Australian Citizens and Permanent Residents Can Use Assisted Dying; Waiting Period Drops to 48 Hours; Fines for Health Providers Who Refuse Care
Voluntary Assisted Dying Amendment (Equity and Access) Bill 2024
Private Member's BillLegislative Council
Legislative Assembly
Assent
Introduced by: Sarah Mansfield MLC (GRN)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
People can now access voluntary assisted dying if they are an Australian citizen or permanent resident. People who do not meet these criteria can apply to the Voluntary Assisted Dying Review Board for an exemption.
The residency requirement is removed, meaning people no longer need to live in Victoria to access voluntary assisted dying.
Nurse practitioners can now receive a person's first request for voluntary assisted dying.
Medical practitioners can only accept a first request or a referral for voluntary assisted dying if they have specialist registration and have practised as a specialist for at least one year.
The waiting period between a person's first request and their final request is reduced from 9 days to 48 hours.
A person can choose whether they self-administer the voluntary assisted dying substance or have their co-ordinating practitioner do it. They no longer need to prove they have lost the physical capacity to self-administer to get a practitioner administration permit.
The co-ordinating practitioner must consult the person, with a witness present, to decide the method of administration. The practitioner must record this in the medical records and tell the Voluntary Assisted Dying Review Board within 4 days.
Medical and nurse practitioners can start conversations about voluntary assisted dying with a person while providing care, provided the person understands their treatment and palliative care options.
Health service providers can be fined 60 penalty units (2026: $12,546) if they withdraw or refuse health services because a person has requested information about or access to voluntary assisted dying.
Registered health practitioners who object to voluntary assisted dying on conscientious grounds can no longer refuse to provide information about it.
The Voluntary Assisted Dying Review Board can now review decisions made by practitioners who find a person ineligible for the service.
The Victorian Civil and Administrative Tribunal (VCAT) can now review a practitioner's decision about whether a person has the decision-making capacity to access voluntary assisted dying.
Health practitioners face penalties for making false statements, falsifying records, or failing to comply with an administration permit. These rules now apply to all practitioners, not just medical practitioners.
Registered health practitioners and their employers must tell the Australian Health Practitioner Regulation Agency if they suspect another practitioner is providing voluntary assisted dying services in a way that breaks the law. Any person can also report such suspicions.
Practitioners cannot certify the voluntary assisted dying process if specific requirements are missed. These include: the practitioners not having completed approved training; the lack of two witnesses for the declaration; the final request being made too soon after the consulting assessment; or the failure to appoint a contact person.