Voluntary Assisted Dying Bill Passed

THIS week, we take a break from the usual format of this column to address the recent passing of the Voluntary Assisted Dying Bill, which has been of interest to many of my clients.

Although the Bill has been passed, voluntary assisted dying or VAD, is not yet available in New South Wales and is subject to an eighteen-month implementation period.

After decades of debate, the passing of the Bill brings New South Wales in-line with all other states.

The ACT and Northern Territory, who are governed by Commonwealth legislation, are yet to adopt the voluntary assisted dying measures.

To meet the NSW criteria, the person must be an adult, with decision-making capacity who is suffering from an advanced illness that, on the balance of probabilities, will cause death within six months, or twelve months for neuro degenerative conditions.

The criteria needs to be assessed in detail by two senior doctors who have completed an approved training program.

The training will address knowledge of the law, assessing decision-making capacity, identifying coercion and cover the necessary clinical skills.

There is however no requirement that all doctors receive VAD training and doctors are free to exercise “conscientious objection”.

The Bill creates restrictions regarding health care workers initiating discussions about VAD.

The Bill also sets-out a process which involves a person making a “first request”, a medical practitioner accepting or refusing the request, rigorous “first” and “consulting” assessments, a written declaration in the presence of two witnesses, a “final request” and a “final review”.

Once implemented, the legislation will allow the person to take the medication themselves or have the medication admitted by a health practitioner.

Over the next eighteen months, medical practitioners and health professionals will need to receive the appropriate training and the public will need to be educated in relation to the availability of the scheme, the process that is involved and the difference between VAD and palliative care.

The introduction of VAD represents a challenge to traditional medical practice and access to VAD will depend on the willingness and availability of doctors to participate.

Email Manny Wood at manny@tblaw.net.au or call him on (02) 66 487 487.

By Manny WOOD, Solicitor