Every MLA has now put on the record how they feel about introducing voluntary assisted dying laws in the ACT. Photo: Region.
An ACT Labor backbencher has made the surprising announcement that she’s considering introducing amendments to allow people with early stages of dementia to access voluntary assisted dying (VAD).
Human Rights Minister Tara Cheyne introduced the Voluntary Assisted Dying Bill 2023 last October, 11 months after the Territory’s right to debate VAD was restored.
The Legislative Assembly in-principle debate on Thursday (16 May) evening was the first time all MLAs could put their views on the record.
Ms Cheyne circulated the amendments the ACT Government planned to bring during the June sitting period, while Shadow Health Minister Leanne Castley said she intended to bring amendments as well (but didn’t go into detail).
Dr Marisa Paterson said she wanted the Territory to take the scheme further.
“[I want us to address] the issue around when people lose capacity … for people with dementia and other conditions,” she said.
“While the amendments that I will be proposing will not address early loss of capacity, I believe they will go some way to progress this public debate and help address very real issues.”
While Dr Paterson can reserve the right not to move the amendments next month, she wanted to open up community consultation on including people in the scheme in the early stages of diseases or conditions such as dementia.
Her proposed model is predicated on an individual meeting all VAD eligibility criteria and going through all approval stages while they have full mental capacity.
However, it allows a person to stay engaged in the process if they end up losing capacity by having an appointed ‘VAD attorney’ authorise the person’s access.
Dr Paterson likened it to a situation in which an enduring power of attorney can decide to turn off a person’s life support.
“This is a call to the ACT community to join me to be brave in having the discussion about taking the next steps to supporting people suffering at the end of their life, to be able to make the choice to die with dignity and compassion,” she said.
Ms Cheyne expressed her concerns that amendments could hold up VAD’s implementation process, but also said allowing access for people with dementia had “vexed” her.
“Dr Paterson has proposed an option which is considered and thoughtful and one which, on the face of it, does not seem like it would dilute or render a key element of the bill incoherent,” she said.
“However, while the principle is sound, I will closely be following the community conversation and advice over the coming weeks about its drafting, the effect on implementation, and what safeguards may be required.”
There were controlled emotions and submissions as each MLA outlined how they would vote at this debate stage.
The Assembly heard stories of MLAs watching their loved ones suffer as they died, and others who’d heard wishes for just “one more day”.
Many explained they supported giving people the choice to choose how they would like to die, while others grappled with moral and religious issues.
Every member was able to give a vote of conscience rather than vote on party lines.
Some supporters of the in-principle stage reserved their right to vote the law down during the next debate if they felt the amendments didn’t address their concerns.
The bill passed the in-principle stage 20 votes to 5. Ed Cocks, Peter Cain, James Milligan, Jeremy Hanson and Elizabeth Kikkert voted no.
The bill hasn’t passed into law yet as this was the in-principle debate stage.
The government appears confident it will become law, announcing $2.4 million over two years to establish the Voluntary Assisted Dying Implementation Taskforce.
What exactly the law will look like is still unknown as the aforementioned amendments will be debated during the detail stage next month.
As the bill currently stands, VAD will only be available to people under a strict set of circumstances, including that they must be acting voluntarily and have decision-making capacity throughout the entire process.
The government had originally considered allowing VAD to be accessible to children under the age of 18 but later backed away from this proposal.
This could be reconsidered at the first statutory review in three years.
If passed, it’s expected that VAD will be implemented on 3 November 2025.
Ms Cheyne noted this was a momentous day.
“We spent 25 years fighting for the opportunity to introduce this bill,” she said.
“It is somewhat surreal that this debate has begun today; another milestone met.
“We spent 25 years fighting for this opportunity, and this is a bill worth fighting for.”
If voluntary assisted dying raises issues for you or your family, you can contact Lifeline on 13 11 14 or Griefline on 1300 845 745.
Consultation on Dr Paterson’s amendments is open until 29 May. You can submit feedback online or email paterson@act.gov.au. The proposed amendments will also go to the ACT Legislative Assembly Scrutiny Committee.
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