Voluntary assisted dying in Queensland and New South Wales: the facts

Who is eligible: Queensland

According to Queensland Health, a person must meet all five criteria ³⁴.

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  An eligible condition. A disease, illness or medical condition that is advanced, progressive and expected to cause death within 12 months, and that causes suffering the person considers intolerable ³⁴.

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  Decision-making capacity. The person must be able to understand the nature and effect of decisions about voluntary assisted dying, make them freely and voluntarily, and communicate them. Capacity is presumed unless there is evidence otherwise ³⁴.

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  Acting voluntarily. Without coercion ³⁴.

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  Age. At least 18 years old ³⁴.

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  Residency. The person must meet residency requirements ³⁴.

Who is eligible: New South Wales

According to NSW Health, a person must meet all of these criteria ³⁸.

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  Age and residency. An adult who is an Australian citizen, a permanent resident, or has been resident in Australia for at least three continuous years, and has lived in New South Wales for at least 12 months when the first request is made. A residency exemption may apply ³⁸.

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  An eligible condition. At least one disease, illness or medical condition that is advanced and progressive, will likely cause death within six months, or within 12 months for neurodegenerative diseases such as motor neurone disease, and causes suffering that cannot be relieved in a way the person considers tolerable ³⁸.

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  Decision-making capacity. Capacity in relation to voluntary assisted dying ³⁸, throughout the entire process ³⁹.

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  Acting voluntarily. The person’s own choice, not because of pressure or duress ³⁸.

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  An enduring request. The request must be enduring ³⁸.

Dementia and decision-making capacity

The process in Queensland

As described by Queensland Health ³⁵.

1. 1

   The person asks a medical practitioner for access to voluntary assisted dying. A practitioner who declines must point the person to other practitioners or services. One who accepts, and is authorised, becomes the coordinating practitioner ³⁵.

2. 2

   The coordinating practitioner assesses eligibility. A second, consulting practitioner then makes an independent assessment ³⁵.

3. 3

   The person makes a written second request, signed in front of two eligible witnesses. Witnesses cannot include people who may benefit from the death, owners or managers of the facility, or the coordinating or consulting practitioner ³⁵.

4. 4

   The person makes a final request. At least nine days must pass between the first and final requests, unless both practitioners believe the person is likely to die or lose capacity in that time ³⁵.

5. 5

   The coordinating practitioner makes a final review, confirming decision-making capacity and that the person is acting voluntarily ³⁵.

6. 6

   Self-administration is the default. Administration by a practitioner, in front of a witness, is available only if the coordinating practitioner advises that self-administration is not suitable. The person appoints a contact person, and the substance is supplied only through the state pharmacy service ³⁵.

7. 7

   The person can stop the process at any time up until administration ³⁵.

The process in New South Wales

Who may raise the subject

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  Queensland. Only medical practitioners and nurse practitioners can start a discussion about voluntary assisted dying, and only if they also tell the person about treatment options and palliative care options and their likely outcomes ³⁶.

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  New South Wales. Healthcare workers can start a discussion, but only as part of a broader discussion about treatment and palliative care options. Medical practitioners must talk about palliative care and treatment options; other healthcare workers must make sure the person knows those options exist ⁴⁰.

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  When a resident asks (New South Wales). All healthcare workers may answer questions and give information to a person who raises the subject, within their level of expertise, or refer them to the senior treating clinician or the Care Navigator Service ⁴⁰.

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  When a resident asks (Queensland). Queensland Health advises practitioners to listen and respond respectfully, avoid discussing eligibility unless it is within their scope of practice, and record the conversation in the medical record ³⁶.

Conscientious objection

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  Queensland. A practitioner may decline to take part, but must give the person information that enables them to access voluntary assisted dying ³⁶.

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  New South Wales. Healthcare workers with a conscientious objection may refuse to take part, but should not obstruct the person’s process or access to information. It is against the law for a treating medical practitioner to withdraw other services ⁴⁰.

What residential aged care facilities must do

From the ELDAC legal fact sheet for residential facilities, current at November 2025. These obligations apply to facilities in both states that do not themselves provide voluntary assisted dying ⁴¹.

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  Not hinder a resident’s access to information about voluntary assisted dying ⁴¹.

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  Allow a registered health practitioner and other relevant people reasonable access to the facility to give information ⁴¹.

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  For permanent residents, allow a medical practitioner access for consultations, or arrange transfer if that practitioner is not available ⁴¹.

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  Allow the substance into the facility, and allow the practitioner and witness involved in administration to have access ⁴¹.

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  Tell the public that the facility does not provide voluntary assisted dying, for example on its website ⁴¹.

Where to get accurate information

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  Queensland Voluntary Assisted Dying Support Service (QVAD-Support). 1800 431 371, qvadsupport@health.qld.gov.au ³⁷.

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  NSW Voluntary Assisted Dying Care Navigator Service. 1300 802 133, NSLHD-VADCareNavigator@health.nsw.gov.au, Monday to Friday, 8:30am to 4:30pm, excluding public holidays ⁴⁰.