Victoria to make voluntary assisted dying fairer
Victoria’s voluntary assisted dying law will be amended to remove unnecessary barriers to access including abolishing the 'Gag clause' that limits doctors' discussions with patients, the state government has announced.
The reforms include amending redundant residency requirements, standardising the time frame to death to 12 months, and requiring health practitioners who conscientiously object to provide minimum information about VAD to patients.
Go Gentle Australia’s CEO Dr Linda Swan said the proposed reforms “showed the government is listening to terminally ill people and their families and the health professionals who care for them.”
A five-year review of the Voluntary Assisted Dying Act 2017 tabled in parliament found that Victoria’s ground breaking VAD law was “working as envisioned”, however some of the safeguards in the legislation “impede access” to the end-of-life choice for eligible people.
“While groundbreaking at the time of its commencement, the Victorian model of VAD is now widely regarded as a conservative model in Australia,” it found.
The review made five key recommendations, including more information for the community about the end-of-life choice, improved guidance for health care professionals when asked about VAD and more support for the VAD workforce to ensure services are sustainable.
Minister for Health Mary-Anne Thomas said that reform was critical to ensure access across Victoria.
“While our Australian-first voluntary assisted dying laws are giving Victorians the dignity of making their own decisions about the timing and manner of their death – we know we need to update them to ensure they remain fair.
“Reforming our VAD laws to bring them in line with other states is critical to maintaining a service that is accessible to all Victorians, no matter where they live.”
The Minister said the Government was considering change in the following areas:
- Removing the so-called ‘gag clause’ prohibiting health professionals from initiating conversations about VAD with patients
- Requiring health practitioners who conscientiously object to provide minimum information about VAD
- Amending Australian citizenship and permanent residency requirements
- Amending the Victorian residency requirement
- Updating the 6-month prognosis requirement to 12 months
- Removing the requirement for third assessments for those with neurodegenerative conditions
- Shortening the required time period between the first and final request
- Simplifying the process for permit change to prevent delays and allow greater applicant choice of administration method
- Introducing an exemption process to interpreter requirements
- Removing forms from the Act
- Requiring additional reviews of the operation and scope of the legislation.
Go Gentle’s Dr Swan said the charity’s landmark State of VAD report showed Voluntary Assisted Dying laws in all states are working safely and as intended.
“Yet five years of VAD practice around the country has shown that some safeguards are in fact barriers.
“We have heard many heartbreaking stories of Victorians who have been denied access to VAD because of these overly stringent requirements. Many of these barriers are not included in other states' laws.
“We believe the proposed changes will bring Victoria in line with the rest of the country and significantly reduce needless suffering.
“We commend the government for its willingness to act on the evidence.”
Read the full review report.
Read the story in The Guardian