Reported by: Christopher Noonan
Publish date: 26 Aug 2024

Problem Identification:
To be eligible to receive Voluntary Assisted Dying (VAD) in New South Wales, one must have been ordinarily resident in the state for at least 12 months, or be granted an exemption.
The New South Wales Voluntary Assisted Dying Act 2022 states that a patient is only eligible for VAD if, ‘the person has been ordinarily resident in New South Wales for a period of at least 12 months,’ but that a person, ‘may apply to the Board for an exemption’.
This requirement constitutes further administrative barriers for those patients hoping to receive VAD.
Context:
Solution Identification:
Advice:
Download the 1-page policy brief PDF here:
If your organisation would like to add your support to this paper please email Info@foreaustralia.com.
If you have any ammendment suggestions please reach out to Info@foreaustralia.com
Endorsed by:
Dr Katrine Del Villar
Public Support:
Katherine Waller
Dr Aidan Ricciardo
Dying with Dignity Victoria
Go Gentle Australia
Voluntary Assisted Dying Australia and New Zealand
Where to go to learn more:
Waller, K., Del Villar, K., Willmott, L. and White, B.P., 2023. Voluntary assisted dying in Australia: a comparative and critical analysis of state laws. https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2023/12/Issue-464-10-Waller-et-al.pdf
Go Gentle Australia, Submission to the Centre For Evaluation and Research Evidence at the Victorian Department of Health (Feb 2024). https://assets.nationbuilder.com/gogentleaustralia/pages/3000/attachments/original/1708908681/Final_-_GGA_submission_to_Vic_Review_-_Feb23.pdf?1708908681
Keane Bourke, “Voluntary assisted dying almost universally available in Australia, but residency requirements block some from accessing it” (Jul 2024). https://www.abc.net.au/news/2024-07-12/residency-requirements-blocking-access-to-vad/104050352
Lived Experience:
John’s Story: John was 73 when he was diagnosed with late-stage lung cancer in New South Wales. His condition progressed quickly, and he soon found himself with intolerable suffering that pain medications were unable to relieve. Doctors told John that he had less than six months to live, and that his suffering would only get worse. John felt passionately that he should have the autonomy to decide how his life should end, and asked his doctor to help him apply for Voluntary Assisted Dying. Part of this application process involved proving that John had been ordinarily resident in New South Wales for the last 12 months. Because John did not have a fixed place of residence, this proved to be especially difficult. Quickly, John became too ill to continue with the application process, and died in pain without having received VAD. This painful, undignified death could have been avoided if the application process for VAD was quicker, and if John was not required to prove his state-residency.
Reference list (name, date):
Cohen, I. G., Adashi, E. Y., & Pope, T. M. (2022). Traveling Across States for Prohibited Treatments: Medical Aid in Dying and Looming Battles Over Abortion. Journal of General Internal Medicine, 38. https://doi.org/10.1007/s11606-022-07898-3
Directorate, J. and C. S. (2023, February 7). Voluntary assisted dying laws in the ACT. Www.justice.act.gov.au. https://www.justice.act.gov.au/justice-programs-and-initiatives/voluntary-assisted-dying-laws-in-the-act
First request patient information guide Voluntary assisted dying. (n.d.). https://www.health.nsw.gov.au/voluntary-assisted-dying/Publications/first-request-patient-guide.pdf
Go Gentle Australia. (2024). Submission to the Victorian review of the operation of the Voluntary Assisted Dying Act 2017.https://assets.nationbuilder.com/gogentleaustralia/pages/3000/attachments/original/1708908681/Final_-_GGA_submission_to_Vic_Review_-_Feb23.pdf?1708908681
K, W., K, D. V., L, W., & BP, W. (2023). Voluntary assisted dying in Australia: a comparative and critical analysis of state laws. UNSW Law Journal , 46(4).
Keane, B. (2024, July 11). Voluntary assisted dying almost universally available in Australia, but residency requirements block some from accessing it. ABC News. https://www.abc.net.au/news/2024-07-12/residency-requirements-blocking-access-to-vad/104050352
May, N., & Luca Ittimani. (2024, August 11). Too complex, too late: the guardrails acting as roadblocks to voluntary assisted dying across Australia. The Guardian; The Guardian. https://www.theguardian.com/australia-news/article/2024/aug/12/too-complex-too-late-the-guardrails-acting-as-roadblocks-to-voluntary-assisted-dying-across-australia
NSW Voluntary Assisted Dying Board - Voluntary assisted dying. (2024). Nsw.gov.au. https://www.health.nsw.gov.au/voluntary-assisted-dying/Pages/board.aspx#:~:text=seekers%20and%20refugees.-
Submission to the Centre for Evaluation and Research Evidence at the Victorian Department of Health. (2024). Dying with Dignity Victoria . https://www.dwdv.org.au/wp-content/uploads/2024/02/DWDV-submission-to-Victorian-VAD-5-Year-Review.pdf
Voluntary assisted dying exemptions. (2021). Qld.gov.au. https://www.qld.gov.au/health/support/voluntary-assisted-dying/explained/exemptions
Vermont Ethics Network (n. d.). Medical Aid in Dying, Act 39: Patient Choice and Control at the End of Life. www.vtethicsnetwork.org https://vtethicsnetwork.org/palliative-and-end-of-life-care/medical-aid-in-dying-act-39#:~:text=In%20May%20of%202023%2C%20Vermont,in%20which%20they%20legally%20reside.
Voluntary Assisted Dying Act, 2022 (NSW).
Voluntary Assisted Dying Australia and New Zealand. (2024). Submission to Review of the operation of the Voluntary Assisted Dying Act 2017 (Victoria). https://www.vadanz.com.au/content/uploads/VIC-VAD-Review-VADANZ-submission.pdf
Voluntary assisted dying (VAD) in the Northern Territory | Have Your Say Northern Territory. (n.d.). Haveyoursay.nt.gov.au. https://haveyoursay.nt.gov.au/vad
Voluntary Assisted Dying Review Board. (2020). Report of operations. Safer Care Victoria .
White, B., Jeanneret, R., Close, E., & Willmott, L. (2023). Access to voluntary assisted dying in Victoria: a qualitative study of family caregivers’ perceptions of barriers and facilitators. The Medical Journal of Australia, 219(5). https://doi.org/10.5694/mja2.52004
Conflict of interest / acknowledgment statement:
N/a

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