Voluntary Assisted Dying (VAD) Laws

VAD laws are state specific and the commencement date varies for each state. Links to each law and commencement date can be located at the below table:

State	Legislation	Effective from
Victoria	Voluntary Assisted Dying Act 2017 (Vic)	19 June 2019
Western Australia	Voluntary Assisted Dying Act 2019 (WA)	1 July 2021
Tasmania	End-of-Life Choices (Voluntary Assisted Dying) Act 2021 (TAS)	23 October 2022
Queensland	Voluntary Assisted Dying Act 2021 (QLD)	1 January 2023
South Australia	Voluntary Assisted Dying Act 2021 (SA)	31 January 2023
New South Wales	Voluntary Assisted Dying Act 2022 (NSW)	28 November 2023

 

There are currently no VAD laws in ACT and the NT. ACT has recently held a public consultation and plan to have proposed VAD laws considered by Parliament in late 2023.

The Department of Health in each state has information about VAD, including consumer information, medical practitioner eligibility and training requirements, guidelines and reporting obligations specific to your state.

• NSW Department of Health
• QLD Department of Health
• SA Department of Health
• TAS Department of Health
• VIC Department of Health
• WA Department of Health

Roles for medical practitioners in the VAD process vary depending on whether a medical practitioner elects to participate in the VAD process and have undertaken the mandatory training.

For practitioners who choose to participate and have undertaken the required VAD training, roles may include:

• Informing and educating the patient on VAD and other treatment options
• Assessing a person’s eligibility for VAD
• Prescribing VAD medication
• Administering VAD medication to a person and disposing of VAD medication if necessary
• Adhering to VAD reporting requirements

There are other roles related to the VAD process that medical practitioners can perform or could occur in clinical practice even if a medical practitioner elects not to participate in the VAD process or has not completed the mandatory training. These may include:

• Providing information to a person about VAD
• Receiving a person’s initial request for VAD
• Assessing whether a person meets specific eligibility criteria for VAD, eg assessing a person’s decision making capacity
• Being present (if asked) when a person self-administers VAD medication
• Arranging transfer to another practitioner or health service so a person can access VAD
• Documenting patient request for information in their medical record
• Notifying the relevant state authority of the individual’s request

 

Source: ELDAC, Factsheets, VAD in aged care – roles and obligations for medical practitioners: https://www.eldac.com.au/Portals/12/Documents/Factsheet/Legal/VAD-aged-care-medical-practitioners.pdf accessed 27 March 2023

Eligibility requirements vary between the states, some common requirements across all states include:

• Hold fellowship with a specialist medical college, hold specialist registration with the Medical Board of Australia, or, minimum years of practicing experience if holding general registration with the Medical Board of Australia
• Have no conditions on your registration with the Medical Board of Australia that may affect your ability to participate in the VAD process
• Successfully complete the VAD approved / mandatory training in your state

All doctors have the option not to participate in the VAD process. Medical practitioners who choose not to participate in the VAD process due to personal beliefs, such as religious, moral or ethical grounds, can exercise a conscientious objection.

Medical practitioners exercising a conscientious objection need to be aware of their obligations pursuant to the Medical Board of Australia Code of Conduct - Good Medical Practice and the laws in their respective state to not impede an individual’s access to VAD and ensure they communicate with the patient in a respectful and courteous way. Obligations vary in each state and may involve:

• Providing information to the individual about the request they are making
• Informing the patient of your decision not to accept their request
• Referring the individual to another medical practitioner or health service organisation where they can access VAD
• Documenting the information in the patient’s medical record
• Notifying the relevant state authority of the request received

Timeframes for communicating your decision to the patient and notifying the relevant state authority vary in each state.

There are currently no increases on MDA National premiums for Members participating in the VAD process. MDA National will however continue to monitor any emerging risks resulting from Members participating in the VAD process.

At present, there is no specific Medicare Benefits Schedule (MBS) item number for VAD. MBS have published an explanatory note, GN.13.33 stating services which do not attract Medicare benefits include “euthanasia and any service directly related to the procedure. However, services rendered for counselling/assessment about euthanasia will attract benefits.”

Medical practitioners should consider the following when considering developing private billing fees for their service and involvement in the VAD process:

• Consultation time, location and requirements
• Documentation and paperwork requirements
• Compliance with any relevant existing frameworks and guidance, such MBS, Medical Board of Australia Code of Conduct - Good Medical Practice

Some considerations for medical practitioners that can assist in making a choice to participate in the VAD process include:

• Eligibility to participate
• Availability and willingness to be involved
• The level of involvement you would have
• Whether your health service organisation has any policies, guidelines or positions about participation and capacity to participate
• Resources, systems and processes available in your organisation to manage and support your involvement
• Support available from trusted colleagues

The Commonwealth Criminal Code Act 1995 makes communication about ‘suicide’ over a ‘carriage service’ unlawful. A Federal Court judgment in November 2023 found the term suicide, as used in the criminal code, does apply to the ending of a person’s life through voluntary assisted dying. As a result, health professionals risk prosecution if they carry out some VAD activities electronically (e.g. by telehealth, on the phone, or by email). Questions about this can be directed to your state’s health department.