Voluntary Assisted Dying Act 2017

For a person to be eligible for access to voluntary assisted dying—

the person must be aged 18 years or more; and

the person must—

be an Australian citizen or permanent resident; and

be ordinarily resident in Victoria; and

at the time of making a first request, have been ordinarily resident in Victoria for at least 12 months; and

the person must have decision-making capacity in relation to voluntary assisted dying; and

the person must be diagnosed with a disease, illness or medical condition that—

is incurable; and

is advanced, progressive and will cause death; and

is expected to cause death within weeks or months, not exceeding 6 months; and

is causing suffering to the person that cannot be relieved in a manner that the person considers tolerable.

A person is not eligible for access to voluntary assisted dying only because the person is diagnosed with a mental illness, within the meaning of the Mental Health and Wellbeing Act 2022.

A person is not eligible for access to voluntary assisted dying only because the person has a disability, within the meaning of section 3(1) of the Disability Act 2006.

Despite subsection (1)(d)(iii), if the person is diagnosed with a disease, illness or medical condition that is neurodegenerative, that disease, illness or medical condition must be expected to cause death within weeks or months, not exceeding 12 months.