This article highlights the 11 February 2022 decision in Health Care Complaints Commission V Godwin [2022] NSWCATOD 17, in which a general practitioner, Dr Godwin was reprimanded and his registration suspended for 6 months by the NSW Civil & Administrative Tribunal (‘Tribunal’) in February 2022.

On 19 May 2022, the NSW Parliament passed the Voluntary Assisted Dying Act 2022 which will allow eligible persons access to voluntary assisted dying services from 28 November 2023.  This will effectively give those persons control over the timing of their death.

The Act has been designed to prioritise personal autonomy, and to provide those in the end stages of life with greater levels of support and medical attention (including palliative care) for the purpose of minimising suffering.

Under the Act, voluntary assisted dying is not considered suicide, or an attempt by a person to cause serious physical harm upon him or herself for the purpose of the Mental Health Act 2007.