More research is needed to ensure safe and unimpeded access for eligible applicants and to inform practice
We now have two years’ experience in providing voluntary assisted dying to terminally ill patients in Victoria. Western Australian legislation will come into force on 1 July 2021; Tasmanian legislation has received Royal assent, and the early stages of implementation are underway. The South Australian Voluntary Assisted Dying Bill has been passed by both Houses and may have been sent for Royal assent by the time this article is published. The Queensland Law Reform Commission report and draft bill1 were tabled in parliament on 18 May 2021; a bill is expected to be tabled in the New South Wales parliament in late 2021. There have been calls for the Commonwealth to repeal the Euthanasia Laws Act 1997 to reinstate Australian territories’ rights to debate voluntary assisted dying legislation.
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- 1. Queensland Law Reform Commission. Voluntary assisted dying review. May 2021. https://www.qlrc.qld.gov.au/recently-completed-reviews#VAD (viewed May 2021).
- 2. National Health and Medical Research Council. Archived grant opportunity view: GO4309. GrantConnect, 2 Sept 2020. https://www.grants.gov.au/Go/Show?GoUuid=c4f4fb0a-d551-3d14-8c4c-64c88301fdd4 (viewed May 2021).
- 3. Willmott L, White BP, Sellars M, Yates PM. Participating doctors’ perspectives on the regulation of voluntary assisted dying in Victoria: a qualitative study. Med J Aust 2021; 215: 125–129.
- 4. Voluntary Assisted Dying Review Board. Report of operations July‒December 2020. Updated Mar 2021. https://www.bettersafercare.vic.gov.au/reports-and-publications/voluntary-assisted-dying-report-of-operations-july-to-december-2020 (viewed May 2021).
- 5. Parliament of Australia. Criminal Code Act 1995 [No. 12, 1995]; here: ss. 474.29A, 474.29B. https://www.legislation.gov.au/Details/C2021C00132/Html/Volume_2 (viewed May 2021).
- 6. Oliver P, Jonquiere R, Wilson M, McLaren C. Providing legal assisted dying and euthanasia in a global pandemic: provider experiences and lessons for the future. World Federation of Right to Die Societies, updated Mar 2021. https://wfrtds.org/covid19report (viewed May 2021).
- 7. Victorian Civil and Administrative Tribunal (Human Rights Division). NTJ v NTJ (Human Rights) [2020]; VCAT 547 [VCAT reference no. H121/2020]. Updated 6 May 2020. http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2020/547.html?context=1;query=NTJ%20v%20NTJ%20(Human%20Rights);mask_path= (viewed May 2021).
- 8. Victorian Civil and Administrative Tribunal, YSB v YSB (Human Rights) [2020] VCAT 1396 [VCAT reference no. H424/2020]. Updated 10 Dec 2020. http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2020/1396.html (viewed May 2021).
- 9. Parliament of Victoria. Voluntary Assisted Dying Act 2017 [Act No. 61/2017]. https://www.legislation.vic.gov.au/in-force/acts/voluntary-assisted-dying-act-2017/004 (viewed May 2021).
- 10. Department of Health and Human Services (Victoria). Voluntary assisted dying model of care pathways for health services. Jan 2019. https://www2.health.vic.gov.au/Api/downloadmedia/%7B38D6AD67-02C1-4A97-A240-9D726C5D9D6A%7D#:~:text=This%20model%20of%20care%20resource,staff%20within%20the%20health%20service (viewed May 2021).
- 11. Voluntary Assisted Dying Review Board. Report of operations January‒June 2020. Updated Aug 2020. https://www.bettersafercare.vic.gov.au/publications/VADRB-january-to-june-2020 (viewed May 2021).
- 12. Waran E, Williams L. Navigating the complexities of voluntary assisted dying in palliative care. Med J Aust 2020; 213: 204–206.e1. https://www.mja.com.au/journal/2020/213/5/navigating-complexities-voluntary-assisted-dying-palliative-care
- 13. Cunningham M. “Discriminatory and unethical”: palliative care service criticised over failure to verify euthanasia deaths. Sydney Morning Herald, 17 April 2021. https://www.smh.com.au/national/discriminatory-and-unethical-palliative-care-service-criticised-over-failure-to-verify-euthanasia-deaths-20210415-p57jif.html#comments (viewed May 2021).
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