5 June 2024

Voluntary assisted dying legalised in ACT after 30-year battle

| Oliver Jacques
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Tara Cheyne in parliament

Human Rights Minister Tara Cheyne giving the closing speech on her VAD Bill. Photo: Claire Fenwicke.

Adults with advanced illnesses expected to cause death and facing intolerable suffering will now be eligible to take steps to end their life in the ACT after voluntary assisted dying legislation passed the Legislative Assembly today (5 June).

All Labor and Greens Legislative Assembly members voted in favour of an amended Voluntary Assisted Dying (VAD) Bill introduced by Labor Human Rights Minister Tara Cheyne in October last year.

Five of the nine Liberal members voted against – Ed Cocks, Jeremy Hanson, Elizabeth Kikkert, James Milligan and Peter Cain.

“This is a significant moment for the ACT Legislative Assembly. It follows years of advocacy from MLAs past and present to restore Territory Rights,” Chief Minister Andrew Barr said.

“I thank every Canberran who has supported the journey that has taken another step forward today.”

Voluntary assisted dying services are expected to be operational in the ACT by November 2025, following an implementation process.

All states and territories in Australia now have legal provisions for VAD except the Northern Territory.

VAD patients need to have lived in the ACT for at least 12 months, though those living outside the capital with a connection to Canberra may also be approved at the discretion of the Health Directorate. The person must also be capable of making their own decision and the process needs to be approved by two doctors.

Healthcare professionals will have the right to conscientiously object to participating in voluntary assisted dying. An independent VAD Oversight Board will be established to monitor the operation of the law and ensure compliance.

A review in three years will consider the possibility of extending VAD provisions to people with dementia, children and those living outside the ACT.

“We have the best legislation in the country,” Ms Cheyne said.

“Today is the culmination of years of effort and engagement. I greatly value that so many people shared their powerful and often very difficult personal stories, all of which had a role in guiding the development of this bill.”

Liberal MLA Jeremy Hanson spoke strongly against the bill, claiming Labor had opened the door for children to die. Several proposed amendments moved by his party were voted down.

In 1993, a VAD bill was introduced in the ACT Legislative Assembly by Independent member Michael Moore but failed to pass.

Four years later, the then-Coalition federal government stripped territories of the right to legislate on VAD. This was overturned by the current Labor federal government in 2022, soon after which consultation on VAD began in the ACT.

Members of the community can visit a voluntary assisted dying information page for more details and to subscribe for updates on voluntary assisted dying in the ACT. This website will be updated regularly as work progresses on the voluntary assisted dying scheme.

If the issue of voluntary assisted dying raises issues for you or your family, you can contact Lifeline on 13 11 14 or Griefline on 1300 845 745.

Original Article published by Oliver Jacques on Riotact.

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