Voluntary assisted dying will be available to Canberrans from late next year after the ACT Legislative Assembly today passed the Voluntary Assisted Dying Bill 2023.

“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.”

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 ACT.

Minister for Human Rights Tara Cheyne emphasised the empowerment the legislation provides.

“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,” she said. “It is a compassionate option in response to those facing intolerable suffering at the end of their lives which promotes autonomy and dignity.”

The laws will come into effect on 3 November 2025.

The key features of the Bill include:

1. Strict Eligibility: Access is limited to adults with a terminal condition that is advanced, progressive, and expected to cause death, who are approaching the end of their life. The person must have decision-making capacity and act voluntarily.
2. Robust Safeguards: A multi-step process with multiple assessments by health practitioners will ensure informed consent and protect vulnerable individuals.
3. Palliative Care Prioritised: The government emphasises the importance of high-quality palliative care for all Canberrans, stating that voluntary assisted dying is not a replacement for palliative care.
4. Conscientious Objections Protected: Healthcare professionals have the right to conscientiously object to participating in voluntary assisted dying.
5. Regulatory Oversight: An independent VAD Oversight Board will monitor the operation of the law and ensure compliance.

Introduced in late October 2023, the VAD legislation followed extensive consultation and came 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 detailed debate, the Bill has been refined to address these recommendations and community and expert feedback.

Minister Cheyne acknowledged the extensive effort behind the Bill. “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.”

Chief Minister Barr recognised the contributions of many in the process. “The passing of this legislation is a victory for democratic rights and human rights, and the result of a campaign more than a decade in the making. It’s the result of years of advocacy for equal rights – and I thank every Canberran who has supported the journey that has concluded today.”

Minister for Health Rachel Stephen-Smith highlighted the government’s commitment to implementation. “The Government is committed to ensuring that Voluntary Assisted Dying is implemented safely and effectively in the ACT. Canberrans will be provided with accessible information and support, so they can make informed choices about their end-of-life options, with the support of their family, friends, carers, and healthcare professionals.”

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,” Minister Stephen-Smith said.

It passed the 25-member ACT Legislative Assembly on Wednesday with the support of Labor, the Greens and a handful of Liberal MPs, including Opposition Leader Elizabeth Lee.

The ACT and Northern Territory were blocked from legislating on euthanasia for a quarter of a century until Commonwealth laws were overturned in 2022.

All Australian states have passed voluntary assisted dying laws in various forms.