Australia’s Voluntary Assisted Dying laws explained: How they differ by state

AFL legend Robert Walls is one of many Aussies who have made use of the country’s voluntary assisted dying legislation. Take a look at how the laws differ by state.

Voluntary assisted dying legislation is legal in all Australian states but the requirements differ from border to border.

Victoria was the first state to introduce VAD laws in 2017 and the NT remains the only jurisdiction where it remains illegal.

Laws have passed in the ACT to legalise VAD from November.

WHAT ARE THE REQUIREMENTS FOR VAD?

The person must be an Australian citizen or permanent resident and aged 18 years or over.

They must have decision making capabilities and be able to make a decision without coercion.

Australian doctor and euthanasia campaigner Philip Nitschke says Australia in the dark ages when it comes to its VAD laws. Picture: Jerad Williams

HOW DO STATE AND TERRITORY LAWS DIFFER?

VICTORIA

The person must have an incurable illness and their death is expected to happen in the next six months or if they have a neurodegenerative condition their death is expected within 12 months.

Medical practitioners cannot start discussions about VAD, conservations must be initiated by the patient themselves.

The person must make three separate requests for VAD and then be approved.

Their doctor applies for a permit to obtain the medication and it can be self-administered or if they cannot do it themselves their doctor can assist.

NSW

The person must have an advanced and progressive disease or illness that is likely to cause their death within six month or 12 months for neurodegenerative diseases.

The pain they are suffering must also be unable to be relieved.

The person must submit three separate requests by doctors to access VAD before one of these medical practitioners completes an overall review and gives approval.

Authorisation is granted via the Voluntary Assisted Dying Board and the person makes a decision on how to take the medication.

The person is prescribed the medication and takes or is given the medication when they choose.

QUEENSLAND

The person must have an advanced or progressive illness that is likely to cause death within the next 12 months.

A medical practitioner can initiate discussions but they must also provide the person with information about possible treatment and palliative care options.

The person must make three requests with separate medical practitioners to die and if this is approved by the co-ordinating doctor

then allows the administering process to begin.

There are two choices – the person can administer the VAD substance independently or require it to be done by an administering doctor or nurse.

AFL player and coach Robert Walls died aged 74, after using voluntary assisted dying laws. Picture: Michael Willson/AFL Media

SOUTH AUSTRALIA

The person must have an incurable disease that is worsening and it will cause death.

The death is expected to be caused within six months or 12 months; it is a neurodegenerative disease and the pain is intolerable.

Only the person wishing to die can request information from a doctor about VAD.

Three requests for VAD made by the person must be assessed by two doctors.

The doctor will then receive a final request, prescribe the medication and the person can end their life when they want to themselves.

There must also be a support person to assist with the handling of any leftover medication after the person dies.

WESTERN AUSTRALIA

Their death is expected to occur within six to 12 months (the latter if it is a neurodegenerative disease).

The person must request access to VAD themselves.

They must make three requests in total to access VAD.

The substance can be administered individually or by a medical practitioner and in front of a witness.

TASMANIA

The person has a terminal illness.

A formal request must be initiated by the person to start the VAD process.

There are many formal steps and the doctor must ensure the person has capacity to make decisions at all times themselves.

NORTHERN TERRITORY

VAD is illegal.

ACT

Laws have passed to legalise VAD and will begin on November 3, 2025.

Originally published as Australia’s Voluntary Assisted Dying laws explained: How they differ by state