The ACT Minister for Health recently tabled a report in the Legislative Assembly addressing a key community concern around the ACT’s Voluntary Assisted Dying (VAD) legislation—what happens if a person loses decision-making capacity after being approved for VAD but before receiving the medication?
You can read the report here.
The report was prepared in response to Marisa Paterson MLA’s proposed amendment to the ACT’s VAD legislation, which aimed to enable access to VAD even if decision making capacity has been lost as long as all approvals have been granted. The report, which draws on targeted consultation with a range of stakeholders and experts, highlights that while only a small number of people are likely to be affected, the possibility of losing capacity near the end of life can cause considerable distress. Some individuals may choose to access VAD earlier than they wish, or avoid pain relief, to ensure they remain eligible.
How can we safely and compassionately provide access for those who have already been approved for VAD but lose capacity before it can be administered?
In her speech to the Legislative Assembly, the Health Minister committed to an in-depth community consultation on the issue after VAD has been in place in the ACT for 12 months. This will allow for assessment of the real-world impacts of the current model and exploration of options for potential legislative change. Any changes would be developed through a co-design process. The minister reflected that it is important that any future decisions address the specific needs and values of the ACT community.
You may be interested to watch the Minister’s Speech, which is available on the Legislative Assembly website. |