(WA) Removing State Residency Requirements for Voluntary Assisted Dying in Western Australia

Reported by: Christopher Noonan

Publish date: 2/09/24

Problem Identification: 

To be eligible to receive Voluntary Assisted Dying (VAD) in Western Australia (WA), one must have been ordinarily resident in the state for at least 12 months.

Western Australia’s Voluntary Assisted Dying Act 2019 states one is eligible for VAD only if the patient, ‘at the time of making a first request, has been ordinarily resident in Western Australia for a period of at least 12 months’.

This means that patients who have been ordinarily resident in WA for less than 12 months, and who are unable to return to their home-state, cannot receive VAD. It also places an additional administrative burden on patients in WA to prove their residency. 

Context: 

Solution Identification: 

Advice: 

Download the 1-page policy brief PDF here:

(WA) Removing State Residency Requirements for Queensland.pdf

.pdf

Download PDF • 59KB

If your organisation would like to add your support to this paper please email Info@foreaustralia.com.

If you have any ammendment suggestions please reach out to Info@foreaustralia.com

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Endorsed by: 

Dr Katrine Del Villar

Public Support: 

Katherine Waller

Dr Aidan Ricciardo

Dying with Dignity Victoria

Go Gentle Australia

Voluntary Assisted Dying Australia and New Zealand 

Where to go to learn more: 

1. Waller, K., Del Villar, K., Willmott, L. and White, B.P., 2023. Voluntary assisted dying in Australia: a comparative and critical analysis of state laws. https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2023/12/Issue-464-10-Waller-et-al.pdf 

2. Go Gentle Australia, Submission to the Centre For Evaluation and Research Evidence at the Victorian Department of Health (Feb 2024). https://assets.nationbuilder.com/gogentleaustralia/pages/3000/attachments/original/1708908681/Final_-_GGA_submission_to_Vic_Review_-_Feb23.pdf?1708908681

3. Keane Bourke, “Voluntary assisted dying almost universally available in Australia, but residency requirements block some from accessing it” (Jul 2024). https://www.abc.net.au/news/2024-07-12/residency-requirements-blocking-access-to-vad/104050352 

Lived Experience: 

Marion’s Story: Marion lived in Western Australia for most of her life and then retired to Tasmania. While visiting WA, she was diagnosed with incurable lung cancer. She became too ill to travel back to Tasmania, and wanted to spend her final days with her family. Because she had not been living in Western Australia for 12 months, she was not eligible for VAD (even though she likely would have been if she could get back to Tasmania). This meant that she did not have autonomy during her final days alive, which led to devastating mental health issues. ‘It was extremely harrowing, emotionally distressing and left me feeling very angry which has resulted in me suffering anxiety attacks for which I am now under medication’, she told the ABC through her lawyer. ‘My life should not be left in the hands of legislators as this decision should be entirely mine.’

Reference list (name, date): 

1. Cohen, I. G., Adashi, E. Y., & Pope, T. M. (2022). Traveling Across States for Prohibited Treatments: Medical Aid in Dying and Looming Battles Over Abortion. Journal of General Internal Medicine, 38. https://doi.org/10.1007/s11606-022-07898-3

2. Directorate, J. and C. S. (2023, February 7). Voluntary assisted dying laws in the ACT. Www.justice.act.gov.au. https://www.justice.act.gov.au/justice-programs-and-initiatives/voluntary-assisted-dying-laws-in-the-act

3. Go Gentle Australia. (2024). Submission to the Victorian review of the operation of the Voluntary Assisted Dying Act 2017.https://assets.nationbuilder.com/gogentleaustralia/pages/3000/attachments/original/1708908681/Final_-_GGA_submission_to_Vic_Review_-_Feb23.pdf?1708908681 

4. K, W., K, D. V., L, W., & BP, W. (2023). Voluntary assisted dying in Australia: a comparative and critical analysis of state laws. UNSW Law Journal , 46(4).

5. Keane, B. (2024, July 11). Voluntary assisted dying almost universally available in Australia, but residency requirements block some from accessing it. ABC News. https://www.abc.net.au/news/2024-07-12/residency-requirements-blocking-access-to-vad/104050352

6. Submission to the Centre for Evaluation and Research Evidence at the Victorian Department of Health. (2024). Dying with Dignity Victoria . https://www.dwdv.org.au/wp-content/uploads/2024/02/DWDV-submission-to-Victorian-VAD-5-Year-Review.pdf

7. Vermont Ethics Network (n. d.). Medical Aid in Dying, Act 39: Patient Choice and Control at the End of Life. www.vtethicsnetwork.org https://vtethicsnetwork.org/palliative-and-end-of-life-care/medical-aid-in-dying-act-39#:~:text=In%20May%20of%202023%2C%20Vermont,in%20which%20they%20legally%20reside.  

8. Voluntary Assisted Dying Act, 2019 (WA). 

9. Voluntary assisted dying (VAD) in the Northern Territory | Have Your Say Northern Territory. (n.d.). Haveyoursay.nt.gov.au. https://haveyoursay.nt.gov.au/vad

10. Voluntary Assisted Dying Australia and New Zealand. (2024). Submission to Review of the operation of the Voluntary Assisted Dying Act 2017 (Victoria). https://www.vadanz.com.au/content/uploads/VIC-VAD-Review-VADANZ-submission.pdf

11. Voluntary Assisted Dying Review Board. (2020). Report of operations. Safer Care Victoria .

12. White, B., Jeanneret, R., Close, E., & Willmott, L. (2023). Access to voluntary assisted dying in Victoria: a qualitative study of family caregivers’ perceptions of barriers and facilitators. The Medical Journal of Australia, 219(5). https://doi.org/10.5694/mja2.52004

Conflict of interest / acknowledgment statement:

N/a