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Accessing voluntary assisted dying in the ACT

Information about planning, discussing and preparing for the end of life, including voluntary assisted dying.

We can all plan, discuss and prepare for the end of life at any time.

This can help make the experience more comfortable and give a greater sense of control when it happens.

The information on this page is for people who are considering voluntary assisted dying and their carers, family and friends. If you are a health professional, you should read Supporting voluntary assisted dying for people in your care.

Voluntary assisted dying explained

Voluntary assisted dying is using medical help to end your life at a time you choose. It is for people who have a medical condition that is terminal and causing suffering.

To access voluntary assisted dying you must:

  • meet all the requirements
  • follow all the steps of the process.

Voluntary assisted dying will be one of the options available in the ACT at the end of your life. More information is available in the voluntary assisted dying general information brochure [PDF 741 KB]. It will be available along with other end of life and palliative care.

The Voluntary Assisted Dying Care Navigator Service is a central point of contact for the ACT community for enquiries about voluntary assisted dying in the ACT. They are open Monday to Friday from 8:30am to 5pm (excluding public holidays). Email VAD.carenavigators@act.gov.au or call 02 5124 1888.

Who can access voluntary assisted dying

To access voluntary assisted dying in the ACT you must:

  • be 18 or older
  • have lived in the ACT for the last 12 months
  • have an advanced and progressive medical condition that is expected to cause death and is causing you intolerable suffering
  • have decision making capacity at all stages throughout the process
  • be acting voluntarily and without coercion.

If you have not lived in the ACT for the last 12 months but have a substantial connection to the ACT, you’ll be able to apply for an exemption.

People who live in Jervis Bay Territory will need to apply for a residency exemption if they want to access voluntary assisted dying in the ACT.

If you have a disability or mental illness you will be able to access voluntary assisted dying if you meet all the eligibility requirements. Having a mental illness alone will not make a person eligible to access voluntary assisted dying under the law. A disability can only make you eligible if you also meet all of the eligibility criteria.

Residency exemptions

If you don’t usually live in the ACT, you may be able to get a residency exemption to access voluntary assisted dying if you have a substantial connection to the ACT.

A residency exemption can only be considered for people who:

  • live outside the ACT, or have not lived in the ACT for the last 12 months
  • are aware that all steps of the voluntary assisted dying process must occur in the ACT. This includes storing and taking the voluntary assisted dying substance in the ACT.

Substantial connection

You may have a substantial connection to the ACT if you:

  • have lived in a place close to the ACT border for at least the last 12 months and you work in or get medical treatment in the ACT
  • have moved to the ACT so your carers, family or friends who live in the ACT can give you care and support
  • have lived in the ACT before and your carers, family or friends live in the ACT
  • identify as an Aboriginal or Torres Strait Islander and have a substantial connection with the ACT community and wish to die on Country
  • have lived in the ACT for less than 12 months but have been diagnosed with an eligible condition since moving to the ACT.

Even if you receive a residency exemption, all steps of the voluntary assisted dying process must happen within the ACT geographical border.

This includes:

  • face-to-face appointments with your voluntary assisted dying practitioner
  • administration of the voluntary assisted dying substance, which can be either self-administered or administered by a practitioner.

NSW and ACT voluntary assisted dying laws do not allow the transportation of the voluntary assisted dying substance across or through state or territory borders. Transporting the substance risks contravening laws of the neighbouring jurisdiction. This means Jervis Bay Territory residents will need to apply for a residency exemption if they wish to access voluntary assisted dying services in the ACT.

For further information, please refer to the residency requirements and exemptions fact sheet [PDF 229 KB].

For any additional queries please email VoluntaryAssistedDying@act.gov.au.

Before you apply

Before applying, make sure you:

How to apply

To be considered for a residency exemption, you must:

Starting the process

You can ask a doctor or nurse practitioner to help you start the process. If they are an authorised practitioner, they can accept your request. This is called making your first request.

Not all doctors and nurse practitioners will provide voluntary assisted dying services. If you ask a health practitioner who is not an authorised practitioner and/or is unable to help you access voluntary assisted dying, they must give you contact details of the ACT Voluntary Assisted Dying Care Navigator Service or an authorised practitioner who can help you, within 4 business days.

The voluntary assisted dying process starts when an authorised practitioner accepts your first request. This practitioner then becomes your coordinating practitioner.

You can read more about the requirements and steps in the voluntary assisted dying process in the first request information pack.

The process

There will be 10 steps in the voluntary assisted dying process in ACT. You can stop or pause the process at any time.

1

First request

You ask an authorised doctor or nurse practitioner to access voluntary assisted dying.

2

First assessment

Your coordinating practitioner checks if you are eligible to access voluntary assisted dying.

3

Consulting assessment

A different authorised practitioner (called a consulting practitioner) also checks if you are eligible to access voluntary assisted dying.

4

Second request

You fill in a written form to confirm you want to access voluntary assisted dying.

5

Final request

You make a clear final request for voluntary assisted dying.

6

Final assessment

Your coordinating practitioner confirms you have decision-making capacity and are acting voluntarily and are not being coerced.

7

Administration decision

You decide if you want to take the voluntary assisted dying substance yourself (self-administration) or have it given to you by a practitioner (called an administering practitioner). If you wish to take the substance yourself, you’ll choose a contact person as part of this process. If you are going to have the substance administered to you, you’ll appoint an administering practitioner.

8

Prescription and supply

The voluntary assisted dying substance is supplied by the ACT Voluntary Assisted Dying Pharmacy Service.

9

Administering the substance

If you take the substance yourself, your contact person will get information from your coordinating practitioner about their role and responsibilities.

If you are going to have the substance administered to you, your administering practitioner will be there when your death happens.

10

After death

Your death is confirmed, and ACT Births, Relationships and Deaths are told about your death.

You can also download a copy of this voluntary assisted dying process [PDF 676 KB].

Making a first request

There are legal steps you must go through to access voluntary assisted dying in the ACT. To start the process, you need to ask a doctor or nurse practitioner who is authorised to help you access voluntary assisted dying. This is called a first request. This is the first of 3 requests in the voluntary assisted dying process.

Read the making a first request information [PDF 6 MB].

Assessed as not eligible

If you are not eligible to access voluntary assisted dying, your coordinating practitioner will talk to you about your options. It’s important to talk about what this means for you and how this news makes you feel.

They can help you get:

  • access to palliative care services to manage your symptoms and end-of-life care
  • counselling
  • information and a referral for more support.

Your coordinating practitioner will also tell you if you could become eligible in the future or not.

Read if you are found not eligible for voluntary assisted dying [PDF 207 KB].

Help with communicating

When accessing voluntary assisted dying, you’ll need to be able to communicate your needs and decisions at each stage of the process. If you need support in doing this, communication support is available. This ensures that your choices are understood and respected at every stage.

You can do this by:

  • speaking
  • using gestures
  • using communication aids like text-to-speech devices, symbol boards, or apps
  • writing
  • using any other self-operated communication aids.

Using an interpreter

You can use an interpreter during the voluntary assisted dying process.

It is important you understand what is happening at every stage.

You can ask for an interpreter yourself, or your authorised practitioner, healthcare worker or staff member at a facility may identify that you need one to complete the process.

If your authorised voluntary assisted dying practitioner, healthcare worker, staff member or any other person involved in providing voluntary assisted dying services is engaging an interpreter for you, they should follow their usual processes. You may also find an appropriate interpreter from within your community.

Engage interpreters as early as possible to avoid delays in the voluntary assisted dying process.

For some parts of the voluntary assisted dying process your interpreter will have to go to your appointments in-person. Your coordinating practitioner will tell you when this needs to happen.

The Voluntary Assisted Dying Care Navigator Service can help you to engage an interpreter. Contact them Monday to Friday, 8:30am to 5:00pm (excluding public holidays).

Phone Number: (02) 5124 1888

Email Address: vad.carenavigators@act.gov.au

Who can be an interpreter

To ensure the appropriate skills required to provide interpreter services as part of the voluntary assisted dying processes, it is preferable your interpreter is accredited by a professional body such as the National Accreditation Authority for Translators and Interpreters (NAATI).

An interpreter must not:

  • be your family member or friend
  • know or believe they will get anything from your will
  • know or believe they will get any money or other material from helping you access voluntary assisted dying or from your death, other than fees for interpreting
  • be an owner or responsible for the management of a facility where you live
  • be giving a health, aged care or personal care service to you

An exemption to the above criteria can be granted if there are exceptional circumstances and no other interpreter is reasonably available.

Interpreters may choose not to be involved in your voluntary assisted dying process. They do not have to provide a reason for their decision, but they should remain respectful.

Interpreter exemptions

You may apply for an interpreter exemption if:

  • there is no interpreter reasonably available within your preferred timeline of the process
  • your language is spoken by a limited number of interpreters and finding one who meets all your cultural and linguistic requirements within a reasonable timeframe is not practical.
  • you have exceptional circumstances for an exemption.

An exceptional circumstance for an exemption may be if:

  • it is not culturally acceptable, or you are not comfortable to have a person from outside your immediate family present during sensitive end-of-life discussions
  • the nature of your non-spoken form of communication is highly individualised and uses unique gestures, sounds or behaviours that only someone familiar can understand
  • urgent medical timelines where interpreter delays may harm you.
Before you apply

To apply for an interpreter exemption, your authorised practitioner, healthcare worker or the Care Navigator Service must make sure they have:

  • carefully assessed you for any signs of coercion or undue influence, intimidation, or pressure
  • confirmed there is no other interpreter available, or that exceptional circumstances exist
  • identified an interpreter that has the appropriate skills, experience or knowledge to provide interpreting services for you.
How to apply for an exemption

To apply for an interpreter exemption, you must:

Contact Us

If you need help finding an interpreter, contact the Care Navigator Service (02) 5124 1888 between 8:30am to 5:00pm, Monday to Friday (excluding public holidays), or by emailing VAD.carenavigators@act.gov.au.

If you need help or more information about the interpreter exemption process, contact the Health and Community Services Directorate on phone (02) 5124 1888 between 8:30am to 5:00pm, Monday to Friday (excluding public holidays), or by emailing VoluntaryAssistedDying@act.gov.au.

Using allied health professionals for supported communication

Speech pathologists, occupational therapists, social workers, counsellors or support workers can help you to communicate your decisions or needs. Allied health professionals can help if you use communication aids or have trouble speaking. Your coordinating practitioner will be able to find you a qualified allied health professional to help you during the process. There may be a cost for these services.

Using an agent to sign documents on your behalf

An agent is someone who signs a form for you when you can’t physically do it yourself, like if you can’t hold a pen. When you make your written second request or choose a contact person, you’ll have to fill in forms in writing.

The agent can only sign the forms if you ask them, and they must do it when you and your witness are with them.

The agent must be 18 years or older.

They must not be:

  • your voluntary assisted dying practitioner
  • your witness to signing the forms.

After death

After your death, an authorised practitioner will complete the Medical Certificate Cause of Death. The medical condition will be recorded as the cause of death and voluntary assisted dying will be noted as the manner of death. The doctor will tell ACT Births, Relationships and Deaths to issue the final formal death certificate. This will not contain any reference to voluntary assisted dying.

Your coordinating practitioner will also let the Voluntary Assisted Dying Oversight Board know about your death.

Your carers, family and friends will be able to follow the usual traditional ceremonies and practices including cultural or burial rituals.

Services and support

ACT Voluntary Assisted Dying Care Navigator Service 

This service will be a central point of contact for the ACT community for enquiries about voluntary assisted dying in the ACT. The service will be available for everyone including you, your carers, family and friends. It will be staffed by health professionals called care navigators.

The care navigators will:

  • give general information about voluntary assisted dying in the ACT
  • help people find voluntary assisted dying practitioners
  • help people access resources and support.

The care navigator service will be open from Monday to Friday. 8:30am to 5pm (excluding public holidays).

Download a contact card for the Care Navigator Service [PDF 543 KB].

ACT Voluntary Assisted Dying Pharmacy Service

This service will make sure any eligible person accessing voluntary assisted dying will be provided with the voluntary assisted dying substance, other medications they need and education in line with best practice. It will be located with the ACT Voluntary Assisted Dying Care Navigator Service at Canberra Hospital. It will be the only pharmacy in the ACT who can supply and dispose of the voluntary assisted dying substance.

It will be open Monday to Friday from 8:30am to 4:30pm.

Counselling and mental health support

When someone is dying or has died it can be a very stressful and sad time.

Grief is experienced differently by different people. There is no right way to feel when losing someone. Grief often involves intense sadness, and sometimes feelings of shock and numbness, or even denial and anger.

Grief can be complex, and it can also start before a person dies, which is common with voluntary assisted dying.

You, your carers, families or friends can call these free services if you need support:

  • Voluntary Assisted Dying Care Navigator Service on 02 5124 1888 – open Monday to Friday, 9am to 5pm (excluding public holidays).
  • Lifeline on 13 11 14 – open 24 hours for crisis telephone support.
  • Griefline on 1300 845 745 – open 8am to 8pm, 7 days a week.
  • Grief Australia on 1800 642 066 – open 9am to 5pm, Monday to Friday.
  • Canberra Grief Centre on 0409 966 515 – open 9am to 5pm, Monday, Tuesday, Thursday and Friday.
  • Solace ACT on 02 6297 1052.
  • 13YARN on 13 92 76 – open 24 hours for crisis telephone support. Yarn with an Aboriginal or Torres Strait Islander Crisis Supporter.
  • ACT Government Grief and Bereavement website.
  • Carer Gateway service on 1800 422 737.

People with disability or mental illness

If you have a disability or mental illness, you’ll be able to access voluntary assisted dying if you meet all of the eligibility criteria.

Having a mental illness alone will not make you eligible to access voluntary assisted dying under the ACT law. A disability can only make you eligible if it also meets all of the eligibility criteria.

If you have a disability that makes it hard for you to communicate, you’ll be able to:

  • have a support person attend appointments with you
  • get help during appointments from an allied health professional such as a speech pathologist or occupational therapist
  • use your normal means of communication, which may include communication aids such as a text to audio device or communication board, writing or communicating through facial expressions or gestures.

If you speak a language other than English

If your main language is not English, there is help available. We want to make sure that everyone, including people from different cultural backgrounds and people with disabilities, can understand and feel supported during this process.

When considering voluntary assisted dying, you’ll need to clearly express your wishes and understand what is happening at every step. You will not be asked to complete any part of the process in English without support.

You can get help in your language by contacting the Translating and Interpreting Service on 13 14 50.

Aboriginal and Torres Strait Islander peoples

Some Aboriginal and Torres Strait Islander people may wish to die on Country as part of their end-of-life journey.

The ACT law has rules about where voluntary assisted dying can take place. You’ll be able to choose to die at home surrounded by family and on Country, but your death will need to take place in the ACT.

If you do not usually live in the ACT, but want to die on Country in the ACT, you’ll be able to apply for a residency exemption.

Download an information sheet about voluntary assisted dying for Aboriginal and Torres Strait Islander Peoples [PDF 322 KB].

Giving feedback

If you have any feedback about your experience with the voluntary assisted dying process, you’ll be able to:

  • speak with your coordinating practitioner
  • contact the ACT Voluntary Assisted Dying Care Navigator Service
  • complete a Personal Reflection Form which is sent to the Voluntary Assisted Dying Oversight Board.

You can provide feedback, reflections and complaints at any time during or after the voluntary assisted dying process. This feedback is anonymous, or you can choose to include your name and details. It can include as much or as little detail as you wish and can be submitted more than once.

Under the Voluntary Assisted Act 2024 Act, information is provided to the Voluntary Assisted Dying Oversight Board and the Health and Community Services Directorate that supports the functions of the Voluntary Assisted Dying Oversight Board.

If you want to receive a response to your feedback, reflection or complaint, make sure you include your contact details on the form. Due to privacy issues, if you are providing information on behalf of someone else, we may not be able to share confidential information about their care or treatment without their written consent.

If your feedback is about Canberra Health Services, visit their consumer and carer feedback webpage.

If you have complaints about health services and health records in the ACT, you can contact the ACT Human Rights Commission.

You can raise concerns about the conduct or performance of a registered health practitioner with the Australian Health Practitioner Regulation Agency (Ahpra).