The ACT Legislative Assembly has published the report of its Inquiry into Voluntary Assisted Dying Bill 2023, the proposed legislation for euthanasia in the ACT.

The Select Committee was set up in October to examine the Voluntary Assisted Dying Bill. It made 27 recommendations, ranging from clarifying terms such as ‘advanced’ and ‘last stages of their life’ and providing clear information to health practitioners to seeking the perspectives of people with disability, carers, culturally and linguistically diverse communities, and Aboriginal and Torres Strait Islander people.

“The committee has made a number of consensus recommendations that will further shape the bill, and I would hope the government takes on board the consensus views of the committee,” the Committee’s chair, Labor MLA Suzanne Orr, said.

The ACT’s proposed evidence-based model provides that an individual will have access to voluntary assisted dying if they are at least 18 years old; have a condition that is advanced, progressive, and expected to cause death; are intolerably suffering; have lived in the ACT for 12 months, or been provided an exemption by demonstrating they have a substantial connection to the ACT; be acting voluntarily; and have decision-making capacity throughout the process.

All of these eligibility requirements must be met. As with other jurisdictions, an individual must undergo a multi-step request and assessment process. Two independent and suitably qualified, trained and authorised health professionals must assess the individual.

The Bill does not mandate that anyone take part in voluntary assisted dying. However, the Bill establishes minimum standards that individuals and organisations that conscientiously object to or cannot assist with voluntary assisted dying must follow, including not hindering access.

ACT Greens MLA Andrew Braddock recommended that the government implement voluntary assisted dying for people with dementia who had lost the capacity to make decisions themselves.

“VAD will not be available for Canberrans who have lost decision making capacity, even if their wishes are clearly made in an Advanced Health Care Directive,” Mr Braddock said. “Advanced health care directives already enable people to make significant decisions about their medical future. Denying access to VAD by those who suffer from dementia and other similar ailments means their medical wishes cannot be respected, and they are condemned to die slowly, in pain, in fear, and without dignity.”

That, however, was one of the sticking points for Canberra Liberals MLAs Leanne Castley and Ed Cocks, who recommended that the Bill not be passed in its current form. In their opinion, it was “the most ideological and extreme assisted dying legislation in the country”.

They believed the proposed ACT legislation was more ideological, and closer to the model advocated by extreme advocacy organisations, than the standard Australian Model of voluntary assisted dying; it prioritised access over safety, removed or watered down safeguards, and adopted harsh penalties for conscientious objectors. They were also concerned voluntary assisted dying could be expanded to children or people who had lost the capacity to make decisions. They recommended the government amend the Bill to be more consistent with legislation in other jurisdictions.

The Committee received 83 submissions and heard from witnesses for four days.

“The Committee acknowledges that Voluntary Assisted Dying is a sensitive topic, and that different people will have different views on it,” Ms Orr said.  “It was important to explore the views of a range of stakeholders with different views and expertise in different areas to inform this inquiry. The Committee would like to thank those who contributed to the inquiry through submissions and appearing at the public hearings which has assisted the Committee in gaining a deeper understanding of the topic.

“The Committee particularly acknowledges and thanks those who made submissions or gave evidence to the Committee based on their personal experience of their own illness or that of a family member.”

Support for anyone affected by the issues raised in this inquiry is available from:

• Lifeline: 131114                 www.lifeline.org.au
• Griefline: 1300 845 745 www.griefline.org.au