Voluntary Assisted Dying Law Coming into Force – 19 June
* 4 June 2019 *
On 19 June this year, Victoria’s new Voluntary Assisted Dying legislation comes into force, the first of its type in Australia.
Passed into law in November 2017, the new legislation takes effect this month. It permits a person in the late stages of advanced disease to take medication prescribed by a doctor that will bring about their death at a time they choose.
Conditions
This choice is only permitted for people who meet the conditions, and the legislation sets out the process for requesting and accessing the medication needed for voluntary assisted dying.
To access voluntary assisted dying, the person must have an advanced disease that will cause death, that is causing them unacceptable suffering, and is likely to cause death within six months, or twelve months for neurodegenerative diseases. They must also have the ability to make the decision and communicate it, as well as being over 18, having lived in Victoria for at least 12 months, and be an Australian citizen or permanent resident.
In addition to these conditions, the law requires that the person’s decision is voluntary, consistent and fully informed.
Safeguards
The ministerial advisory panel on voluntary assisted dying details 68 safeguards, looking at eligibility, medication management, practitioner protection, reporting and oversight.
Voluntary assisted dying is only available to people who have decision-making capacity at the time of the request. It is therefore not possible to include it in an Advance Care Directive. Nor can a person’s carer, family, friend or other support person ask for it for them, including their medical treatment decision-maker. The request must go to the person’s doctor. Doctors are not permitted to suggest that a person seeks voluntary assisted dying and there are safeguards to ensure that the person is not being pressured by anyone and that the request is coming voluntarily and consistently from them.
People with a disability, a mental illness or dementia have the same right to ask for voluntary assisted dying as others in the community. However, having any of these conditions is not sufficient reason to access voluntary assisted dying: like anyone else, they must meet all of the conditions, and must have the ability to make and communicate their decision.
“We live in a time where progress in medical treatment is continuing to make leaps forward,” says Lee-Anne Suryn, General Manager Aged Care Services. “But of course, there are times when no further treatment is possible. Whatever the situation, end of life discussions, by their nature, are very difficult for us all.”
The Role of Palliative Care
A concern raised by opponents to the law was that voluntary assisted dying may be considered as a solution to unbearable pain, instead of seeking care to make the person comfortable.
End of life care is the care that the person (and their families) receive when they are aware that their life may be nearing its end. Palliative care is more specialised care for those who are terminally ill to help relieve symptoms and provide emotional, spiritual, practical and cultural care.
Lee-Anne: “In Australia, end-of life and palliative care are very advanced, and we believe that in the majority of situations, good end-of-life care can ensure that the person is comfortable and that family and friends are cared for, by staff who have expertise, knowledge and experience.
“According to Dr Judi Greaves, Chair of Palliative Care Victoria, ‘The majority of people want to die naturally, with dignity and in comfort, receiving high quality care and support from their carers.’ In our residential and home care services, this is what we offer, and will continue to offer, to those needing it.”
As 19 June approaches, we anticipate discussion of the new law and media focus on specific situations.
“This is a topic that is hard to discuss without emotion,” says Janna Voloshin, CEO. “If you have any concerns, please speak to the relevant manager, or you can read more online.”
More information: