Law Research News

How best to regulate voluntary assisted dying

Voluntary assisted dying (VAD) is currently lawful in all Australian states and will be lawful in the Australian Capital Territory from November 2025. A Report published by an Independent Expert Advisory Panel has recommended that VAD laws be introduced in the Northern Territory.

VAD laws permit adults with decision-making capacity, who are at the end of their life, and suffering from a medical condition to receive assistance to die. The VAD process is highly regulated to ensure that the system is safe, and that only people who meet the eligibility criteria can access this option. Despite the important role regulation plays in the delivery of VAD, little is known about the most effective way to do this.

A recent article authored by Ben White, Casey Haining and Lindy Willmott from the Australian Centre for Health Law Research reports on the views of Victorian and Western Australian doctors and regulators about the best way to regulate VAD.

According to doctors and regulators:

  • VAD requires special and specific regulation
  • Effective VAD regulation draws on multiple regulatory tools (e.g. law, policy and education)
  • Educative approaches to VAD regulation are generally more effective than punitive ones
  • VAD regulation is effective when doctors perceive it as acceptable
  • VAD regulation is effective when it is nimble and responsive to doctors’ needs.

A research briefing summarising the article is available online.

 

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