Significant developments are underway in voluntary assisted dying (VAD). Amendment bills have been introduced into the New South Wales and Victorian Parliaments, and the Australian Capital Territory recently passed the Voluntary Assisted Dying Act 2024 (ACT) (ACT VAD Act), which commenced on 3 November 2025.

Australian Capital Territory

The ACT's VAD scheme commenced on 8 November, together with the commencement of the ACT VAD Act.

To access VAD in the ACT, an individual must satisfy all eligibility criteria and complete each step of the application process. To be eligible, an individual must:

• be 18 years or older;
• have lived in the ACT for the last 12 months (unless a residency exemption applies, such as having a substantial connection to the ACT);
• have an advanced and progressive medical condition which is expected to cause death and is causing the individual intolerable suffering;
• have decision making capacity at all stages throughout the process; and
• be acting voluntarily and without coercion.

The VAD application process comprises 10 steps. First, an individual must request access from an authorised medical practitioner, followed by two separate eligibility assessments by different medical practitioners. The individual then makes a written second request and a clear final request, after which the coordinating practitioner confirms decision-making capacity and voluntariness. The individual decides whether to self-administer the VAD substance or have it administered by a medical practitioner. The substance is then supplied by the ACT Voluntary Assisted Dying Pharmacy Service. Administration occurs as chosen, and finally, the ACT Births, Deaths and Marriages Registry is notified once the death is confirmed.

Relevantly, the ACT VAD Act imposes direct, enforceable obligations on residential aged care providers to:

• allow reasonable access for VAD information and processes;
• consider and facilitate transfer where access on-site is not possible;
• take reasonable steps to make access practicable if transfer is unreasonable; and 
• publish and maintain a compliant policy. 

The ACT VAD Act imposes strict liability offences for failures to have, publish and provide on request a policy on compliance with obligations or to notify the VAD Oversight Board when transfers are not facilitated. Failure to do so can result in a civil penalty of 20 penalty units or $6,600 per breach.

New South Wales

On 15 October 2024, the Voluntary Assisted Dying Amendment (Residential Facilities) Bill 2025 (NSW Bill) was introduced into the New South Wales Parliament. The NSW Bill generated significant discussion as it proposed substantial changes that would alter the rights of older Australians to access VAD services in residential facilities, including residential aged care. The Bill would have amended the Voluntary Assisted Dying Act 2022 (NSW) to permit residential facilities to decline facilitating VAD services, however, the Legislative Council ultimately rejected the NSW Bill last week, with 23 votes against and 16 votes in favour.

Victoria

In Victoria, the Voluntary Assisted Dying Amendment Bill 2025 (Victorian Bill) was passed on 15 November 2025, with 26 votes to 14 in the upper house. This follows a review of Victoria's VAD laws, five years after the commencement of the Voluntary Assisted Dying Act 2017 (Vic), with calls for reform to improve access.

Unlike the NSW Bill, the Victorian Bill expands access to VAD. Some of the key changes include:

• Removal of the 'gag clause': currently, medical practitioners are prohibited from raising VAD with their patients. The Victorian Bill seeks to remove this restriction, enabling practitioners to raise the topic proactively.
• Minimum information: the Victorian Bill requires conscientiously objecting medical practitioners to provide minimum information to patients regarding VAD and advise that another practitioner or health service may be able to assist with further information or access to VAD.
• Extension: the Victorian Bill proposes to increase those who can access VAD from a prognosis period of six months to twelve months.
• Second opinion: the Victorian Bill removes the requirement for a third opinion for patients diagnosed with a neurological condition. If passed, any person suffering from a life-limiting illness who wants to access VAD, including those with a neurological condition, will be required to be assessed by two separate medical practitioners.

No action is required for providers with operations in New South Wales. However, providers in Victoria and the ACT should review and update their policies and procedures. For those in the ACT who have not yet implemented a policy, this should be treated as a priority to avoid penalty. Our Human Services team is available to assist with any questions or support you may require.

If you have any questions or would like to discuss the above, including how it may impact your organisation, please don't hesitate to get in touch.