Gag clause in VAD laws

23 Mar 2026

Doctors can’t raise assisted dying with patients under proposal – NT News Fia Walsh

The Northern Territory is set to introduce voluntary assisted dying legislation by the middle of the year which would pose a timeline on eligibility and stop doctors from raising it as an option with their patients.

After being the first place in the world to legalise voluntary assisted dying (VAD), the NT is now the only jurisdiction in Australia without the end of life choice.

The Country Liberal Party government this week finalised its response to the Legal and Constitutional Affairs Committee’s draft VAD legislation, which proposed the Territory adopt one of the most progressive models in the country.

The NT Attorney-General, Marie-Clare Boothby, accepted most of the 86 recommendations but has added more restrictions to eligibility criteria and assessment processes.

She confirmed the Bill was on track to be introduced in parliament by mid-year for a conscience vote.

“This is a deeply personal issue for many Territorians,” Ms Boothby said. “That’s why we have taken the time to work through the remaining matters raised to ensure the framework is balanced and responsible.”

Under the proposed model, eligibility would be limited to adults with a condition that is advanced, progressive and expected to cause death within 12 months.

Where eligibility cannot be determined, a referral mechanism will apply.

Two independent eligibility assessments by medical practitioners will be required.

The process will also prohibit doctors from initiating discussions about assisted dying, which the government said would help protect patients from influence or coercion.

A similar gag clause exists only in South Australia, after Victoria lifted its ban last year.

Advocates have celebrated the long-awaited reform moving one step closer, but questioned why a gag-clause would be included, against the national trend.

Go Gentle Australia chief executive Linda Swan said it was at odds with doctors’ professional obligations to make patients aware of all options.

“It’s fabulous news that there’s some progress on VAD because Northern Territorians are telling us very loudly that they want this change,” Dr Swan said. “But probably the thing that’s most distressing – I’m coming at this as a health professional myself – is this proposed gag. It would really put the NT significantly behind in terms of person-centred approach you’d expect from voluntary assisted dying. This goes to the heart of people’s right as an Australian to have a say in their own health and their health choices.”

Council on the Ageing NT also disagreed with the gag clause, and said it did not believe there should be a timeline on prognosis to access VAD services.

Meanwhile the Australian Christian Lobby celebrated what it described as “sensible additional safeguards. The timeframe requirement ensures that the people accessing VAD are more likely to be at end of life,” ACL NT director Nicholas Lacy said. “The timeframe creates a clear line in the sand about who can access this. Patient-led discussions are so important to avoid coercion of the old and vulnerable. People wanting to access VAD need to be mentally fit and able to self-advocate, this helps ensure that it is their genuine wish.”