a detailed inquiry process that set a precedent for other states to follow. The first person to have an assisted death in Victoria was Kerry Robertson, who had metastatic breast cancer.
In Western Australia, the VAD Statewide Care Navigator Service (SWCNS) provides support to anyone involved with voluntary assisted dying. Tasmania, Queensland, and Western Australia require health practitioners to provide information or contact details about VAD, or to refer patients to other sources.
Queensland's rules differ in that applicants must have a condition likely to cause death within a year and must make at least three requests for access to VAD. Queensland, South Australia, and New South Wales include institutional objection provisions in their legislation, allowing residents of aged care or palliative care facilities to access VAD even if the facility objects.
While VAD is now legal in all Australian states, it remains illegal in the Northern Territory and the Australian Capital Territory (ACT), although the latter will introduce VAD in November 2025.
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VAD will be available in the Australian Capital Territory (ACT) from 3 November 2025
Voluntary assisted dying (VAD) will be available in the Australian Capital Territory (ACT) from 3 November 2025. This follows the passing of a Bill by the ACT Parliament on 5 June 2024, which will come into operation after an 18-month implementation period.
VAD is currently available in six Australian states: Victoria, Western Australia, Tasmania, South Australia, Queensland, and New South Wales. Each state has its own eligibility criteria, but generally, individuals must be Australian citizens or permanent residents, be at least 18 years old, have decision-making capacity, and have a terminal medical illness likely to cause death within a certain timeframe.
In Queensland, for example, the person applying needs to have a condition expected to cause death within a year and must make at least three requests for access to VAD, with assessments by medical professionals. In Victoria and South Australia, practitioner administration is allowed only if the patient cannot physically self-administer or digest the medication.
The availability of VAD in the ACT will provide residents with end-of-life choices and control over their deaths, similar to the laws already in place in the aforementioned states. The scheme in the ACT differs in certain aspects from other state-based schemes, such as not requiring patients to have a specific timeframe until their expected death and allowing for greater patient autonomy even if the treating institution objects to VAD.
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VAD is illegal in the Northern Territory
Voluntary assisted dying (VAD) is currently illegal in the Northern Territory, and a person assisting another person to die may be charged with murder, manslaughter, or assisting suicide. However, the Northern Territory was the first jurisdiction in the world to legalise assisted dying in 1995 under the Rights of the Terminally Ill Act. The law was overturned by the federal parliament two years later.
In December 2022, the Australian Parliament passed the Restoring Territory Rights Bill 2022, restoring the Northern Territory's right to make its own laws regarding assisted dying. The NT Government assembled an Expert Advisory Panel in 2023 to consider the legalisation of VAD in the Territory. The panel, made up of members representing the diversity of the NT community, will provide a written report to the NT Government by July 2024.
While VAD is not legal in the Northern Territory, palliative care is available, and community members are entitled to make decisions around managing their end-of-life care. It is important to note that while VAD is illegal in the Northern Territory, it is legal in all six Australian states, with legislation varying across states. These laws protect authorised health practitioners who provide VAD and others who assist or facilitate a request for VAD.
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In Queensland, the person applying must have a condition likely to cause death within a year
Voluntary assisted dying (VAD) has been legalised in all states across Australia, except for the Northern Territory and the Australian Capital Territory (ACT). However, the ACT will introduce VAD in November 2025, following an 18-month implementation period.
In Queensland, the person applying for VAD must have a condition likely to cause death within a year. This is unlike other states, which require a medical condition likely to cause death within six months. The condition must also cause suffering that cannot be relieved tolerably.
To be eligible for VAD in Queensland, applicants must meet the following criteria:
- Be an Australian citizen or permanent resident aged 18 or over.
- Have decision-making capacity, including the ability to understand the nature and effect of decisions about VAD.
- Have an eligible condition, such as an incurable and irreversible illness.
- Be acting voluntarily and without coercion.
- Fulfil residency requirements, including being ordinarily resident in Queensland for at least 12 months before making the first request.
It is important to note that having a disability or a mental health condition alone does not meet the criteria for VAD in Queensland. A person with a mental illness may be eligible if they also have a life-limiting condition that meets the other eligibility criteria.
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In Victoria and South Australia, practitioner administration is only available if the patient cannot physically self-administer
Voluntary assisted dying (VAD) is legal in all six Australian states, including Victoria and South Australia. However, each state has its own specific requirements and eligibility criteria for accessing VAD. In Victoria and South Australia, one notable distinction is that practitioner administration of VAD medication is restricted to patients who cannot physically self-administer or digest the medication.
This means that if an individual in Victoria or South Australia wishes to access VAD but is unable to self-administer the medication due to physical limitations, they can request assistance from a medical practitioner. The patient must first make an administration request, and then the coordinating doctor will administer the medication in a way that the patient can best digest it. This may involve, for instance, altering the medication's form or method of administration to suit the patient's needs.
The process of practitioner administration in these two states underscores the importance of planning and ensuring the patient's comfort during the end-of-life process. Patients are advised to have discussions with their coordinating doctor or other healthcare professionals about their preferences and wishes. This includes considerations such as the timing and location of the administration, as well as any religious or cultural rituals that may be important to the patient.
While VAD laws in Victoria and South Australia allow for practitioner administration in cases where patients cannot physically self-administer, it is worth noting that self-administration is generally the primary method of accessing VAD across Australia. Patients who choose self-administration have the autonomy to decide when and where they take the medication. However, they also have the option to have a doctor or other healthcare practitioner present during the process to ensure their comfort and provide support.
In conclusion, while VAD is legal in Victoria and South Australia, the availability of practitioner administration in these states is specifically designed to accommodate individuals who face physical challenges in self-administering the medication. This provision ensures that all eligible individuals, regardless of their physical abilities, can access VAD in a manner that respects their wishes and provides comfort during the end-of-life process.
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Frequently asked questions
Assisted dying, also known as voluntary assisted dying (VAD), is when someone has medical assistance to end their life because they have an advanced medical condition that causes intolerable suffering.
Assisted dying has been legalised in all states across Australia except for the Northern Territory. The Australian Capital Territory (ACT) will also legalise assisted dying on 3 November 2025.
The requirements for assisted dying vary slightly from state to state. Generally, individuals must be Australian citizens or permanent residents aged 18 or over, with decision-making capacity and a terminal medical illness likely to cause death within a certain timeframe.
The process for accessing assisted dying in Australia involves making multiple requests and undergoing assessments by qualified health professionals. In some states, medical practitioners can initiate discussions about VAD, while in other states, patients must initiate the conversation.
