Voluntary Assisted Dying (Victoria): What you need to know

Given the significance of the decision to partake in voluntary assisted dying, specific safeguards and protections have been mandated to ensure that the voluntary assisted dying process is as safe as possible.

Eligibility

In order to request access to voluntary assisted dying, to be eligible a person must first satisfy the following criteria:

1. The person must be aged 18 years or older,
2. The person must be an Australian citizen who is ordinarily a resident in Victoria and, at the time of making their first request, have been ordinarily resident in Victoria for at least 12 months,
3. The person must have decision-making capacity, and
4. The person must be diagnosed with a disease, illness or other medical condition that is:

• incurable,
• causes suffering that cannot be relieved in a manner the person considers tolerable, and
• is expected to cause death within a period not exceeding 6 months (or 12 months for neurodegenerative diseases, illnesses or conditions).

A suitably qualified doctor will be responsible for determining whether a person is eligible to request access to voluntary assisted dying. This is known as the ‘first request’.

Access

If the suitably qualified doctor determines that the person is eligible, the process must then be repeated with a second suitably qualified doctor, known as the ‘second request’.

At this stage, if the person wishes to proceed, they must make a written declaration, confirming that they are making a voluntary, informed decision to access voluntary assisted dying.

A ‘final request’ must then be made to the original doctor, who will apply for a permit to prescribe the medication that the person may administer to end their life.

Medical Practitioners rights and obligations

Doctors and health care providers are not obliged to participate in the voluntary assisted dying process. Those who elect to take part in the program must first complete the mandatory voluntary assisted dying training, prior to conducting an eligibility assessment.

A doctor who is treating a voluntary assisted dying patient must be careful to adhere to the relevant laws, noting in particular that a medical practitioner (or any other person) must not administer the medication to an eligible person (unless the person is physically unable to do so themselves). The penalties for doing so can be severe, potentially resulting in life imprisonment.

How can Sharrock Pitman Legal assist me?

If you have any further queries regarding Voluntary Assisted Dying or the Voluntary Assisted Dying Act, please get in contact. Our wills and estates team can help guide you through any queries you may have regarding this process. Call our Wills and Estates team on 1300 205 506‍ or fill in the form below.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

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