Important milestones for VAD Acts in NSW and Victoria

2 minute read


In NSW, ‘cruel’ amendments are defeated, and in Victoria, barriers to access are removed.


Pro-VAD advocates will be pleased with the outcomes for two pieces of legislation up in front of the NSW and Victorian parliaments this week.

In NSW, a bill that would have restricted access to voluntary assisted dying for patients living in residential aged care was rejected by the Upper House to the tune of 23-16.

Dr Linda Swan, CEO of advocacy group Go Gentle, said it was a “heartening outcome”.

“The fact the bill existed at all proves the fight is never over to protect our hard-won VAD laws,” she said.

“Next year there will be a review of the VAD Act in NSW. We will stay vigilant.”

In Victoria, amendments to the Voluntary Assisted Dying Act 2017 passed the Parliament – bringing Victoria’s laws in line with some other states and the ACT, while keeping the existing safeguards in place.

The changes will take effect within 18 months and pave the way for more Victorians to access VAD without added barriers, improve clarity for practitioners, strengthen safety measures and make the system fairer and more compassionate.

Key updates to the legislation include:

  • Removing the “gag clause” so that doctors and some registered health practitioners are allowed to raise VAD with their patients during discussion about end-of-life care;
  • Requiring doctors and nurse practitioners who conscientiously object to provide minimum information to patients;
  • Extending the prognosis requirement (life expectancy limit for eligibility) from six months to 12 months;
  • Removing the need for a third prognosis for people with neurodegenerative diseases (like motor neurone disease) if their expected lifespan is between six and 12 months;
  • Introducing a new administering practitioner role to expand the workforce able to support VAD.

The amendments bring Victoria’s VAD legislation into line with some other states where they have been operating safely and effectively for several years, and do not go further than those in other jurisdictions.

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