Ruqayyah Snyder
As of June 2024, euthanasia or assisted suicide, typically referred to as voluntary assisted dying (VAD), is legal in all Australian states and the Australian Capital Territory (ACT) for eligible individuals. However, it remains unlawful in the Northern Territory. The laws regarding VAD differ across states, with some variations in eligibility criteria, the role of medical practitioners, and the process for accessing VAD. In states where VAD is legal, individuals must generally be Australian citizens or permanent residents aged 18 or older, have decision-making capacity, and have a terminal medical illness likely to cause death within a specified timeframe. While VAD is now available across Australia, the lack of a national approach has led to some inconsistencies in how the laws are implemented and accessed by residents.
| Characteristics | Values |
|---|---|
| States where euthanasia is allowed | Queensland, New South Wales, South Australia, Victoria, Western Australia, Tasmania |
| States where euthanasia is not allowed | Northern Territory |
| States where euthanasia will be allowed in the future | Australian Capital Territory |
| Requirements | Australian citizen or permanent resident, 18 or older, terminal medical illness likely to cause death within 6 months (12 months for neurodegenerative conditions), must be acting voluntarily, must have decision-making capacity |
| Number of requests needed | At least three |
| Number of assessments needed | At least two |
| Methods of accessing euthanasia | Self-administration, practitioner administration |
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What You'll Learn
- Voluntary Assisted Dying (VAD) is legal in Queensland, NSW, South Australia, Victoria, Western Australia, and Tasmania
- VAD will be legal in the Australian Capital Territory (ACT) from 3 November 2025
- VAD is currently unlawful in the Northern Territory
- In Queensland, the person applying needs to have a condition likely to cause death within a year
- In Victoria, a person with a conscientious objection to euthanasia can refuse to provide patients with any information about it
Voluntary Assisted Dying (VAD) is legal in Queensland, NSW, South Australia, Victoria, Western Australia, and Tasmania
Voluntary Assisted Dying (VAD) is legal in several Australian states, including Queensland, NSW, South Australia, Victoria, Western Australia, and Tasmania. Each state has its own eligibility criteria and processes for VAD, which generally involve being an Australian citizen or permanent resident over the age of 18, having decision-making capacity, and suffering from a terminal illness likely to cause death within a specified timeframe.
In Queensland, the Voluntary Assisted Dying Act 2021 outlines the legal framework for VAD, which includes eligibility criteria such as having an eligible condition with the potential for death within 12 months and being a resident of the state for at least a year. The legislation also allows for conscientious objection by medical practitioners, who must still provide information or referrals to patients.
NSW's VAD scheme includes institutional objection provisions, allowing residents of aged care or palliative care facilities to access VAD even if the facility objects. Medical practitioners are required to discuss treatment and palliative care options alongside VAD.
South Australia's VAD legislation mirrors Victoria's provisions, with the addition of allowing private hospitals and individual practitioners to object and refer patients to other providers. The state's Voluntary Assisted Dying Act 2021 came into effect on January 31, 2023.
Victoria's VAD laws have been in effect since June 19, 2019, and allow individuals with conscientious objections to refuse to provide information about VAD. Health practitioners are not allowed to initiate conversations about VAD with patients, who must bring it up themselves.
Western Australia's VAD scheme includes the SWCNS service, providing support to anyone involved with VAD in the state. Like other states, medical practitioners must discuss treatment and palliative care options alongside VAD.
Tasmania's VAD laws came into effect on October 23, 2022, and the state came close to legalising VAD earlier in 2013. While the exact processes may differ, the basic process for accessing VAD involves individuals requesting it from an eligible medical practitioner and being assessed multiple times by medical professionals.
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VAD will be legal in the Australian Capital Territory (ACT) from 3 November 2025
Euthanasia, or voluntary assisted dying (VAD), has been a contentious issue in Australia for decades. The Federal Parliament passed the Euthanasia Laws Act 1997, which prevented the Northern Territory (NT) and Australian Capital Territory (ACT) from legislating to allow euthanasia or assisted suicide. This was in response to the NT's legalisation of euthanasia between 1996 and 1997.
In 2017, Victoria became the first Australian state to introduce the Voluntary Assisted Dying Act, which came into effect in 2019. Since then, five other states have passed similar legislation: Western Australia, Tasmania, Queensland, South Australia, and New South Wales.
The Australian Capital Territory will join these states in legalising VAD from 3 November 2025, after an 18-month implementation period following the passing of the legislation. The ACT law generally reflects the "Australian model" of VAD, permitting access only for people who are terminally ill and meet strict eligibility criteria. Eligibility is assessed by two independent, trained health practitioners, and the person seeking VAD must make repeated requests.
The legalisation of VAD in the ACT leaves the Northern Territory as the only Australian jurisdiction without such a law. The NT government has appointed a panel to investigate the issue, and it is expected to report its findings soon.
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VAD is currently unlawful in the Northern Territory
Euthanasia, or voluntary assisted dying (VAD), is currently unlawful in the Northern Territory. In 1995, the Northern Territory was the first jurisdiction in the world to legalise assisted dying via a private member's bill. However, this law was overturned by the federal parliament in 1997, when the Euthanasia Laws Act was passed, barring the Northern Territory and the Australian Capital Territory (ACT) from legislating for euthanasia.
In December 2022, the Australian Parliament passed the Restoring Territory Rights Act, which restored the right of the Northern Territory to make laws about assisted dying. Following this, the Northern Territory Government began a community consultation process to develop a framework for VAD, with community consultation meetings scheduled to begin in October 2023. An expert advisory panel has been set up to guide this process, and it will report to the Chief Minister, ensuring that the framework meets the needs of community members and that this care is accessible, appropriate, and safe.
Despite the restored legislative power, the Northern Territory Government has indicated that the legalisation of VAD is not a priority. The territory's chief minister has stated that her government will not prepare euthanasia legislation during the current parliamentary term. This is in contrast to the ACT, which is working towards drafting euthanasia laws following the restoration of its legislative power.
The Northern Territory is now the only jurisdiction in Australia without a VAD law, as all six state parliaments have passed their own versions of assisted dying legislation between 2017 and 2022. As of June 2024, VAD schemes have been in effect in Victoria, Western Australia, Tasmania, Queensland, South Australia, and New South Wales.
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In Queensland, the person applying needs to have a condition likely to cause death within a year
In Queensland, a person applying for voluntary assisted dying (VAD) must have a condition likely to cause death within a year. This differs from other states, where the expected timeframe is six months.
Queensland's legislation, the Voluntary Assisted Dying Act 2021, passed with 61 votes in favour and 31 opposed. The Act sets out eligibility criteria for VAD, including the requirement that the applicant has decision-making capacity and is acting voluntarily and without coercion. The applicant must also meet residency requirements, including being a permanent resident of Australia or having lived in Queensland for at least 12 months.
Queensland's VAD laws also include institutional objection provisions, meaning that individuals living permanently in aged care, palliative care, or other facilities can access VAD services even if the facility objects. Additionally, medical practitioners can conscientiously object to providing VAD, but they must provide information or contact details for a referral.
It is important to note that VAD is a complex and evolving area of law in Australia, and each state has slightly different criteria for eligibility. As of June 2024, all states and the Australian Capital Territory have passed legislation creating an assisted suicide and euthanasia scheme for eligible individuals. However, VAD remains illegal in the Northern Territory.
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In Victoria, a person with a conscientious objection to euthanasia can refuse to provide patients with any information about it
In Australia, euthanasia is known as voluntary assisted dying (VAD). As of June 2024, all states and the Australian Capital Territory have passed legislation creating a VAD scheme for eligible individuals. However, VAD remains illegal in the Northern Territory.
In Victoria, Australia's first state to legalize VAD, a person with a conscientious objection to euthanasia can refuse to provide patients with any information about it. This means that healthcare professionals in Victoria who morally oppose euthanasia are not obliged to provide patients with information about the procedure. This is in contrast to three other Australian states—Queensland, South Australia, and New South Wales—which include institutional objection provisions in their legislation. In these states, healthcare providers must provide either information or contact details, or a referral to another provider.
The issue of conscientious objection in euthanasia is a complex and increasingly significant ethical issue. Some argue that conscientious objection safeguards professionals' moral integrity, while others view it as a barrier to patients' access to desired healthcare. In Victoria, a significant amount of healthcare is provided in public and private religious institutions, and there is no specific legal restraint on institutional conscientious objection. This has led to a lack of clarity and regulatory force in balancing the interests of patients and non-participating institutions.
While Victoria does not legally require healthcare professionals to provide information about VAD, it is important to note that patients must initiate a VAD conversation and meet certain eligibility criteria to access VAD. These criteria include being an Australian citizen or permanent resident aged 18 or over, having decision-making capacity, and having a terminal medical illness likely to cause death within a specified timeframe.
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Frequently asked questions
As of June 2024, all states and the Australian Capital Territory have passed legislation creating an assisted suicide and euthanasia scheme for eligible individuals. These laws refer to the practice as "voluntary assisted dying" (VAD). Voluntary assisted dying schemes have been in effect in Victoria, Western Australia, Tasmania, Queensland, South Australia, and New South Wales.
A voluntary assisted dying scheme will go into effect in the Australian Capital Territory (ACT) on 3 November 2025.
No, voluntary euthanasia and assisted dying are currently unlawful in the Northern Territory. Federal law prohibited the Northern Territory from legislating for the practice between 1997 and 2022.
