As of 3 November 2025, people in the ACT who have a medical condition that is terminal and causing suffering will be able to choose to end their lives. The Voluntary Assisted Dying (VAD) Act sets out the rules which will apply.

Who is eligible?

In order to be eligible for VAD, a person must:

  • be diagnosed with a condition that is advanced, progressive and expected to cause death; and
  • be suffering intolerably as a result of that condition.

There are many factors set out in the Act which determine whether a person’s medical condition fits the criteria – eg, their quality of life has declined and will not improve, the usual treatment is ineffective, the person is approaching the end of their life (even if it may not happen within the next 12 months).

The person must be an adult and have lived in the ACT for at least 12 months (although exemptions apply for people who have a ‘connection’ to the ACT).

Who can decide?

Importantly, the person must have decision-making capacity in relation to making a decision about VAD. They must be able to decide about using VAD on their own – they cannot rely on family members, friends or anyone else to make the decision. The person must also decide voluntarily, without pressure or coercion from others.

An attorney (who has been appointed by the person in an Enduring Power of Attorney) cannot make a decision about VAD for the person.

Such decision-making capacity must exist in the person at every stage of the process and will be assessed at every stage.

What is the process?

This is an overview of how the VAD process will work:

  1. The person makes a First Request to their doctor or nurse practitioner. The request must be clear, unambiguous and made personally (that is, a request cannot be made by anyone other than the person who is ill).
  2. The co-ordinating practitioner assesses the person to consider whether they are eligible under the VAD legislation.
  3. A second assessment is done by a different health professional, who is the consulting practitioner. (At least one of the co-ordinating or consulting practitioners must be a medical doctor.)
  4. If eligibility is agreed by the two practitioners, the person makes a Second Request, which must be in writing.
  5. The person makes a Final Request to their co-ordinating practitioner, who conducts a final assessment.
  6. If the final assessment confirms that the person is eligible to proceed, then arrangements are made to administer the medication that will cause the death of the person.

A person may discontinue the process at any time they choose. Even if they have filled a prescription and it is ready to administer, the person may choose to do nothing more.

Administration of substance

The co-ordinating practitioner will prescribe one or more substances that are sufficient to cause the person to die. The prescription can be given to either the person, their contact person or to the administering health practitioner).

The person decides who they would like to administer the substance and how that will happen. They can choose either:

  • To ask a health practitioner to administer the substance to them; or
  • To self-administer the substance.

If they choose to self-administer, the person appoints a contact person who assists them. The contact may (for example) collect the prescription and give it to the person or prepare a substance in order that the person themselves can self- administer it. The contact person does not administer the substance, the person themselves must take that final step to administer it.

If a person dies as a result of taking the prescribed substance, their death certificate will show that the cause of their death was their disease. It will not show that ‘VAD’ or ‘suicide’ was the cause of their death.

How long does it take?

It is very difficult to say how long the VAD process will take from the time of the First Request to the administration of a substance. It will depend on many factors – eg. how complex the assessments are, whether medical practitioners are available for urgent appointments, the location of a person in relation to those practitioners.

Safeguards

There are many safeguards built into the process, to ensure that VAD is managed, monitored, applied according to the law and that ill and vulnerable persons are protected from harm. Those safeguards include:

  • At each stage of the process, health practitioners are required to assess a person’s capacity to decide for themselves about VAD. They will be particularly alert to any suggestion of coercion or pressure from other people.
  • The practitioners must not be related to the person in any way, nor stand to benefit financially from them.
  • If another person is found to have induced or coerced a person into making a VAD request, they commit a criminal offence and may be imprisoned for up to 7 years.
  • If a practitioner has a conscientious objection to participating in the VAD process, they may refuse to act as a co-ordinating or consulting practitioner, or to supply or administer a substance. Similarly, health facilities can refuse to allow their facilities to be used when VAD-related processes take place. Such practitioners or facilities are, however, required to advise the person of alternative practitioners or facilities.
  • Practitioners will be required to put into a person’s health record every step in the process. They must also provide reports of requests, assessments, administration of substances etc to the Voluntary Assisted Dying Oversight Board.
  • If practitioners or other participants do not comply with requirements under the Act, they are liable to fines.
  • Where a decision is made under the Act, then an affected person may apply to have that decision reviewed by the ACT Civil and Administrative Tribunal.

MV Law Canberra

Ph: (02) 6279 4444

Email: info@mvlaw.com.au