Investigation into first abuse of a voluntary assisted dying scheme in Australia

An elderly Queensland widower allegedly used euthanasia drugs prescribed for his terminally ill wife to end his own life, in the first suspected such abuse in Australia.

Queensland’s voluntary assisted dying scheme began in January. Picture: iStock

An elderly Queensland widower allegedly used euthanasia drugs prescribed for his terminally ill wife to end his own life, in the first suspected abuse of a voluntary assisted dying scheme in Australia.

The man, aged in his 70s, is understood to have consumed the death-dealing dose meant for his terminally ill wife after her condition deteriorated suddenly and she died in hospital without taking the VAD drugs.

The case has been reported to the Queensland coroner and will raise new questions about the security of lethal VAD drugs after they are dispensed to dying people to use at home.

It is the first suspected misuse of VAD drugs since right-to-die provisions came into force in Australia four years ago.

The man’s death is mentioned in the first report of Queensland’s VAD scheme, which is expected to be tabled in parliament this week.

Sources with knowledge of the incident say the woman had been assessed and approved to legally end her life at home under the state’s VAD laws.

She received the VAD drugs, but before she could use them she was admitted to hospital and died there.

After her death, her husband is believed to have gone back to the house and taken the lethal drugs.

Queensland Health is finalising an investigation into the incident and will provide findings to the coroner.

Under existing Queensland regulation, VAD drugs that are not consumed must be returned to the pharmacy within 14 days.

Those wanting to self-administer the ­lethal dose at home are given medication in a locked box, which can be collected by the patient or an appointed “contact person” on their behalf.

The locked box and key must remain in the possession of the person accessing voluntary assisted dying.

Health Minister Shannon Fentiman said despite the tragedy, VAD was a “safe, accessible and compassionate option for Queenslanders who are dying and suffering”.

“I am grateful to the review board for their careful assessment of every completed request, which assures Queenslanders that the service is being closely and independently monitored,” Ms Fentiman said.

“I would like to thank the state’s 318 authorised practitioners for delivering transparent, compassionate and accessible end-of-life care.”

Health Minister Shannon Fentiman. Picture: Steve Pohlner

Across the five states with right-to-die programs in operation, at least 1363 people have legally ended their lives through assisted dying in Australia.

Most of those have been in Victoria, the first state to legalise assisted dying in 2019. Between June 2019 and June 2023, 912 Victorians took their lives using VAD laws.

Demand for VAD has outstripped expectations in Queensland, with 245 people dying in the first six months of the scheme, an average of about nine people each week.

In the first year VAD was available in Western Australia, 190 people died, while in Victoria there were 129 deaths.

Five people ended their lives in the first four months of Tasmania’s scheme, and in South Australia, 11 people died in the first three months of the program being operational.

The NSW scheme is due to start on November 28.

Figures obtained by The Australian reveal almost 600 people in Queensland have applied to the scheme between January 1 and June 30 this year.

Queensland’s Voluntary Assisted Dying Review Board’s inaugural annual report shows the average age of those who died was 73, with the youngest aged 26. Of those who accessed VAD, 78 per cent were diagnosed with terminal cancer.

Jeff Rowland, a geriatrician who coordinates VAD services for Queensland’s largest health service Metro North, said the federal government should lead a push to make euthanasia laws uniform across the country.

Dr Rowland has also called on the federal government to make changes to the commonwealth criminal code, which currently prevents doctors using telehealth for VAD appointments.