Flexible assisted dying laws have been introduced in the Australian Capital Territory (ACT) following the federal government’s earlier move to give the jurisdiction power to legislate over these matters. ACT Greens Leader Shane Rattenbury described the ACT’s Voluntary Assisted Dying Bill as a carefully planned model based on consultation with the community and the lessons learned from other states in Australia that have already implemented such laws. In December, the Labor government repealed restrictions preventing the ACT and Northern Territory from passing euthanasia laws with the Restoring Territory Rights Act 2022.
The voluntary assisted dying laws in the ACT will allow individuals over the age of 18 to choose to end their life if they have a progressive, advanced condition that is expected to be fatal or if they are experiencing intolerable suffering. They must also prove a one-year residency in the ACT or demonstrate a connection to the territory, while also maintaining decision-making capacity throughout the process. The assessment process involves multiple steps and is conducted by two independent and qualified health professionals.
In a departure from other jurisdictions, the ACT’s limited health resources allow nurses, social workers, and counselors to initiate discussions with patients about assisted dying. Notably, the bill also permits patients to consider assisted suicide even if they are not expected to die within the next 12 months.
Additionally, there are extra conditions set forth in the bill. Minimum standards ensure that patients cannot be denied access to voluntary assisted dying by organizations or individuals who object or cannot provide assistance. Those who object must provide written contact details for further care within two days and allow access or transfer to a facility where the treatment can be assessed safely. Criminal laws are in place to prevent unauthorized administration of assisted dying treatments and the inducement of individuals to revoke their request or self-administer the treatment.
The legislation was introduced on October 31 and will undergo committee review before being debated. It will take effect 18 months after passing, with a review scheduled three years later. The bill is expected to be passed in the first half of next year under a Labor-Green coalition.
ACT Greens Leader Shane Rattenbury expressed gratitude to the Canberrans who shared their painful personal stories of supporting loved ones through the end stages of life, stating that their policy has always been to give Canberrans the right to die with dignity. Minister for Human Rights Tara Cheyne assured the public that they are working quickly to provide a safe and accessible process for this additional end-of-life choice. She emphasized that the bill is about people, choice, autonomy, and dignity at the end of their lives.