The ACT government is considering lowering age limits for voluntary assisted dying to teenagers, following feedback from the community.
Tara Cheyne MLA, ACT Minister for Human Rights, yesterday tabled the Voluntary Assisted Dying Listening Report, based on a two-month consultation process held between February and April.
According to snapshots, health professionals wanted young people under 18 to access voluntary assisted dying; they invoked the human rights of children, ‘mature minors’, and the Gillick competency (whether a child under 16 has the capacity to consent to medical procedures and treatments).
Likewise, First Nations people told the government that youth eligibility needed to be clearly outlined in legislation and supporting policy, and take into consideration the unique situations of First Nations youth: some youth under 18 were recognised as adults within their communities long before they were of recognised legal age.
“We heard some strong support for allowing access to VAD for mature and capable young people who are … suffering,” Ms Cheyne said.
“Support was particularly strong from those with lived experience of young people suffering with incurable, terminal diseases, including patients and children.
“Many contributors noted that limiting voluntary assisted dying to those over the age of 18 was an arbitrary limit, given young people under the age of 18 also experience intolerable end-of-life suffering through terminal illnesses, and should have the same end-of-life choices as adults. Health professionals noted that, if pursued, this would need to be carefully implemented.”
The Australian Christian Lobby, however, called on the ACT government to abandon what it called “pro-death legislation”.
“For Minister Cheyne to state that minors ‘should have the same end of life choices as adults’ opens a modern-day Pandora’s box,” political director Rob Norman said. “Assuming minors have the same capacity as adults in making life-ending decisions is absurd. Minister Cheyne’s proposition that minors should be able to access assisted suicide sends a dangerous message to vulnerable teenagers and undermines the prevention of youth suicide.”
Conservative publications like The Australian and The Spectator have also published articles decrying the government’s euthanasia policy.
The Listening Report also recommended:
- removing arbitrary limits on timeframes to access voluntary assisted dying;
- that nurses should have significant roles;
- that health practitioners should be able to conscientiously object, as long as they did not hinder patients’ access to end-of-life care;
- that while faith-based service providers should be able to operate in accordance with their values, service providers should be required to facilitate patients’ access to voluntary assisted dying;
- the access to voluntary assisted dying of NSW and border communities and First Nations communities;
- that voluntary assisted dying must not detract from the palliative care system;
- incorporating voluntary assisted dying as part of advanced care planning (make it available once a person has lost capacity, e.g. in advanced dementia).
“The ACT government will be maintaining the position outlined in our Discussion Paper and throughout our consultation, that voluntary assisted dying will only be available to those people who retain decision-making capacity throughout the entire process,” Ms Cheyne said.
“The insights from all involved in the consultation process are now being used to shape how voluntary assisted dying will work in the ACT. A Bill will be introduced in the Legislative Assembly later this year.
“These reforms will take time to practically implement. Australian states have taken about 18 months after the passage of their VAD laws to set up safeguards, educate and train health professionals, and develop guidance for the community and health services. I expect our legislation in the ACT to allow for an appropriate time for the necessary systems to be put in place so that VAD is accessible for people who are eligible to choose it, and safeguarded from people who are not.”
The ACT Budget released this week, Ms Cheyne said, includes funding to establish a cross-directorate Voluntary Assisted Dying (VAD) team to support policy design and legislation.
