Voluntary assisted dying is now available in all Australian states. How do the NSW laws compare?
- Written by The Conversation
From today, eligible people in New South Wales can ask for voluntary assisted dying.
NSW is the last Australian state to have its voluntary assisted dying laws begin. These laws come into effect following an 18-month implementation period.
Here is who’s eligible to request voluntary assisted dying in NSW and how its laws compare with those in other Australian jurisdictions.
Who’s eligible in NSW?
To be eligible for voluntary assisted dying in NSW, a person must:
be an adult with decision-making capacity
be an Australian citizen, permanent resident or a resident of Australia for at least three continuous years
have lived in NSW for at least 12 months (unless granted an exemption)
be experiencing suffering that cannot be relieved in a way the person considers tolerable
have a condition that is advanced, progressive and will cause death within six months (or 12 months for neurodegenerative diseases)
be acting voluntarily without pressure or duress.
How do these new laws differ from other states?
Australian voluntary assisted dying laws are lengthy and tightly regulate the request and assessment process.
A person must make at least three separate requests for voluntary assisted dying, and their eligibility must be assessed by at least two specially trained doctors. The process is overseen by a voluntary assisted dying board (or commission).
The new laws largely follow the Australian model of voluntary assisted dying, but key differences exist. In NSW:
people can choose between taking the medication themselves or having the medication administered by a qualified health professional. In other states, administration by health professionals is more limited
all health-care workers (not just for example, doctors and/or nurse practitioners depending on the state) can raise the option of voluntary assisted dying with the person, provided they also inform the person about palliative care and other treatment options
nurse practitioners can administer the medication (they cannot in Victoria and South Australia). However, nurses cannot administer it (they can in Tasmania and Queensland)
non-participating facilities have obligations to facilitate access, including allowing health professionals to enter the facility to provide information. Residential facilities must also allow health professionals to attend to assess for eligibility or administer the medication. In other cases, facilities may be required to transfer the person elsewhere for this to occur. (These obligations do not exist in Victoria, Tasmania and Western Australia)
the usual waiting period between first and final requests for voluntary assisted dying is five days (compared with seven days in Tasmania and nine days in other states).
Read more: What happens if you want access to voluntary assisted dying but your nursing home won't let you?
What’s happening elsewhere?
Since 2019, all Australian states have progressively introduced voluntary assisted dying. Each state must review their laws after a fixed period, and some states have already started doing so.
Victoria and Western Australia
Victoria was the first state to introduce voluntary assisted dying laws, which became operational in June 2019. In the first four years, 912 people died through voluntary assisted dying.
Western Australian laws have been in effect since July 2021. In its first two years of operation, 446 people died through voluntary assisted dying.
Both states have started to review their laws.
Read more: Voluntary assisted dying will begin in WA this week. But one Commonwealth law could get in the way
Tasmania, Queensland and South Australia
Tasmanian laws have been operational since October 2022, with 16 people dying through voluntary assisted dying in the first six months. These laws are scheduled to be reviewed after October 2025.
Queensland and South Australian laws commenced in January 2023. In Queensland, 245 people died in the first six months through voluntary assisted dying. In South Australia, 70 people died in the first eight months.
Queensland laws will be reviewed in 2026 and South Australia’s will be reviewed in 2027.
Australian Capital Territory and Northern Territory
The territories were previously prevented from passing voluntary assisted dying laws by a federal law, which has now been repealed.
In 2023, the Australian Capital Territory introduced a voluntary assisted dying bill into parliament. The Northern Territory has established a panel to make recommendations, and community consultation has begun.
Passing laws does not guarantee access
Early research and reports from oversight bodies suggest voluntary assisted dying laws are safe, but have reported a range of barriers to access.
Some of the barriers are specific to a specific state’s law. Other barriers have been reported across states. Barriers include:
While some barriers may be addressed at the state level, others will require reform at the federal level (for example, telehealth restrictions and inadequate remuneration).
