Library resource guides: Perioperative medicine training resources: U6M7: Legislation for voluntary assisted dying in Australia and New Zealand

Guide index

Support resources

These resources appear throughout the module to support learning outcomes.

Recommended texts

Euthanasia, Human Rights and the Law: Issue Paper by Australian Human Rights Comission
Publication Date: 2016

Guidelines/Standards

ACT Governement. Summary of the ACT’s framework for voluntary assisted dying.
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This document outlines the framework for Voluntary Assisted Dying (VAD) in the ACT proposed by the Voluntary Assisted Dying Bill 2023. The Bill is subject to a Legislative Assembly committee inquiry before it is debated and passed, and this framework may be updated as a result of this process.

Websites

British Medical Association (BMA): Physician-assisted dying.
The BMA adopted a neutral position on PAD (physician-assisted dying) at the annual meeting in September 2021. Read more about PAD, the survey we did and the BMA’s views.
End of Life Directions for Aged Care (ELDAC): Overview of Voluntary Assisted Dying
Voluntary assisted dying (VAD) is lawful in all Australian States. The laws in each State are similar but there are key differences.
Go Gentle Australia: Voluntary assisted dying in Australia
Go Gentle's vision is an Australia where we all are empowered to choose the end-of-life care that is right for us. They have been instrumental in passing voluntary assisted dying laws in all six states.
Manatū Hauora | Ministry of Health: Assisted dying | Mate whakaahuru
About the law that makes assisted dying legal in New Zealand and the implementation of this Act.
Government of South Australia | SA Health: Voluntary Assisted Dying in South Australia.
Voluntary assisted dying enables eligible people to voluntarily access and self-administer, or in some circumstances have a doctor administer, a medication that will cause their death, in accordance with the process set out in the Voluntary Assisted Dying Act 2021 (SA).
Tasmanian Government | Department of Health: Voluntary Assisted Dying.
Read an overview of voluntary assisted dying in Tasmania, and background on its implementation.
Queensland Government | Queensland Health: Voluntary assisted dying.
Read an overview of voluntary assisted dying in Queensland, and background on its implementation.
Victoria State Government | Department of Health: Voluntary assisted dying
Victorians who are at the end of their life and who meet eligibility criteria can ask for voluntary assisted dying.
Voluntary Assisted Dying Australia and New Zealand (VANDANZ): Voluntary Assisted Dying (VAD).
Voluntary assisted dying (VAD) allows patients with terminal illnesses to apply for access medications to end their lives.

Module references

The following are additional resources that participants may find useful to their studies.

Bollen J, Hempton C, Bhatia N, Tibballs J. Feasibility of organ donation following voluntary assisted dying in Australia: lessons from international practice. Med J Aust. 2023;219(5):202-205.
Close E, Del Villar K, Willmott L, White BP. Voluntary assisted dying and telehealth: Commonwealth carriage service laws are putting clinicians at risk. Med J Aust. 2021;215(9):406-409.
Del Villar K, White BP, Close E, Willmott L. Voluntary Assisted Dying by Practitioner Administration Is Not Suicide: A Way Past the Commonwealth Criminal Code?. J Law Med. 2022;29(1):129-141.[Access via Learn@ANZCA]
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Abstract
Five Australian States - Victoria, Western Australia, Tasmania, South Australia and Queensland - have now legalised voluntary assisted dying (VAD). These State legislative schemes intersect with provisions in the Criminal Code Act 1995 (Cth) (Commonwealth Criminal Code) which prohibit using electronic communication to counsel, promote, or provide instruction on "suicide". These provisions may prevent some conversations and assessments relating to self-administration of VAD occurring via telehealth, thereby restricting access for prospective VAD patients in regional and remote areas. However, as practitioner administration of VAD is not "suicide", the Commonwealth Criminal Code does not apply. The Commonwealth law creates the absurd result that the same conversation conducted via telehealth is illegal when contemplating VAD by self-administration, but legal when discussing practitioner-administered VAD. To avoid this, we advocate amending the Code to remove the inconsistency with state VAD laws. We also recommend State legislatures consider permitting greater access to VAD by practitioner-administered VAD.
Holmes A, Lange P, Stewart C, et al. Can depressed patients make a decision to request voluntary assisted dying?. Intern Med J. 2021;51(10):1713-1716.[Access via Learn@ANZCA]
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Keywords: assisted dying; capacity; depression.
Hunt RW. Voluntary assisted dying in Australia: emerging questions. Med J Aust. 2023;219(5):208-210.
Peisah C, Sheahan L, White BP. Biggest decision of them all - death and assisted dying: capacity assessments and undue influence screening. Intern Med J. 2019;49(6):792-796.[Access via Learn@ANZCA]
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Abstract
Arguably, deciding the timing and manner of one's death is the biggest decision of all. With the Victorian Voluntary Assisted Dying Act 2017 commencing in 2019, assessing capacity to choose Voluntary Assisted Dying (VAD) becomes a critical issue for clinicians in Victoria, and elsewhere with on-going efforts to change the law across Australia and in New Zealand. We consider how capacity assessment and undue influence screening can be approached for VAD, the role and risks of supported decision-making, and argue for the importance of training to ensure health care professionals are educated about their role.