Released 07/05/2025 - Joint media release
Today the ACT Government has released the findings of an extensive consultation into one of the most complex and sensitive issues in voluntary assisted dying (VAD): what happens when a person approved for VAD loses decision-making capacity before the process is completed.
The consultation was undertaken in response to a resolution brought forward by Dr Marisa Paterson MLA and passed by the ACT Legislative Assembly on 6 June 2024, following the passage of the Voluntary Assisted Dying Act 2024 (the Act) on 5 June 2024. The Act comes into effect on 3 November 2025.
Minister for Health, Rachel Stephen-Smith said the Government had listened closely to a wide range of perspectives during this process.
“This issue touches on deeply held values about dignity, autonomy, and compassion at the end of life,” the Minister said.
“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 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.
“While there is broad community support for exploring this issue, the consultation confirmed that it is ethically and legally complex,” the Minister said.
“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 Government has heard stories of people who endure unnecessary suffering because they fear losing the ability to make a final decision, as well as the emotional burden carried by families who feel unable to honour the wishes of loved ones.
However, the consultation also highlighted serious concerns from health professionals, legal experts and ethicists around removing the requirement for capacity at the point of administration.
Minister for Human Rights Tara Cheyne welcomed the considerable work done to date.
“The contribution provided today furthers the conversation that the community wants us to have about the intersection of dignity, autonomy and loss of capacity,” said Minister Cheyne.
“This is in addition to Go Gentle’s recent position paper on VAD and dementia more broadly, which echoes the strength of the community sentiment for more work to be undertaken while also recognising the complexity.
“With the ACT community having waited so long for our rights to legislate on VAD to be restored, it is appropriate that the Government’s focus in the immediate ensuing period is on preparing the scheme for commencement, as currently legislated.
The Government will not rush legislative change but is committed to further, inclusive work on this 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,” said Minister Cheyne.
In early 2026, the ACT Government will consider options for consultation and potential reform, starting with further research, including gathering updated data and insights from the ACT and other jurisdictions.
“We are focused on ensuring the safe and successful implementation of VAD in the ACT from 3 November 2025,” Minister Stephen-Smith said.
“Once the scheme has been in operation for 12 months, we will begin a formal co-design process, engaging with clinicians, community advocates, legal experts and ACT residents, to explore the next steps in our unique context.”
“This is not a conversation we take lightly. But we are committed to engaging deeply and respectfully with our community to ensure our laws continue to reflect our values - compassion, safety, and respect for personal choice,” said Minister Stephen-Smith
View the full consultation report.
- Statement ends -
Rachel Stephen-Smith, MLA | Tara Cheyne, MLA | Media Releases