Call for clarity on ‘last stage of life’ requirement in VAD scheme

The ACT government has been urged to amend its voluntary assisted dying legislation to clarify the requirement for a patient to be suffering from an ‘advanced’ illness.

ACT Human Rights Minister Tara Cheyne has taken carriage of the legislation. Picture: supplied

The ACT government has been urged to amend its voluntary assisted dying legislation to clarify the requirement for a patient to be suffering from an “advanced” illness and in the “last stages of their life”, amid concerns the terms are vague and could include old age.

A committee review of the proposed legislation, which will be the nation’s most liberal assisted suicide framework if it becomes law, has recommended the Labor-Greens government review the phrasing of its eligibility requirements to avoid being “vague and open to interpretation”.

The bill, which was introduced by ACT Human Rights Minister Tara Cheyne in November, departs from other jurisdictions by allowing terminally ill patients to access euthanasia without having a predicted time of death, with all other states requiring patients to have between six and 12 months to live.

Experts had raised concerns about the wording, including Canberra palliative care doctor Michael Chapman, who told the committee the requirement that a patient needed to be in the last stages of life could be “easily misconstrued as being associated with advanced age”.

“(Ms Cheyne) acknowledged the numbers of submissions, particularly from practitioners, concerning the potential ambiguity and duplicative nature of the use of the ‘last stage of life’ in the eligibility criterion,” the report said.

“She advised the committee that she intended to consider this further.”

The 113-page report containing 27 recommendations for changes also recommends the Barr government increase the time frame for health workers to refer requests to access VAD from two to four working days.

The committee noted concerns about the inclusion of strict liability offences where proving criminal intent is not required, due to the “practical reality” of fulfilling their obligations regarding assisted dying in a two-day time frame.

ACT opposition health spokeswoman Leanne Castley, who was on the committee reviewing the legislation, said the short time frame concerned her especially in relation to conscientious objectors, who have two days to pass on the request to access the scheme or face charges.

The ACT government will provide its response to the report at a later date.