Google AI


Modern Australian

Voluntary assisted dying is finally being considered in the ACT. How would it differ from state laws?

  • Written by: Ben White, Professor of End-of-Life Law and Regulation, Australian Centre for Health Law Research, Queensland University of Technology
Voluntary assisted dying is finally being considered in the ACT. How would it differ from state laws?

The first Australian Capital Territory voluntary assisted dying bill in more than 25 years was tabled in parliament yesterday.

This was possible after the Commonwealth lifted the ban on territories making laws about assisted dying in December last year. This meant the ACT and Northern Territory could join the six Australian states which have now passed voluntary assisted dying laws.

As with all parliamentary debates about voluntary assisted dying in Australia, this will be a conscience vote. But what will ACT parliamentarians be voting on?

Read more: Voluntary assisted dying will be available to more Australians this year. Here's what to expect in 2023

In some ways, the ACT bill reflects the Australian model:

  • detailed eligibility criteria are reviewed by two independent and trained health practitioners
  • patients need to make three requests at various points
  • there is an oversight board scrutinising cases, along with offences, to protect patients
  • health practitioners’ conscientious objection is protected.

But ACT bill has three new features:

  • no specific timeframe until death
  • nurse practitioners can be involved in assessing eligibility
  • protections for patients in institutions that object to voluntary assisted dying.

No specific timeframe until death

Reflecting the national approach, voluntary assisted would be available for adults living in the ACT with decision-making capacity who seek this choice voluntarily and without coercion. They must also be suffering intolerably.

But discussion will no doubt focus on the fact that the ACT bill does not contain an expected timeframe until death.

Australian states have normally required an expected death within six months, with an extension to 12 months for neurodegenerative conditions. Queensland has 12 months for all conditions.

Read more: Voluntary assisted dying could soon be legal in Queensland. Here's how its bill differs from other states

But in the ACT, the relevant criteria is silent on time to death and requires only that the condition is “advanced, progressive and expected to cause death”.

Reasons for this policy choice include that a timeframe is arbitrary, it exacerbates suffering for terminally ill patients and was not supported in public consultation.

This new feature must be seen in context. Voluntary assisted dying eligibility criteria work together so all of them must be satisfied before a person can access voluntary assisted dying.

The ACT bill requires the person’s condition be “advanced” and this is defined to include requiring that the person is in the “last stages of life”. Because this criterion must be satisfied too, just having an illness that will cause death is not enough to access the service.

Our research has shown that because eligibility criteria work together, removing the timeframe to death is unlikely to affect which conditions will allow people to access voluntary assisted dying.

Man reaches for glasses next to his bed
The ACT change is unlikely to affect which conditions will be eligible for assisted dying. Shvets Production/Pexels

Nurse practitioners can be involved in assessing eligibility

Australian voluntary assisted dying laws have to date required that both health practitioners assessing eligibility be doctors.

The ACT bill contemplates that one practitioner could be a nurse practitioner. When introducing the bill, Minister for Human Rights Tara Cheyne said nurse practitioners must have relevant experience and at least one year’s endorsement after qualifying before they can undertake that role.

Cheyne pointed to the ACT’s small health workforce; and a key challenge of existing state voluntary assisted dying systems has been finding sufficient numbers of practitioners to assist patients.

Read more: Voluntary assisted dying is legal in Victoria, but you may not be able to access it

Protecting patient access in objecting institutions

A third key difference is how the ACT bill deals with institutions which may object to voluntary assisted dying, such as faith-based hospitals.

There is growing evidence this is a problem in the first states to pass voluntary assisted dying laws like Victoria. Later states – South Australia, Queensland and New South Wales – have dealt with this issue specifically in their law.

Those states generally protect access for permanent residents in facilities, such as aged care residents, but offer less protection for non-permanent residents, such as a patient in a hospital.

The ACT has opted for a simpler approach that does not distinguish between permanent and non-permanent residents, giving stronger protection for the latter.

The default is that voluntary assisted dying can be accessed in facilities unless that is not reasonably practicable.

The ACT bill also regulates this more robustly by requiring institutions to develop minimum standards for how they will comply with these laws and creating offences for non-compliance.

Read more: What happens if you want access to voluntary assisted dying but your nursing home won't let you?

What happens next?

The bill was referred to a parliamentary committee for further consideration. This happened for Australian state voluntary assisted dying laws and provides opportunity for reflection on the bill.

Some will object to these features in the ACT bill because they are different from the Australian model. Such objections also arose when states after Victoria made decisions that their law would be different.

But it is difficult to argue the ACT should blindly follow what other states have done. There is evidence that access to voluntary assisted dying under those laws is challenging and local considerations may also mean different approaches are needed.

We anticipate robust consideration of the bill by the committee and then parliament. If passed, the usual 18-month implementation period is proposed which means ACT residents could have access by 2025.

Read more: Territories free to make their own voluntary assisted dying laws, in landmark decision. Here's what happens next

Authors: Ben White, Professor of End-of-Life Law and Regulation, Australian Centre for Health Law Research, Queensland University of Technology

Read more https://theconversation.com/voluntary-assisted-dying-is-finally-being-considered-in-the-act-how-would-it-differ-from-state-laws-216733

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...