The ACT Legislative Assembly has passed the Voluntary Assisted Dying Bill 2023 today: an historic occasion for the ACT, for the ACT's democratic rights, and for eligible Canberrans who are intolerably suffering at the end of their lives.
"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."
"This Legislation is a clear example of the ACT Government working with the community and stakeholders to develop a progressive and practical scheme that responds to the needs of the Canberra community."
The Bill's passage follows extensive community consultation and a rigorous select committee inquiry.
It will establish a safe and dignified framework for voluntary assisted dying (VAD) in the Territory.
"This legislation is about empowering individuals with a terminal illness, whose condition is advanced and progressive, to make choices that align with their values and preferences at the end of their lives," said Minister for Human Rights Tara Cheyne.
"It is a compassionate option in response to those facing intolerable suffering at the end of their lives which promotes autonomy and dignity."
Key features:
- Strict eligibility: Access will be limited to adults with a condition that is advanced, progressive and expected to cause death and who are approaching the end of their life. The person must have decision-making capacity and be acting voluntarily.
- Robust safeguards: A multi-step process with multiple assessments by health practitioners will ensure informed consent and protect vulnerable individuals.
- Palliative care prioritised: The government has emphasised the importance of high-quality palliative care for all Canberrans and voluntary assisted dying is not a replacement for palliative care.
- Conscientious objections protected: Healthcare professionals will have the right to conscientiously object to participating in voluntary assisted dying.
- Regulatory oversight: An independent VAD Oversight Board will be established to monitor the operation of the law and ensure compliance.
VAD legislation was introduced in late October 2023 following extensive consultation and less than a year after the ACT's Territory Rights were restored. The Select Committee inquiring into the government's Bill proposed 27 recommendations and, through the detailed debate process, the Bill has been further refined to address committee recommendations and community and expert feedback.
"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.
"I also want to acknowledge the extraordinary cross-Government effort that has occurred. We are indebted to the efforts of the Commonwealth Government which restored our rights, and the ACT Government has drawn from considerable policy, clinical, academic, community and legal expertise from across and external to Government in developing this Bill, without compromising on timeframes.
The ACT Government has already established an implementation taskforce to prepare the health system and workforce for the delivery of voluntary assisted dying services.
"The Taskforce will work to ensure the ACT has a successful, safe and accessible model of care. This will include developing clinical guidelines, training healthcare professionals and establishing support services for the community.
"Throughout the implementation process, the taskforce will continue to work closely with key stakeholder groups, agencies, community organisations and the broader community to deliver the voluntary assisted dying scheme.
"This will include engagement with First Nations people, those from culturally and linguistically diverse communities, and people with disability," said Minister Stephen-Smith.
The taskforce has completed early planning for key implementation deliverables and to ensure the health system is ready to commence voluntary assisted dying services by 3 November 2025.
Members of the community can visit www.health.act.gov.au/voluntaryassisteddying
