LAUSR

In 1995 the Northern Territory passed the Rights of the Terminally Ill Act 1995 (NT) and in 1996 when it came into force, it was a world first and placed Australia at the forefront of legalized assisted dying. The Act was, however, rendered ineffectual by the Commonwealth in 1997 and since that time, euthanasia (assisted dying) has not been addressed by legislation in Australia. This recently changed in the State of Victoria with the passage of the Voluntary Assisted Dying Act 2017 on the 29th of November 2017. Given the complexities of some of the procedural requirements of the Act, it will not come into effect until June 2019. Under the Act, voluntary assisted dying means the administration of a voluntary assisted dying substance (defined as a substance specified in a permit for the purpose of causing death) and all steps reasonably related to such administration (s3). At this point in time there has been no specific substance identified and this will be determined at a later date. The complexities of legislating in this area are recognized in the inclusion of Bguiding principles^ in the Act which include (s5): that every human life has equal value and that autonomy should be respected. Support in making a decision is viewed as a right and the person must be informed about options available to them, including comfort and palliative care. Therefore, the Act reflects a position that assisted dying is not to be presented as the only available option and that patients need to be supported in identification of the most appropriate path for them. Further principles include open and clear communication, support for the patient, protection from abuse and, central to everything is the core principle of respect for culture, beliefs, values, and personal characteristics (s5(i)(j)). There are clear and specific procedural requirements including a first request, followed by a written declaration and a final request (s6). If these criteria are met then a voluntary assisted dying permit will be issued. The Act unambiguously protects any registered health practitioner who conscientiously objects to voluntary assisted dying and specifically authorizes refusal to participate in any aspect of the process. The eligibility criteria which some view as restrictive, are extensive and include a requirement that the person is eighteen or older and is an Australian citizen or permanent resident who ordinarily resides in Victoria (for at least one year). They must have capacity and be suffering from an Bioethical Inquiry (2018) 15:15–18 https://doi.org/10.1007/s11673-018-9839-8