In force from 28th November 2023, NSW became the latest Australian state to enact voluntary assisted dying legislation. NSW is the last State to pass such legislation that aims to allow terminally ill patients, or patients in the late stages of advanced diseases, the ability to voluntarily pass peacefully and with dignity. The legislation will give individual patients more control over their end-of-life circumstances, in consideration of factors such as stress, autonomy, quality of life and equal value of human life, amongst other factors.
Voluntary assisted dying involves the utilisation of medication to bring about the death of a patient. This medication can be administered by a medical practitioner or, if the patient so chooses, they have the option to self-administer under the supervision of a medical practitioner. It is important to recognise the distinction, that this form of dying does not constitute suicide under NSW law.
The option of voluntary assisted dying is available to patients in NSW that:
The person is not eligible if they have dementia, disability or other mental illness.
Outlined in Section 6 of the Act, a patient will be deemed to have decision-making capacity if they can demonstrate an understanding of the information and advice regarding assisted dying, remember such information, understand the matters related to assisted dying and the enduring effects of such a decision. The patient must also be able to weigh up the factors and advice and be able to communicate their decision or request for access to voluntary assisted dying.
No, the law does not compel doctors, nurses, or other healthcare professionals to participate in VAD. They cannot be forced to provide information about VAD, assess eligibility, or administer substances for voluntary assisted dying. If a doctor conscientiously objects to VAD, they may assist in finding another willing practitioner. However, if unsuccessful, you might need to take the initiative to get a new healthcare professional who is more open to assisting with the VAD process. Remember, conscientious objection is respected, and alternative support should be sought.