Voluntary Assisted Dying (VAD) laws are now in place across Australia's states and will soon be implemented in the ACT by November 2025. These laws allow terminally ill individuals to seek medical assistance to end their lives, provided they meet strict eligibility criteria.
Each state has established safeguards to regulate the process rigorously. These include restrictions on when healthcare professionals can discuss VAD, requirements for multiple medical opinions in certain cases, and protocols for handling VAD medications.
Significantly, health professionals and personal care workers have the right to conscientiously object to participating in VAD activities, including providing information or assisting with the process.
What is voluntary assisted dying?
Voluntary assisted dying is when a person with a terminal illness chooses medical assistance to end their life. It involves either self-administration, where the person takes the medication themselves, or practitioner administration, where a health practitioner administers the medication.
VAD is voluntary and requires the person to have decision-making capacity, ensuring it is their independent choice.
It is sometimes also known as euthanasia.
Is voluntary assisted dying legal in Australia?
Voluntary assisted dying is legal in all Australian states. It is currently illegal in both Australian territories. If you have any questions about it, you should contact an experienced criminal lawyer before taking any action.
To access VAD, a person must meet specific eligibility criteria. They must be:
- aged 18 years or over;
- an Australian citizen or permanent resident, who has been resident in the State for at least 12 months when they first request VAD (these criteria can be met in other ways in Tasmania, Queensland and New South Wales);
- have decision-making capacity for VAD;
- acting voluntarily and without coercion;
- making an enduring request for VAD (i.e. their request is ongoing); and
- diagnosed with a disease, illness or medical condition that is
- advanced and will cause death. In all States except Tasmania it must also be progressive (i.e. the person experiences active deterioration);
- incurable (Victoria, South Australia and Tasmania only), and irreversible (Tasmania only),
- expected to cause death within six months, or 12 months for a person with a neurodegenerative disease, illness or medical condition. In Queensland, however, a person expected to die within 12 months may apply for VAD; and
- causing suffering that cannot be relieved in a manner that the person finds tolerable. The person's suffering may be physical or non-physical e.g. psychological, or existential.
A person will not be eligible for VAD based on having a disability or mental illness (or in New South Wales, dementia) alone – they must meet all of the criteria above to access VAD.
NSW
Voluntary assisted dying was legalised in NSW in May 2022. Patients can either take the medication themselves orally or have it injected by a doctor.
The laws allow for institutional objection. However, for those living permanently in aged care, palliative care or other facilities, VAD services can be accessed even if the facility objects, because it is considered the person's home.
Victoria
VAD was legalised in Victoria in 2017 with laws becoming effective from 19 June 2019. In order to qualify for VAD, patients must have an incurable illness.
However, health professionals cannot suggest VAD as an option – the patient must raise VAD.
Patients must take the medication themselves unless they cannot administer or digest it themselves.
Queensland
Queensland legalised VAD in 2021 with the laws coming into effect from 1 January 2023. Patients require a condition likely to cause death within a year. This is different to other states where the time period is six months.
If a health professional makes a conscientious objection, they must provide the patient with the contact details of a service that provides VAD.
South Australia
VAD was legalised in South Australia in 2021. The laws became effective from 31 January 2023. A patient must have an incurable illness.
Health professionals cannot bring up VAD as an option; the patient must initiate a VAD conversation.
Western Australia
Western Australia legalised VAD in 2019, with the laws coming into effect on 1 July 2021.
If a health professional makes a conscientious objection, they must provide the patient with the contact details of a service that provides VAD.
Tasmania
Legalised in 2021, laws came into effect on 23 October 2022.
Person must have an incurable and irreversible illness.
Conscientious objectors must provide contact details of a service that provides VAD.
Australian Capital Territory
VAD is currently illegal in the ACT but will be legalised on 3 November 2025.
You can be charged with offences such as murder and manslaughter if you assist a person with euthanasia. An experienced criminal lawyer will be able to assist you in advising about what you can and cannot do.
Northern Territory
VAD is illegal in the Northern Territory.
Assisting another person to die can result in being charged with murder, manslaughter or assisting suicide.
Interestingly, euthanasia was legal in the NT in 1996-97, until the territory law was nullified by the federal government.
Accessing VAD
Each State requires a person to undergo a request and assessment process to access VAD. It generally involves:
- making at least three requests for VAD; and
- being assessed as eligible by at least two independent medical practitioners.
The person can withdraw their request for VAD at any time.
Administration of VAD medication
In voluntary assisted dying (VAD), the medication can be administered either by the person themselves (self-administration) or, in some instances, by a health practitioner (practitioner administration), with specific rules varying across Australian states.
The person has the autonomy to choose when and where to take the medication and may have family and friends present if desired. However, for practitioner administration, a witness is required in all states except Tasmania to oversee the process.
Safeguards
Each Australian state has implemented safeguards to ensure that VAD is accessible only to eligible individuals. These safeguards include restrictions on when healthcare professionals can initiate discussions or provide information about VAD. In some cases, additional specialist opinions are required to confirm eligibility, particularly when a person's decision-making capacity is uncertain. Strict protocols govern the prescription, dispensing, and disposal of VAD medications, with requirements for any unused medication to be returned to the dispensing pharmacist. Offences are in place to deter anyone from inducing another person to request VAD or take the medication.
Additionally, independent Boards or Commissions oversee the implementation of VAD laws in each state. These bodies are responsible for monitoring, reporting on, and conducting research related to the administration of VAD to ensure compliance with legal and ethical standards across jurisdictions.
Discussing and providing information on VAD
In South Australia and Victoria, medical practitioners, nurses, and other registered health professionals are prohibited from initiating discussions about voluntary assisted dying (VAD) with individuals. They can provide information only if requested by the person.
In Western Australia, Tasmania, Queensland, and New South Wales, medical practitioners are permitted to initiate discussions about VAD but must also offer information on treatment and palliative care options. Nurse practitioners in Western Australia and Queensland have similar permissions.
In Tasmania, all registered health practitioners except medical practitioners can initiate VAD discussions but must advise that a medical practitioner is best suited for this conversation.
In New South Wales, all registered health practitioners except medical practitioners can initiate discussions but must inform individuals about available palliative care and treatment options, encouraging them to consult with their medical practitioner.
In all states, registered health practitioners and personal care workers can provide VAD information upon request. Health professionals and personal care workers in aged and home care settings can participate or abstain from VAD involvement. However, objecting health professionals and non-participating residential facilities in some states still have legal obligations related to VAD.
Conscientious objection to VAD
Health professionals and personal care workers across all Australian states have the right to conscientiously object to participating in voluntary assisted dying (VAD). This includes refusing to accept VAD requests, engaging in assessment processes or administration decisions, prescribing, supplying, or administering VAD medication, and being present during its administration.
In Victoria, South Australia, Queensland, and New South Wales, individuals with conscientious objections can also decline to provide information about VAD. In Western Australia, Queensland, and New South Wales, if a medical practitioner declines a first VAD request due to conscientious objection, they must inform the person immediately. Additionally, in Western Australia, Tasmania, and Queensland, they are required to provide contact details for a service that offers VAD.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.