In Australia, voluntary assisted dying (VAD) laws have been passed in all States (not territories).
Is voluntary assisted dying legal in Australia?
Voluntary assisted dying (VAD) laws have been passed in each of Australia’s six States – Victoria, Western Australia, Tasmania, South Australia, Queensland, and New South Wales*.
VAD remains illegal in the Northern Territory** and the Australian Capital Territory. A person (e.g. a doctor or family member) who assists another person to die may be charged with murder, manslaughter or assisting suicide.
*New South Wales
On 19 May 2022 the Voluntary Assisted Dying Act 2022 (NSW) (the Act) was passed by the New South Wales Parliament. Voluntary assisted dying (VAD) will commence in New South Wales on 28 November 2023 after an 18 month implementation period.
**Northern Territory
Between March 1996 and March 1997, voluntary euthanasia and physician-assisted suicide were legal in the Northern Territory under the Rights of the Terminally Ill Act (NT) (“the NT Act”). In 1997 the Australian Government intervened, using the Territories power in the Australian Constitution to pass legislation overturning the NT Act.
However, in December 2022 the Australian Parliament passed laws which allow the Northern Territory and the Australian Capital Territory to legislate on VAD.
Questions & Answers
For answers go here: end-of-life.qut.edu.au/assisteddying
- What is voluntary assisted dying?
- Is voluntary assisted dying legal in Australia?
- What are the eligibility criteria?
- How will a person’s eligibility for VAD be assessed?
- How and when will VAD be administered?
- Will health practitioners have to participate in VAD?
- Do health services and residential facilities have to provide VAD, or help a person access it?
- Will it be lawful for a health practitioner to discuss VAD with a person?
- What will be the safeguards around VAD?
