27 February 2026

Three months in, this is how the ACT’s voluntary assisted dying laws are working in practice

| By Claire Fenwicke
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The ACT’s Health Minister gave an update on how the voluntary assisted dying scheme has been accessed in the past three months. Photo: YuriArcursPeopleimages.

Fourteen people have exercised their right to voluntary assisted dying in the first three months that the services have been legal in the ACT.

Of the 87 people who registered for VAD, 55 per cent were male and 45 per cent were female, with a median age of 74.5 years.

The youngest person registered was 43, and the oldest was 103. More than 40 per cent of those seeking the service were aged 80 or older.

The most common underlying condition experienced by these people was cancer.

Health Minister Rachel Stephen-Smith provided the update, revealing that 87 people registered for voluntary assisted dying services since it became legally available on 3 November 2025.

“The first three months of operation have shown the ACT legislation and clinical safeguards are working as intended – offering people with an advanced, progressive and terminal condition compassion and a genuine choice at the end of their life that aligns with their values and wishes,” she said.

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Ms Stephen-Smith highlighted the multi-step approval process to access voluntary assisted dying services meant not all 87 people were found to be eligible.

“Within the first three-month period, 61 people had a First Request accepted by an authorised practitioner,” she said.

“After making a First Request, a person must be assessed independently by two authorised practitioners to be found eligible … A total of 43 people have been found eligible to access voluntary assisted dying in both assessments [in this time].”

A small number of people who made a First Request died from their underlying condition before their assessment process was completed.

Ms Stephen-Smith said the average length of time from a person’s First Request to the administration of an approved end-of-life substance was 18 days, with the shortest period being five days.

“Fourteen people have exercised their ultimate end-of-life choice and have died after taking an approved voluntary assisted dying substance,” she said.

Of these 14 people, 12 opted for an authorised clinician to administer the substance, and two chose to self-administer.

“This very early data highlights the positive impact this significant reform is having in providing holistic end-of-life options centred on the needs of individuals, families and carers,” she said.

“To everyone grieving the loss of a family member or loved one … I hope it gives them some comfort to know that those who have accessed voluntary assisted dying were able to make a decision that aligned with their values and wishes at the end of their life.”

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There are two areas the ACT Government is still investigating regarding possible expansions of the scheme.

One is allowing people with dementia to access the scheme, which the government has already been considering.

The other is allowing people to be assessed through telehealth appointments.

This would need changes at a Commonwealth legislative level, given it is a criminal offence to incite or enable suicide through a carriage service.

Attorney-General Tara Cheyne said this was unfairly creating circumstances in which people were being treated as “second-class citizens”.

“There are a number of different diseases and circumstances where someone might wish to access voluntary assisted dying, and they can’t travel, they can’t move [to attend an appointment] … and if they can’t travel, then what do they do?” she pointed out.

“In all other health circumstances, they would be able to pick up the phone, do a voice call or a video call, with their doctor, with their GP, with a specialist, with a consulting practitioner.”

The workforce eligible to provide voluntary assisted dying continues to grow, with 36 practitioners completing the mandatory training to date. Twenty are authorised to perform all roles (15 medical practitioners and five nurse practitioners).

Discussions have been held at a Commonwealth level about this issue, and Ms Cheyne said the time had come to move forward in this area.

“Now we have another class of citizens … people who can’t leave their home, who are being treated inequitably due to this determination of the law and the law itself that makes clear that if the doctor participates in telehealth to facilitate voluntary assisted dying, that is a criminal offence,” she said.

“Allowing this inequitable outcome to persist, in Australia, just doesn’t pass the pub test.”

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