Victoria to widen access to assisted dying after ‘heartbreaking’ stories

Victorian doctors will be allowed to initiate conversations about voluntary assisted dying (VAD) with patients, and timeframes for a terminal prognosis altered, as part of a suite of changes to be brought before parliament.

The reforms, designed to bring Victoria’s assisted dying framework in line with other states, come after years of advocacy from doctors, family members and coroners reviewing cases where patients have taken their own lives – sometimes violently – after being blocked from accessing the scheme.

Health Minister Mary-Anne Thomas unveiling the government’s proposed changes on Thursday alongside Dying with Dignity Victoria president Jane Morris. Credit: Justin McManus

Health Minister Mary-Anne Thomas confirmed on Thursday that Labor MPs would be given a conscience vote on the proposed reforms, which would also ensure Victorians with a terminal neurodegenerative diagnosis would only have to seek two medical assessments instead of three.

The eligible timeframe for all terminal diagnoses would also be made 12 months under the changes, up from a maximum of six months to live for some conditions. And a ban on non-Australian citizens, or those without permanent residency, would also be lifted and replaced with a clause only requiring the person to have lived in Australia for a minimum of three years.

In December, a Victorian coroner reviewed the suicide deaths of eight people, including a British national who had lived in Australia for 42 years but who had never become a citizen. That man, who was eligible to vote and paid local taxes, was only rejected under the current assisted dying framework because of his lack of citizenship – despite receiving a terminal pancreatic cancer diagnosis and enduring immense pain, according to his doctor.

Thomas acknowledged that she had read the coroner’s report and had been considering changes to Victoria’s laws for some time.

“It is really important that we enable medical practitioners to provide all the advice and information to their patients about their end-of-life choices.”

The government also hopes to force health practitioners who conscientiously object to VAD to provide minimum information to a patient who broaches the issue.

Thomas said she hoped the government’s proposals, triggered by a review of the Voluntary Assisted Dying Act five years after it came into operation, would become law by the end of the year.

“It’s my firm belief that the majority of Victorians are fully in support of our voluntary assisted dying program. It is also clear to me that there is more to do to ensure that Victorians have equitable access.”

Pakenham MP Emma Vulin lives with motor neurone disease.Credit: Simon Schluter

For the changes to become law, the government would need the support of the opposition in the upper house or the majority of the crossbench. The Greens have already flagged their support for the changes.

Coalition health spokeswoman Georgie Crozier said she would need to see the proposed legislation before providing a detailed comment, but confirmed Liberal and Nationals MPs would once again be granted a conscience vote on this issue.

Labor backbencher Emma Vulin, who has spoken publicly about her motor neurone disease diagnosis, said she hoped for bipartisanship so that she and other Victorians with a terminal illness could receive additional peace of mind.

“This is definitely something that I’ve been considering during my journey, and it’s good to know that I’ll have to see two doctors, not three. Particularly for those people who live in regional Victoria. It’ll make a big difference.”

More than 1200 Victorians have accessed VAD since 2019. While Victoria was the first state to pass VAD legislation, advocates have lamented the fact that other states have since passed laws with less onerous requirements.

Dr Linda Swan, the chief executive of assisted-dying advocacy group Go Gentle, welcomed the Allan government’s proposed changes.

“We have heard many heartbreaking stories of Victorians who have been denied access to VAD because of these overly stringent requirements,” Swan said.

“We believe the proposed changes will bring Victoria in line with the rest of the country and significantly reduce needless suffering.”

Dying with Dignity Victoria president Jane Morris, who stood alongside Thomas for Thursday’s announcement, said it was a momentous occasion.

“For a short while, we had become the laggards. But we are certainly on the rise again.”

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