The Minister for Health, Rachel Stephen-Smith, announced today the establishment of a citizens jury to consider ‘what should happen if a person loses decision-making capacity after the final assessment stage of the voluntary assisted dying process’.
President of DwDACT, Sam Delaney responded ‘while we welcome any move to widen access to voluntary assisted dying in the ACT, this initiative is far too narrow in scope. We call on the Minister to widen the remit of the citizens jury to allow a much wider consideration of the use of advance care directives or similar instruments to give access to voluntary assisted dying ’.
‘Based on Canadian experience, fewer than 5 people a year in the ACT are likely to benefit from allowing a person who had been assessed as eligible for voluntary assisted dying and then lost decision-making capacity to access it.’
Sam said ‘Canberrans are undoubtedly concerned about the people who have been assessed as eligible for voluntary assisted dying losing decision-making capacity. But they are also concerned about people who lose decision-making capacity in other circumstances, being able to access voluntary assisted dying: eg those who are only part way through the VAD process, people who have a stroke, or other major health event, or accident’.
‘Statements to the Legislative Assembly by Attorney General, Ms Tara Cheyne and Dr Marisa Paterson show that the government is well aware of the strong support in the community for providing greater access to voluntary assisted dying through mechanisms such as an Advance Care Directive.’
‘Our YouGov survey of 2024 found the 77% of ACT voters supported ‘a person be(ing) allowed to include their wishes about voluntary assisted dying in some form of Advance Care Plan’. That support was strong across all political and religious affiliations’.
The Commonwealth government supported ‘Advance Care Planning Survey 2025 found that only 13% of Australians have ‘formally appointed a substitute decision-maker and 6% who have completed an advance care directive’. This is probably higher amongst older Australians.
‘In our conversations with members of the Canberra community, we have found that many people believe that their Advance Care Plan already gives them access to voluntary assisted dying – but we know that this is not true’.
Mr Delaney said ‘There are 65000 people over 65 years of age in the ACT. They will probably support the Minister’s citizen initiative, but there is strong evidence from the Government’s own surveys and consultations that the ACT community wants stronger action and sooner from this government. And the 65000 people will probably be the greatest beneficiaries of giving more humane access to voluntary assisted dying than is envisaged’.