Voluntary Assisted Dying Act 2024

This Act is the Voluntary Assisted Dying Act 2024.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘health record—see the Health Records (Privacy and Access) Act 1997, dictionary.’ means that the term ‘health record’ is defined in that dictionary and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Objects, principles and important concepts

The objects of this Act are to—

give individuals who are suffering and dying the option of requesting assistance to end their lives; and

establish a process for individuals to exercise the option to request assistance to end their lives if they have been assessed as meeting the requirements to access voluntary assisted dying under this Act; and

establish mechanisms to—

ensure that voluntary assisted dying is accessed only by individuals who—

want to exercise the option to request assistance to end their lives; and

have been assessed as meeting the requirements to access voluntary assisted dying under this Act; and

protect individuals from coercion and exploitation; and

provide protection for health practitioners who choose to assist, or not assist, individuals to exercise the option of ending their lives in accordance with this Act; and

provide for the monitoring and enforcement of compliance with this Act.

The following principles are to be taken into account by a person in exercising a function under this Act:

human life is of fundamental importance;

every individual has inherent dignity and should be treated with compassion and respect;

an individual’s autonomy, including autonomy in relation to end of life choices, should be respected;

every individual approaching the end of their life should be provided with high quality, person-centred care and treatment, including palliative care, to minimise their suffering and maximise their quality of life;

an individual should be supported in making informed decisions about treatment and end of life choices;

individuals should be protected from coercion and exploitation;

an individual’s personal, cultural and religious beliefs and values should be respected.

For the purposes of a territory law, and for the purposes of a contract, deed or other instrument entered into in the ACT or governed by a territory law, an individual who dies as the result of the administration of an approved substance by or to the individual in accordance with this Act—

does not die by suicide; and

is taken to have died from the condition mentioned in section 11 (1) (b).

If an individual starts a request to access voluntary assisted dying, the individual may, at any time, decide not to take any further steps in relation to the request.

However, the individual does not need to start a new request if the individual later decides to take further steps in relation to the request.

An individual may access voluntary assisted dying only if—

the individual has made a first request; and

the individual’s coordinating practitioner has decided that the individual meets the eligibility requirements; and

the individual’s consulting practitioner has decided that the individual meets the eligibility requirements; and

the individual has made a second request; and

the individual has made a final request; and

the individual’s coordinating practitioner has decided that the individual meets the final assessment requirements; and

the individual has made an administration decision; and

if the individual has a self-administration decision in effect—a contact person appointment is in effect for the individual.

For this Act, an individual meets the eligibility requirements if—

they are an adult; and

they have been diagnosed with a condition that, either on its own or in combination with 1 or more other diagnosed conditions, is advanced, progressive and expected to cause death (the relevant conditions); and

they are suffering intolerably in relation to the relevant conditions; and

they have decision-making capacity in relation to voluntary assisted dying; and

their decision to access voluntary assisted dying is made voluntarily and without coercion; and

they have—

lived in the ACT for at least the previous 12 months; or

been granted an exemption under section 154.

For subsection (1) (b), an individual—

may meet the requirement mentioned in that subsection if they have a disability, mental disorder or mental illness; but

does not meet the requirement mentioned in that subsection only because they have—

a disability that—

substantially impairs their communication, learning or mobility; and

results in the individual needing services to support them to live with the disability; or

a mental disorder or mental illness.

For subsection (1) (b), an individual’s relevant conditions are advanced if—

the individual’s functioning and quality of life—

have declined or are declining; and

are not expected to improve; and

any treatments for the conditions that are reasonably available and acceptable to the individual have lost any beneficial impact; and

the individual is approaching the end of their life.

For subsection (1) (c), an individual is suffering intolerably in relation to their relevant conditions if—

persistent suffering (whether physical, mental or both) is being caused to them by—

1 or more of the following matters:

the relevant conditions;

the combination of the relevant conditions and any other condition or conditions they have been diagnosed with (the other conditions);

treatment they have received for the relevant conditions;

the combination of treatments they have received for the relevant conditions and the other conditions; or

the anticipation or expectation, based on medical advice, of suffering that will or might be caused by a matter mentioned in subparagraph (i); or

a medical complication that will or might result from, or be related to, a matter mentioned in subparagraph (i); and

the persistent suffering is, in their opinion, intolerable.

For subsection (3) (b), treatment, for an individual’s relevant conditions, does not include treatment that is primarily for the purpose of relieving a symptom of the conditions or any pain or distress caused by the conditions.

For subsection (3) (c), an individual may be approaching the end of their life even if it is uncertain whether their relevant conditions will cause death within the next 12 months.

In this section:

condition means a disease, illness or other medical condition.

disability—see the Disability Services Act 1991, dictionary.

mental disorder—see the Mental Health Act 2015, section 9.

mental illness—see the Mental Health Act 2015, section 10.

progressive—an individual’s condition is progressive if their condition is deteriorating and will continue to deteriorate.

For this Act, an individual has decision‑making capacity in relation to voluntary assisted dying if they can—

understand the facts that relate to a decision about accessing voluntary assisted dying; and

understand the main choices available to them in relation to the decision; and

weigh up the consequences of the main choices; and

understand how the consequences affect them; and

on the basis of paragraphs (a) to (d), make the decision; and

communicate the decision in whatever way they can.

An individual must be assumed to have decision-making capacity in relation to voluntary assisted dying unless it is established that they do not have decision‑making capacity in relation to voluntary assisted dying.

In deciding whether an individual has decision‑making capacity in relation to voluntary assisted dying, the following must be taken into account:

an individual’s decision-making capacity is particular to the decision they are to make;

an individual is capable of making a decision if they are capable of making the decision with adequate and appropriate support;

an individual must not be treated as not having decision‑making capacity unless all practicable steps to support them to make decisions have been taken;

an individual must not be treated as not having decision‑making capacity only because they—

make an unwise decision; or

have impaired decision‑making capacity under another Act, or in relation to another decision;

an individual who moves between having and not having decision‑making capacity must, if practicable, be given the opportunity to consider matters requiring a decision at a time when they have decision-making capacity.

Part 3 Request and assessment process for access to voluntary assisted dying

Division 3.1 First request, coordinating practitioner and first assessment

An individual may make a request for access to voluntary assisted dying to a health practitioner (a first request).

The request must be—

clear and unambiguous; and

made personally by the individual.

The request may be made in writing or orally, or by communicating in any other way the individual can.