ACT Grants Nurses and Counsellors the Authority to Initiate Euthanasia Discussions with Terminally Ill Patients

Flexible assisted dying laws have been introduced in the Australian Capital Territory (ACT) following the federal government’s earlier move to give the jurisdiction power to legislate over these matters.

“The ACT’s Voluntary Assisted Dying Bill is a carefully planned model based on consultation with the community and lessons learned from all six states in Australia, which have already brought in voluntary assisted dying laws,” said ACT Greens Leader Shane Rattenbury.

Restrictions preventing the ACT and Northern Territory from passing euthanasia laws were repealed in December by the Labor government with the Restoring Territory Rights Act 2022.

The voluntary assisted dying laws will allow people over the age of 18 to end their life if they have a condition that is progressive, advanced, and expected to cause death, or they are suffering intolerably. 

Those seeking to use assisted dying laws will also have to prove they have lived in the ACT for a year or prove a connection to the territory, and will have to maintain the ability to make decisions throughout the process.  

In line with other jurisdictions, individuals must undergo a multi-step request and assessment process, with the assessment conducted by two independent and qualified, trained, and authorised health professionals, the government said in a press release. 

Considering the ACT’s limited health resources, nurses, social workers, and counsellors have been given the power to initiate discussions with patients about ending their life—a departure from the approach of other jurisdictions.

Another major point of difference is the bill will allow patients to consider assisted suicide even if they are not predicted to die within the next 12 months.

Extra Conditions to Euthanasia

Minimum standards will assure patients will not be refused access to voluntary assisted dying from organisations or individuals that object, or cannot assist. 

Those objecting must also provide written contact details for further care within two days, according to a report by the AAP. 

They must also allow access for help with assisted dying or provide a transfer to a facility where the treatment can be assessed without causing harm. 

Criminal laws will prevent people from administering assisted dying treatments without authorisation, along with preventing people from inducing a person to revoke a request or take the treatment themselves. 

After being introduced on Oct. 31, the legislation will go to committee before being debated and will take effect 18 months after passing, with a review three years later.

The bill is expected to pass in the first half of next year under a Labor-Green coalition.

Mr. Rattenbury says giving Canberrans the right to die with dignity has been their policy for years.

“We want to thank every Canberran who has shared with us their painful personal stories of supporting loved ones through the final weeks, months, or years of their life.”

While introducing the laws, Minister for Human Rights Tara Cheyne assured the public they were working as quickly as possible to “provide a safe and accessible process for this additional end-of-life choice.” 

“We know that even with the best end-of-life care, some Canberrans with an advanced condition, illness, or disease experience can experience intolerable suffering near the end of their lives,” said Ms. Cheyne. 

“Ultimately, this is a bill about people, and choice, autonomy, and dignity at the end of their lives.”