INCONSISTENT VAD LAWS, LANGUAGE CONCERNING HENRY ZWARTZ, UNSW SYDNEY
A
ll Australian states now have voluntary assisted dying (VAD) laws — although some won’t come into effect until late 2023 — and whilst this is welcomed by VAD advocates, many are
concerned about discrepancies and inconsistencies in the language and laws between states. Marc De Leeuw, ethics and biolegality expert at UNSW Law & Justice expressed concern over inconsistent laws and language concerning VAD in Australia. “The definition of what is an ‘irreversible medical condition’, what is ‘incurable’ and what is ‘progressive’ — these are all terms that need grappling with,” he said. There are also inconsistencies between the guidelines for accessing VAD in each state. In Queensland, for example, disease must be expected to cause death within 12 months before VAD can be initiated, whilst in NSW, disease must be expected to cause death within six months, unless it is neurodegenerative — in which case the time frame is 12 months. The Australian Capital Territory and the Northern Territory do not yet have VAD laws. In all states, in line with international norms, only the dying individual can request VAD and must have decision-making capacity throughout the process, but De Leeuw highlighted challenges with this ruling since some patients are on such strong medication at the end of life that they are unable to make decisions.
DYING WHILE WAITING FOR VOLUNTARY ASSISTED DYING Advocates for the choice to engage in VAD agree that discrepancies in the time frames for access to VAD in Australia, among a host of other challenges, can lead to people dying in pain before the assisted death is achieved. Shayne Higson, CEO of Dying with Dignity New South Wales, a voluntary assisted dying advocacy and support organisation, said she would welcome universal legal language with the implementation of VAD laws. “In a perfect world, it would probably be easier for all concerned if all the Australian VAD laws shared the same terminology; however, we feel there are more important inconsistencies that perhaps could be rectified before the language,” she said. Higson said the six-month bar for accessing VAD in some jurisdictions meant some people died before the process was resolved. “This narrower window of opportunity for someone to request VAD and the complex and time-consuming assessment process has resulted in some applicants dying before they access VAD,” she said.
DOCTORS IN SHORT SUPPLY Dying with Dignity said a shortage of doctors doing VAD training was restricting the number of doctors available to assess requests for VAD.
36 AGED HEALTH - NOVEMBER 2022
www.agedhealth.com.au
