How voluntary assisted dying laws will work in NSW from today

Terminally ill people in New South Wales will be able to make a request to end their own lives from tomorrow.

Legislation paving the way for NSW to become the last state in the country to introduce voluntary assisted dying (VAD) was passed last year.

People with an advanced and progressive disease, illness, or medical condition that is expected to cause their death within six months (or 12 months for neurodegenerative diseases like motor neurone disease) can only access VAD if they meet all of the eligibility criteria.

The applicant must be at least 18 years old and either an Australia citizen, permanent resident or a resident of Australia for at least three years before making the first request.

They also must have lived in NSW for at least 12 months, unless an exception is granted.

They also must have decision-making capacity, the ability to choose to end their own life without coercion, and have an ongoing request to end their own life.

The patient must first request to end their life to a doctor, which can be their usual GP.

However, this request can only be considered by practitioners who have undertaken specialist VAD training.

If the practitioner does not have the appropriate training, an applicant can seek out a doctor with VAD training via the NSW Voluntary Assisted Dying Care Navigator Service.

The request must be approved or rejected within two days.

If a doctor accepts a request they become the coordinating practitioner, which means they will oversee the VAD process.

This doctor will be the first to assess whether a patient is eligible under the state’s laws.

If they approve, a second eligible doctor will undertake a consulting assessment. The first doctor must inform the patient about the VAD process, treatment and palliative care options.

If both doctors deem the applicant eligible for VAD, the patient then needs to complete a written declaration.

They can either self-administer or have a doctor or nurse give them the medication.

The coordinating doctor then applies for a voluntary assisted dying substance authorisation, which is granted by the Voluntary Assisted Dying Board.

If approved, the coordinating doctor sends a prescription for the VAD medication to an authorised supplier, who checks the prescription before issuing it. 

After death, a Medical Certificate of Cause of Death form is completed by the coordinating doctor.

The NSW Registry of Births Death and Marriages will issue the death certificate and it will not mention VAD.

The VAD scheme in NSW is broadly similar to laws in other states, with a few differences. 

In NSW, VAD can be raised by the patient or a medical practitioner in discussion. This is the same for Western Australia, Tasmania and Queensland. 

In Victoria and South Australia, practitioners cannot raise VAD as an option to patients.

Patients in NSW also have the option of either taking VAD medication themselves or can have a practitioner give it to them.

Victoria and South Australia require the patient to administer the medication themselves. If they cannot physically do so, a practitioner can administer it for them.

(ABC)

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