Attorney-General Tara Cheyne, Health Minister Rachel Stephen-Smith and Oversight Board chair Darlene Cox. Photo: Ian Bushnell.
Voluntary assisted dying is now available to eligible Canberrans with a terminal condition, but there is unfinished business to do with broadening the scope of the legislation to take in those who lose their ability to make an informed decision and give consent.
Earlier this year, the ACT Government conducted a consultation on this complex issue, but it will again be presented to the community next year, with any changes to the legislation not expected to occur until towards the end of the parliamentary term.
Health Minister Rachel Stephen-Smith said the earlier consultation was paused due to the ethically and legally fraught issues involved and the need to first implement the current legislation.
“To be able to then have those next round of conversations about any potential changes to the scheme, we thought it was really important to understand the early experience in the ACT, to understand any additional experiences that were coming through, and we were very cognisant that other schemes were starting their legislative review,” she said.
Ms Stephen-Smith said no other jurisdiction in Australia had laws to cover loss of capacity to consent.
She said the ACT was looking at the Canadian system where someone with an enduring power of attorney can decide for a dying person without capacity.
“There are a range of things that we would need to think through about the different personal circumstances that people might find,” she said.
“Some people will have no one in their lives who could perform that enduring power of attorney process. Other people will want to trust a family member, someone close to them, with that decision-making.”
Ms Stephen-Smith said the government hoped that if an acceptable position could be reached across the community, legislation would be introduced to the Legislative Assembly before the next election in 2028.
At present, eligible Canberrans must have the capacity to voluntarily consent at every stage of the process, and that includes the administration of the lethal substance.
This excludes those who may develop illnesses such as dementia during the process, to the extent that they cannot make their own decision.
“Another example of the complexity … is if somebody had said that they are going to self-administer the substance, if they lose capacity, clearly they’re not in a position to self-administer, and there would need to be a change in the process of administration as well,” Ms Stephen-Smith said.
Ms Stephen-Smith would not say how many applications the scheme was preparing for, but it was expected that some had been waiting for it to start.
“The team has done a lot of work understanding that we will see potentially a real uptick in interest from today, and the Care Navigator Service is there to support people,” she said.
Any detailed data about the uptake would not be provided until February.
Ms Stephen-Smith said a 29-strong team of doctors and nurse practitioners were ready to supply the scheme’s services.
The government will be collecting data and feedback from clinicians, consumers, carers, and families over the coming year to determine if any changes to the scheme were needed.
Health staff who do not wish to be part of the voluntary assisted dying process can opt out, but they cannot hinder or prevent the passing on of information about the scheme.
The Voluntary Assisted Dying Oversight Board will oversee, monitor and report on the operation of voluntary assisted dying in the ACT.
A voluntary assisted dying care navigation service has been established by Canberra Health Services to give support to individuals, their families, health practitioners and health services seeking information about voluntary assisted dying.
The Care Navigator Service is available to provide information about voluntary assisted dying and help refer eligible patients to authorised voluntary assisted dying practitioners. For more information or to speak with a Care Navigator, call 5124 1888 between 8:30 am and 5 pm Monday to Friday.
If the issue of voluntary assisted dying raises issues for you or your family, you can contact Lifeline on 13 11 14 or Griefline on 1300 845 745.
