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Death is a part of life: Legislation on Voluntary Assisted Dying introduced in NSW

The Bugle App

Brooke Pittman

06 March 2024, 11:14 PM

Death is a part of life: Legislation on Voluntary Assisted Dying introduced in NSW

This article contains discussions of end-of-life care, voluntary assisted dying (VAD), and related medical processes. Content may be sensitive and emotionally challenging for some readers. Reader discretion is advised.


Voluntary Assisted Dying (VAD) has been legal in NSW since 28 November 2023. It stands as an option for individuals grappling with intolerable symptoms at the end of life. This legislation marks a significant milestone in the state’s approach to holistic healthcare. 


NSW is the last state in Australia to approve legislation of this kind, following in the footsteps of Victoria who was first to commence in 2021 with Western Australia, South Australia and Queensland following suit. 



In the last month, the Illawarra Shoalhaven Compassionate Communities and the NSW Government worked together to provide information sessions in Kiama to facilitate understanding and education about the new legislation.


The ‘ask anything’ sessions gave members of the community the opportunity to come and discuss the topic in a confidential and respectful environment. 


Key points discussed during the sessions include the voluntary and person-centric nature of the process. VAD complements the right to high-quality palliative care and also the importance of informed consent when making decisions about a person’s own medical care.


There is a lot of information on legislation and the safeguards in place to ensure the process of voluntary assisted dying is conducted ethically and safely. There are several requirements for the multiple medical assessments, clear eligibility criteria and strict procedures for administering the medication. 



The process involves several medical practitioners who follow the patient through their end-of-life care, conducting the assessments and steps required. Healthcare professionals who are involved in the process undergo specialised training to ensure they understand the legal and ethical implications of the process. 


NSW typically provides support services for patients considering VAD, as well as their families and carers. These services may include counselling, information about alternative options and assistance with accessing palliative care or other forms of support. The support follows the patient and their family from the beginning until the end.


There is a structured 11-step process that is required to receive the end-of-life medication. There are a series of assessments, consultations and waiting periods. The initial request starts the process when a patient expresses their wish to access VAD medication. The request must be clear and unambiguous. Following this there are several assessments and waiting periods that take place before the medication is dispensed. There are several ways the medication can be administered, all depending on the patient and their wishes. 


This decision is highly sensitive and intimate and takes place during an extremely vulnerable time in life. Overall, the legalisation of Voluntary Assisted Dying in NSW marks a significant milestone in providing end-of-life options for those facing intolerable suffering, ensuring dignity and autonomy in their final moments. 



The legislation says the cause of death resulting from VAD is not recorded as suicide but attributed to the existing condition the individual is suffering from. This guarantees the decision to pursue VAD gives individuals a sense of empowerment and control over their circumstances. It’s a personal process that is extremely sensitive and unique to the individual. 


Many legal and ethical considerations are in place throughout VAD legislation in NSW to address legal and ethical considerations, such as protecting the rights of healthcare professionals who object to participating in the process, and ensuring that patients are fully informed about their options and rights. 


There is a wealth of information on Voluntary Assisted Dying available here.


Compassionate Communities also host a ‘death cafe’ meeting each month. The next one is set for 18 April at Kiama Library and encourages people to come for an open discussion about death.