Earlier this week, Victoria’s new assisted dying laws came into effect on 19 June – the first time in more than 20 years that voluntary assisted dying (VAD) or ‘voluntary euthanasia’ will be legal in Australia.
What do the laws allow?
Under the new laws, terminally ill Victorians over the age of 18 will be able to legally request access to life-ending medication. It won’t be easy to access the scheme though – there are 68 different safeguards in place, making the legislation some of the strictest in the world.
To be eligible, you must be aged over 18; an Australian citizen or permanent resident; and have lived in Victoria for over 12 months. You must also have been diagnosed with a terminal illness that will cause death within six months (or 12 months if the condition is neurodegenerative) and possess decision-making capacity through the whole process.
Critically, people with a degenerative brain condition such as Alzheimer’s disease are eligible to access VAD, provided they meet all other criteria, though having a condition such as dementia alone is not deemed sufficient cause to access the scheme, and the patient will lose access if it affects their decision-making abilities. The same criteria apply to patients with a mental illness or disability.
You must also be assessed independently by two doctors. Following the doctors’ assessment, the patient must sign a written request confirming they are making an informed, voluntary and enduring decision, as well as make a final verbal request.
The whole process can also not happen in fewer than 10 days unless the person is expected to die within that time.
In most cases, the prescription will be administered by the person themselves. However, a medical professional may be allowed to assist with this if the person is not physically able to do so.
It’s hard to tell how many people will access the new laws once they come into effect – but based on international trends in countries where voluntary assisted dying is already legal (such as Canada, The Netherlands and Switzerland), the state government estimates around 100 to 150 people will choose to voluntarily end their lives with assistance each year – including some in aged care.
Western Australia and Queensland are also currently considering adopting the same laws.
A difficult issue to navigate
VAD is a complex and sensitive issue – some patients, families and health professionals (both in Victoria and across Australia) are opposed to it. Last year, both the ACT and the Northern Territory lobbied unsuccessfully to overturn the federal law that prevents them from offering VAD.
However, a lot of Australians also feel that it should be the right of a terminally ill individual to have control over when and how they end their life. As we reported here, Queensland is currently holding an inquiry into aged care, end-of-life and palliative care and voluntary assisted dying (VAD).
The inquiry has received many submissions from Queenslanders who are supportive of VAD and of the need for more education and resources to be available for those receiving palliative and end-of-life care – another important issue.
This is a difficult topic that affects everyone, and it’s important to listen to all points of view. We believe ultimately, the safety and care of our terminally ill citizens should be all Governments’ top priority, regardless of their laws.
You can find more information about the voluntary assisted dying laws in Victoria here.
For more support and information, you can contact Lifeline 24 hours a day online and on 13 11 14. Other services include Beyond Blue and Kids Helpline (for people aged five to 25) on 1800 55 1800.
The Australian Centre for Grief and Bereavement can also be contacted on 1800 642 066.
