On 22 November 2017, the Victorian Government became the first State in Australia to pass voluntary assisted dying legislation which is due to commence in 2019.
Under the Voluntary Assisted Dying Act 2017 (Vic) (Act), “voluntary assisted dying” is defined as the administration of a voluntary assisted dying substance and includes steps reasonably related to such administration.[1]
Who will be eligible?
A person is eligible for access to voluntary assisted dying if the person is[2]:
- aged 18 years or more; and
- an Australian citizen or permanent resident and ordinarily resident in Victoria and at the time of making a first request, has been ordinarily resident in Victoria for at least 12 months; and
- has decision-making capacity (as defined) in relation to voluntary assisted dying; and
- diagnosed with a disease, illness or medical condition that is:
- incurable; and
- is advanced, progressive and will cause death; and
- is expected to cause death within weeks or months, not exceeding six months; and
- is causing suffering to the person that cannot be relieved in a manner that the person considers tolerable.
However, a person is not eligible for access to voluntary assisted dying only because that person is diagnosed with a mental illness within the meaning of Mental Health Act 2014 (Vic).[3]
When may a person access voluntary assisted dying?
A registered medical practitioner, known as a ‘co-ordinating medical practitioner’ under the Act, must assess whether a person meets the eligibility criteria for assisted dying.
A person may access voluntary assisted dying if:
(a) the person has made a first request; and
(b) the person has been assessed as eligible for access to voluntary assisted dying by:
(i) the co-ordinating medical practitioner for the person; and
(ii) a consulting medical practitioner for the person; and
(c) the person has made a written declaration; and
(d) the person has made a final request to the co-ordinating medical practitioner; and
(e) the person has appointed a contact person (to monitor the voluntary assisted dying substance); and
(f) the co-ordinating medical practitioner has certified in a final review form that the request and assessment process has been completed as required by this Act; and
(g) the person is the subject of a voluntary assisted dying permit.
Voluntary assisted dying must not be initiated by a registered health practitioner in the course of providing services to the person but a registered health practitioner may provide information about voluntary assisted dying to a person at that persons’ request.[4]
A co-ordinating medical practitioner must hold a fellowship with a specialist medical college or be a vocationally registered general practitioner and must have completed approved assessment training.[5]
A registered health practitioner who has a conscientious objection to voluntary assisted dying has the right to refuse to do any of the following:
(a) to provide information about voluntary assisted dying;
(b) to participate in the request and assessment process;
(c) to apply for a voluntary assisted dying permit;
(d) to supply, prescribe or administer a voluntary assisted dying substance;
(e) to be present at the time of administration of a voluntary assisted dying substance;
(f) to dispense a prescription for a voluntary assisted dying substance.[6]
Generally, the person must administer the drug themselves, but there are provisions which allow the co-ordinating medical practitioner to apply for a ‘practitioner administration permit’ if the person is physically incapable of self-administration[7].
The legislation will come into operation on a day to be proclaimed, or on 19 June 2019 if not proclaimed earlier.[8]
[1] Voluntary Assisted Dying Act 2017 (Vic) s 9.
[2] Ibid s 9.
[3] Ibid, section 9(2).
[4] Ibid, s 8
[5] Ibid ss 10, 17
[6] Ibid s 7
[7] Ibid s 48(3)(a)
[8] Ibid s 2