The eligibility criteria for access to voluntary assisted dying under the Voluntary Assisted Dying Act 2017 (Vic) are too conservative. So long as sections 9(1)(c) and s 9(1)(d)(iv) are met, it is unduly restrictive to have any further criteria." Do you agree with this statement? Provide reasons for your answer. Word count: 2368 Introduction In Victoria, parliament has administered new legislation to allow terminally ill individuals to be assisted with medical assisted dying measures. In this, individuals (providing they fit the criteria) can end their life voluntarily in what is considered to be a "good death"1. The legislation will commence operation June 19, 2019 and will be the first state in Australia to pass such the legislation2. The legislation is tailored to assist only the terminally ill who wish to undertake the independent decision to end their life. There is a list of criteria in the legislation planting strict limitations and restrictions as to who, how and why someone can access VAD. It can be said that providing that a person has capacity to make the decision to end their life and that the person cannot be relieved in a manner that they believe is tolerable then there should not be any further criteria needed. 1 Jean Edwards, "Victoria becomes the first Australian state to legalise voluntary assisted dying", ABC News (Online) <https://www.abc.net.au/news/2017-11-29/euthanasia-passes-parliament-in-victoria/920tt472> 2 Ibid
This essay will explore statistics that abuse is not found in other countries that have legalised VAD. This essay will also discuss how the Victorian legislation is quite restricted, given that there is a loss of freedom for people to make their own decisions in the way the legislation has been governed. It will also look at the term "suffering" which has been limited to the concept of only "physical pain" in the legislation. With these elements being discussed the Victorian legislation criteria can be said to be limited and conservative when it comes to the access to assisted dying; even if a person can be deemed to have full capacity to make capable decisions and that they believe they are suffering to the point that they deem is intolerable. The criteria for voluntary assisted dying The Voluntary Assisted Dying Act3 outlines the criteria that is to be met for one to access assisted dying in section 9. The criteria outline that the person must be 18 years or more, must be an Australian citizen or permanent resident, be an ordinarily resident in Victoria and at the time of making the request must 3 Voluntary Assisted dying Act 2017 (Vic)
have been residing in Victoria for a period of 12 months4. Section 9(1) (c) of the Voluntary Assisted Dying Act5 states that the person who wishes to access the assisted dying scheme "must have decision- making capacity in relation to Voluntary assisted dying". Given that this is state law, only Victorians at the moment will have access to voluntary assisted dying scheme. However, there are currently bills being debated in other states but as of