Voluntary Assisted Dying Act
The Voluntary Assisted Dying Act 2021 was passed in Queensland Parliament in September 2021. Currently, it is undergoing an implementation period and is scheduled for operation from 1 January 2023.
The VAD Act allows for eligible Queensland residents to seek Voluntary Assisted Dying in circumstances relating to terminal illness and intolerable suffering. As per Queensland Health, 'The Act sets out a legal process for people who are suffering and dying from an advanced and progressive life-limiting condition the right to choose the timing and circumstances of their death.'
Read the VAD Act here.
More information is available on this VAD Queensland Health page.
End of Life and Advance Care
'In Queensland there are three ways you can record your choices for future health care':
- Advance Health Directive
- Enduring Power of Attorney - short form; long form
- Statement of Choices
End of Life and Advance Care planning are important aspects to managing health. Advance Care Planning Australia provides resources for people learning about advance care or wanting to prepare themselves for the future.
Other resources of interest to patients and medical practitioners include:
Queensland Health Site - Voluntary Assisted Dying
Queensland Voluntary Assisted Dying Handbook.
Voluntary Assisted Dying and using a carriage service
VAD AND THE LEGALITY OF USING A TELEPHONE OR INTERNET SERVICE: Although laws on VAD are a State responsibility, a hurdle to implementation has come from the Criminal Code Act 1995. This Act has led State governments to instruct health practitioners to avoid discussing or facilitating VAD via telephone or telehealth. Read the article by Katrine Del Villar, Elana Close, Rachel Hews and Qld Professors Lindy Willmott and Ben White.
Empowering older and frail people to make their own choices about end of life
Our Supporters
Doctors for Assisted Dying Choice
Christians Supporting Choice for Voluntary Assisted Dying
Reports
A legal framework for voluntary assisted dying in Queensland (4 page summary)
Voluntary Assisted Dying Draft Bill 2021
Queensland Parliamentary Report No. 34 – 56th Parliament (2020) Voluntary Assisted Dying
My Life My Choice 2020 Queensland State Election Report
Research
American Association of Suicidology (2017) “Suicide is not the same as ‘Physician aid in dying’”
International
Dying with Dignity Canada - Resources for Clinicians
Helpful Resources and Information
The below notes include weblinks which contain excellent information
A quick summary of the three inquiries held prior to the VAD Act being passed on 16 September 2021
The $171 million increase in funding for Qld palliative care services
Now that VAD is legal, is VAD considered in Advanced Health Directives? (No, Advance Health Directives do not currently incorporate VAD)
Is it legal for a VAD-trained health professional to consult with a patient seeking VAD by "using a carriage service" i.e. computer/ telephone etc? In 2005 through the federal Criminal Code Amendment (Suicide Related Materials Offences) Act made it illegal to facilitate suicide by using a carriage service. How is it enforced? What happens now that VAD is legal? (This is a legal grey area. Multiple Attorneys General of states that have passed VAD, including Qld, have written to the fed govt asking for the fed law to be amended to provide legal certainty to jurisdictions that have legalised VAD)
Could the VAD Act be repealed or watered down in the future? (Yes, it could absolutely be repealed or watered down by a future govt. The Qld LNP party platform opposes VAD)
showing an average of 84 suicides annually by Qlders with a terminal or debilitating medical condition – see the attached document.
Who will be eligible to access VAD in Qld?:
https://www.qlrc.qld.gov.au/__data/assets/pdf_file/0009/682038/QLRC-Flyer-4-page.pdf
What safeguards apply to the VAD Act?
Is there additional mandatory training for health professionals who wish to be involved in provision of VAD services? (Yes, absolutely – a mandatory training course is currently being developed)
Can a health professional refuse to be involved in provision of VAD services? (Yes, absolutely, conscientious objection is allowed under the Act)
How does an eligible person apply to access VAD
When does the law take effect (answer - on 1 January 2023)
What is being done during the current "implementation period" prior to the law taking effect
The VAD Care Navigator Service will be a good point-of-contact for anyone wanting more information about VAD, or who wishes to find a VAD-trained doctor and to apply to access VAD.
A VAD Review Board is being established and they will examine all applications for VAD, and all cases where a person used VAD, to ensure that the law has worked as intended and that there has been no abuse of the law. The Victorian VAD Review Board has released multiple reports which confirm that the Vic law is working exactly as intended and that the law has not been abused.
A review of the VAD Act will be held three years after the law takes effect.
The excellent Qld Health VAD Act information webpage
Submitted by Phil Browne, DWDQ Fraser Coast Coordinator.