Voluntary assisted dying laws passed the ACT Legislative Assembly on Wednesday. The laws will take effect from late next year.
Here is what you need to know about the laws.
When will people be able to access voluntary assisted dying?
The ACT's scheme will take effect from November 3, 2025. This is to give the territory time to prepare for voluntary assisted dying. It follows experiences of other states who gave 18-month implementation time frames between the law passing parliament and coming into effect.
Who is eligible for voluntary assisted dying?
A person would be eligible for voluntary assisted dying if two health practitioners agree the person has at least one condition that is "advanced, progressive and expected to cause the person's death".
An "advanced" condition is considered to be during a period of serious illness when the functioning and the quality of life decline and treatments, excluding pain treatment, offer no beneficial effect. The legislation says this includes:
- The individual's functioning and quality of life have declined or are declining
- Any treatments that are reasonably available and acceptable to the individual have lost any beneficial impact
- The individual is approaching the end of their life
People who have lost decision-making capacity won't be able to access voluntary assisted dying.
Unlike other states where legislation has passed there won't be a requirement to have an expected timeframe to death. Other Australian jurisdictions require a person to be within six or 12 months of death but the ACT did not pursue this.
Human Rights Minister Tara Cheyne has previously said evidence showed imposing a time frame could be arbitrary and was "inherently uncertain and imprecise".
How is someone assessed for voluntary assisted dying?
A person who thinks they meet the criteria of voluntary assisted dying is required to make the request to a health practitioner. They must make the first request.
This request must be "clear and unambiguous" and can be made verbally or in writing.
A health practitioner must accept this request within two working days and if they accept the request, they become the person's coordinating practitioner. In order to be this practitioner a person must have completed mandatory voluntary assisted dying and qualification requirements.
The co-ordinating practitioner then determines whether the person meets the eligibility requirements. If a person is deemed eligible the practitioner must refer them to another health practitioner who will undertake a second assessment.
If this health practitioner accepts the decision the individual will be told and then they are required to make a second request to their coordinating practitioner for voluntary assisted dying.
If this is accepted a person will be able to access voluntary assisted dying.
One of the health practitioners is allowed to be a nurse practitioner, which is different to other Australian jurisdictions.
Health practitioners are able to initiate conversations about voluntary assisted dying ensuring they provide other information to individuals around treatment options and their likely outcomes and the palliative care options available.
What if my doctor is against voluntary assisted dying?
Doctors and other health practitioners who have a conscientious objection won't be required to assist a person who wishes to access voluntary assisted dying.
But the health professional must refer the person to another provider who may assist.
Will children be able to access voluntary assisted dying?
No, children won't be eligible for voluntary assisted dying under the bill.
The ACT government had considered allowing teenagers with decision-making capacity the ability to access the scheme but ultimately decided against this.
The government said the reason for this was it would be too complex for what would be an "extremely low uptake".
A rough estimate has suggested only one person under 18 would be likely to use voluntary assisted dying in Canberra every 50 years.
However, the government may reconsider this position during a review of the legislation which is set to take place three years after the scheme comes into place.
What are the protections around coercion?
A person applying to access voluntary assisted dying must have demonstrate they have decision-making capacity throughout the entire process.
In the eligibility requirements for voluntary assisted dying a health practitioner must determine that a person made the decision without coercion.
At multiple times throughout the assessment process a person is asked to reaffirm they are doing this voluntarily.
It is an offence for someone to coerce another to make a request for voluntary assisted dying and they can face up to seven years in jail.
