The following should not be relied upon as legal advice and is for general use only.
As of November 28, 2023, eligible individuals in New South Wales have the option to choose Voluntary Assisted Dying (VAD), marking a significant milestone in patient care and autonomy. The legislation guiding VAD is the Voluntary Assisted Dying Act 2022 (NSW) (the Act). This guide offers essential information for those considering this option, ensuring clarity and support throughout the process.
Understanding Voluntary Assisted Dying
Voluntary Assisted Dying allows an eligible person facing terminal illness and intractable suffering to make a dignified and informed choice about the end of their life. It's a process defined by compassion, respect, and stringent safeguards to ensure voluntary and well-considered decisions. Under section 12 of the Act, VAD does not constitute as death by suicide, nor does it constitute as an attempt by the patient to cause serious physical harm to themself for the purposes of the Mental Health Act 2007 (NSW).
Eligibility Criteria
To be eligible for VAD, individuals must meet several criteria:
Adult status (18 years or over);
Australian citizenship or permanent residency, with a significant connection to NSW;
Diagnosis of an advanced and terminal illness expected to lead to death within six months (or 12 months for neurodegenerative diseases);
Suffering that cannot be alleviated to a tolerable level;
Full decision-making capacity regarding VAD; and
A voluntary and enduring request for VAD.
What is “decision-making capacity”?
Section 6 of the Act sets out the requisite decision-making capacity of patients. Patients must have the capacity to:
(a) understand information or advice about a voluntary assisted dying decision required under this Act to be provided to the patient, and
(b) remember the information or advice referred to in paragraph (a) to the extent necessary to make a voluntary assisted dying decision, and
(c) understand the matters involved in a voluntary assisted dying decision, and
(d) understand the effect of a voluntary assisted dying decision, and
(e) weigh up the factors referred to in paragraphs (a), (c) and (d) for the purposes of making a voluntary assisted dying decision, and
(f) communicate a voluntary assisted dying decision in some way.
For the purposes of the act, the patient is presumed to have the capacity to understand information or advice about VAD if it reasonably appears that the patient is able to understand an explanation of the consequences of making the decision. The patient is presumed to have decision making capacity in relation to VAD unless the patient is shown not to have the capacity.
The VAD Process: A Step-by-Step Overview
The VAD journey involves several carefully structured steps:
Initial Request: The individual expresses their wish to pursue VAD to a healthcare practitioner.
Assessments: Two independent medical assessments confirm the individual's eligibility.
Written Declaration: The person formally declares their request in writing.
Final Request: A conclusive request is made, reaffirming the individual's intention.
Medication Decision: The individual decides on the method of medication administration.
Prescription and Administration: Following official authorization, the medication is prescribed, provided, and administered according to the individual's choice.
Can I make provision or request VAD in my Enduring Guardian or Enduring Power of Attorney?
No; Under section 184 of the Act, VAD is not a matter which apply to, or for which provision may be made under an instrument under, the Guardianship Act 1987 or Powers of Attorney Act 2003.
Support and Resources
Recognizing the profound nature of this decision, a range of support services is available:
The NSW Voluntary Assisted Dying Care Navigator Service offers guidance and assistance throughout the process.
Interpreting services ensure clear communication for all individuals.
Palliative care and other end-of-life options remain available to ensure comprehensive care.
Making an Informed Choice
Choosing VAD is a deeply personal and significant decision. Information in this article has been obtained from NSW Health, and the Act. For further information, please contact us, your medical practitioner, or visit the NSW Health website.
Comments