How are VAD laws working in Australia?

19 Oct 2024

For the first time, analysis of official data from all Australian jurisdictions presents a snapshot of VAD in practice; who is using the laws and what can be improved.

More than 2,460 terminally ill Australians have ended their life using voluntary assisted dying (VAD) since end-of-life choice was first legalised, a landmark report from Go Gentle Australia has found.

The State of VAD report collates and analyses available VAD data for the first time. It reveals a good news story: Australia’s laws are operating safely within the parameters set out by parliament and are fulfilling their dual aims to offer terminally ill people choice and relieve suffering. The report finds that in Australia;

• A typical VAD applicant is aged 70-79 years, more likely to be male, and have cancer
• The majority are well educated, speak English as their preferred language and around 4 in 5 (79%) are receiving palliative care
• Health professionals are delivering compassionate, person-centred care to people who seek this choice.

The report shows that while assisted deaths represent a small proportion of all deaths (between 0.5 and 1.6%) demand for VAD services is growing. A number of reforms are recommended to further improve access, including:

• Streamline complex bureaucratic processes
• Recognise VAD as part of high-quality end-of-life care and include it in clinical standards
  and guidelines
• Grow the VAD health workforce to meet demand, with fair compensation
• Produce clear guidance to individual practitioners, hospitals, hospices and aged care facilities about their legal and ethical obligations to the people in their care
• Provide culturally safe resources and services for First Nations peoples and those from culturally and linguistically diverse backgrounds.

The report includes a joint statement from health organisations calling on the government to reform the Commonwealth Criminal Code where it restricts VAD access for rural and remote Australians.

Revolutionary pace of change

Andrew Denton, Go Gentle Australia’s founding director, said enormous progress had been made since Victoria became the first state to pass a VAD law in 2017.
“But there is more work to do. The Northern Territory is still to pass a law and we must ensure no one is left behind. There is also the business of making services as accessible as possible for those who need them. We must never forget who these laws were written for – terminally ill people who are suffering intolerably and want some control over the timing and circumstances of their death.”

VAD applicants three times more likely to die at home

Dr Linda Swan, Go Gentle Australia’s CEO, said: “The evidence collected paints a reassuring picture of systems fulfilling their aims. Applicants are being guided by more than 1,000 VAD-trained health professionals and kind and meticulous support services.

“We hear many stories of health professionals going above and beyond to ensure terminally ill people and their families get the support they need. Importantly, around 80 per cent of applicants are receiving palliative care which demonstrates the two care options can and do work together, offering opportunities for closer co-operation.”
Dr Swan said the data revealed that VAD was enabling more people to die at home.

Greater awareness needed

However, challenges remain. A number of barriers were preventing access for otherwise eligible people, and a funding shortfall for VAD providers risked the sustainability of services.

Health agencies call for Criminal Code reform

A priority is reform to allow the use of electronic communications in the VAD process. In a joint statement, 17 leading health agencies have joined Go Gentle to call on the federal government to urgently amend the Code where it negatively impacts provision of VAD services, particularly in regional and remote areas.

This article is sourced from Go Gentle Australia and can be read in its entirety online here.
First published 12 August 2024. Reprinted with permission in Seniors Voice Oct-Dec 2024.