ACT releases report into loss of capacity and VAD
The government says it will wait at least a year after voluntary assisted dying is safely and successfully implemented before considering any changes to the law.
The ACT Government has released its consultation report on the issue of what happens when a person approved for voluntary assisted dying (VAD) loses decision-making capacity before the process is completed.
Health Minister Rachel Stephen-Smith tabled the report in the ACT Legislative Assembly this week.
The consultation was in response to a resolution by Dr Marisa Paterson MLA and passed by the ACT Legislative Assembly in June 2024, following the passage of the Voluntary Assisted Dying Act.
VAD will become available to ACT residents from 3 November 2025.
Minister Stephen-Smith said in a statement that the consultation focused on “a specific scenario – where a person who has already been approved for VAD loses decision-making capacity after final approval but before the VAD medication is administered, making them ineligible under current law”.
“The ACT Health Directorate engaged with more than 100 stakeholders across the health, legal, ethical and community sectors, including clinicians, academics, oversight boards, and international experts,” the Minister said.
She said while there was broad community support for exploring the issue of loss of decision-making ability and VAD, “the consultation confirmed that it is ethically and legally complex”.
“We must balance a person’s right to choose with the need to ensure their consent remains clear, voluntary, and informed, especially in such a sensitive process.”
The Minister said there would be no change to the VAD legislation until after the service was implemented and its operation assessed.
“The focus would be on ensuring the safe and successful implementation of VAD in the ACT from 3 November 2025,” Minister Stephen-Smith said.
The report was welcomed by Attorney-General Tara Cheyne, who shepherded the VAD bill through parliament in 2024.
She said the Government would not rush legislative change but was committed to further work on the issue “once the ACT’s VAD scheme is established and operating”.
“The ACT’s VAD scheme is unique. Commencing it and closely monitoring its operation is essential in ensuring and building community confidence in the scheme, and will give us an understanding of how the scheme may address some of these issues already. This will be a sound place from which to continue this work,” Minister Cheyne said.