Voluntary assisted dying in New South Wales

New South Wales passed a voluntary assisted dying (VAD) law in May 2022. After an 18 month implementation period, VAD will be available in NSW from Tuesday, 28 November 2023.

To use the law, a person must:

Be diagnosed with at least one disease, illness, medical condition that:
- is advanced, progressive and will cause death within 6-12 months
- is causing suffering that cannot be relieved in a manner the person finds tolerable
Have decision-making capacity in relation to VAD
Be acting voluntarily and not because of pressure or duress from another person
Be aged 18+
Be an Australian citizen or permanent resident who has lived in NSW for at least 12 months
Have an enduring request for VAD.

How can I learn more about voluntary assisted dying in NSW?

Ask your doctor. This could be your GP or another specialist. In NSW, unlike in some other states, medical practitioners and health care workers can initiate discussions about VAD as long as they inform you about available treatment options and palliative care at the same time. If your doctor can’t help you (they may not have completed the mandatory training or they may not want to be involved, known as “conscientious objection”) you are entitled to look for another doctor who is willing to help.
Contact NSW Voluntary Assisted Dying Care Navigator Service. They are trained health professionals who can guide you through the VAD process and answer any questions you may have. You can contact them via email at [email protected] or call toll free on 1300 802 133.

Useful tips

You do not need to wait for your doctor to mention VAD to you. You can raise it with them directly. However, you must do this yourself - nobody can do it for you. This makes it clear that you are acting of your own free will and no-one is trying to influence you.
If the first doctor you speak to cannot help you (if they are not trained or they have opted out of voluntary assisted dying, known as “conscientious objection”), you are well within your rights to seek another doctor’s opinion.
To avoid stress and delays, start early. The process can take weeks as you must make three separate requests, be assessed by two doctors and there may be extra appointments if there are questions about your eligibility.
Prepare your documents. As part of the VAD application process, you'll need to provide documents that prove your age, residential status, and medical condition. Take a look at this checklist or speak to your doctor/care navigator for more information.
In some exceptional cases, an application for VAD can be processed more quickly if, for example, there is a risk you might die before the assessment process is finished. Ask your doctor and care navigator if you think this might apply to you.
If you live in a rural, regional or remote part of the state, there may be additional support available to help you access VAD services. Contact NSW Voluntary Assisted Dying Care Navigator Service for more information.
If you live in an aged care facility or retirement village as a permanent resident, you are responsible for your own health and medical care, the same as when you live in your own home. This means you can choose voluntary assisted dying, regardless of the policy of the facility or village management. If you are not a permanent resident, the facility or village will need to facilitate your request for voluntary assisted dying, either onsite, or by assisting with your transfer to another venue.
If you feel comfortable, you may want to discuss your wishes with your loved ones and medical team. However, if you prefer not to, it’s perfectly legal to keep your medical choices confidential.
Voluntary assisted dying is voluntary for everyone. You can pause your application, or stop it altogether, if you change your mind at any time.