The move would make VAD laws in NSW consistent with the rest of the country.
Terminally ill patients in NSW will be able to access voluntary assisted dying from tomorrow, making laws in the state consistent with other Australian jurisdictions.
Only patients with an advanced and progressive illness or medical condition, that is expected to cause death within six months (or 12 months for neurogenerative diseases) can access VAD. They must also meet the following criteria:
- Be at least 18 years old, either an Australian citizen permanent resident, or a resident of Australia for at least three years;
- Have lived in NSW for at least 12 months, unless an exception is granted;
- Have decision-making capacity, the ability to choose to end their own life without coercion, and have an ongoing request to end their own life.
Patients with a disability, mental health impairment or dementia are not eligible for VAD merely because of their condition.
Patients wishing to access VAD will need to make an initial request to a doctor who has undergone specialist VAD training, then have their eligibility assessed by two VAD-trained doctors, make a written declaration, then make a final request to the co-ordinating doctor.
The co-ordinating doctor will then complete a final review, confirming that all paperwork is in order and that eligibility criteria is met. The patient will then choose how they would like the medication to be administered; their doctor will then apply for authorisation of the substance, which will be granted by the Voluntary Assisted Dying Board.
In NSW, medical practitioners are forbidden from obstructing a patient from accessing information about VAD or interfere with the process, but they can still object to the practice (meaning they can refrain from participating in the patient’s request).
The NSW legislation also includes the following safeguards:
- The patient can stop or pause the VAD process at any moment without reason;
- Three separate requests to end their life must be made;
- Each decision must be made without pressure, influence or coercion;
- A family member or friend cannot make the request on a patient’s behalf;
- The patient must be given information about their diagnosis, prognosis, treatment options and palliative care during the process;
- Medical practitioners involved must have completed VAD training;
- The Voluntary Assisted Dying Board will oversee, monitor and review all decisions.
Anyone who persuades a patient to access VAD or administers VAD medication without following the formal process will be subject to penalties.
Broadly, legislation in NSW is similar to legislation in other states and territories. Some points of difference are:
- In NSW, patients have the option of administering the medication themselves or having a medical practitioner administer it for them, however in Victoria and South Australia the VAD substance is only able to be administered by a medical practitioner if the patient is unable to do so;
- In NSW medical staff with an objection to VAD are still required to provide information relating to VAD to a patient who requests it, as is the case in Victoria, Queensland and South Australia;
- In NSW VAD can be raised by a patient or medical practitioner, but medical practitioners cannot raise VAD as an option in South Australia and Victoria.
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