Voluntary assisted dying remains a complex moral, ethical and legal issue.
When this article was originally written, Queensland had not yet introduced a voluntary assisted dying scheme. That position has since changed.
Queensland now has legislation allowing eligible people to access voluntary assisted dying under a regulated legal framework. The Voluntary Assisted Dying Act 2021 (Qld) established the scheme, with the main provisions commencing on 1 January 2023.
The introduction of voluntary assisted dying has not ended the broader ethical debate. Questions about autonomy, suffering, palliative care and protecting vulnerable people remain important considerations.
What is voluntary assisted dying in Queensland?
Voluntary assisted dying is a lawful end-of-life option available to eligible people who satisfy the requirements established by Queensland legislation.
The Voluntary Assisted Dying Act 2021 (Qld) establishes the legal framework for accessing voluntary assisted dying and sets out eligibility requirements and safeguards.
The legislation provides that a person may access voluntary assisted dying only after completing the required request and assessment process. The Act also requires the person to meet specific eligibility criteria.
You can read the current Voluntary Assisted Dying Act 2021 (Qld) on the Queensland Legislation website. Queensland Health also provides information about voluntary assisted dying in Queensland.
What are the arguments in favour of voluntary assisted dying?
Those in favour of voluntary assisted dying typically argue that it can provide people with greater autonomy and choice at the end of life.
Two common arguments include:
- Autonomy and end-of-life options: people should have a degree of control over important decisions concerning their own end-of-life care.
- Reducing suffering: voluntary assisted dying may provide an option for eligible people who experience suffering they consider intolerable.
These arguments focus on personal autonomy, dignity and the choices available to people approaching the end of their lives.
What are the arguments against voluntary assisted dying?
Those who oppose voluntary assisted dying raise a range of ethical and practical concerns.
Common arguments include:
- Palliative care: modern palliative care can provide important treatment and support for people approaching the end of life.
- The slippery slope: some people are concerned that creating a legal right to access voluntary assisted dying could lead to broader changes in the future, including the development of involuntary euthanasia.
- Pressure on vulnerable people: there are concerns that a person who depends on others may feel pressure to access voluntary assisted dying because they fear becoming a financial or emotional burden.
These concerns form an important part of the broader debate about how the law should balance personal autonomy with the protection of vulnerable people.
What safeguards apply to voluntary assisted dying in Queensland?
Queensland’s voluntary assisted dying legislation includes safeguards intended to ensure that only eligible people can access the scheme and to protect vulnerable people from coercion and exploitation.
The Voluntary Assisted Dying Act 2021 (Qld) requires a person seeking access to voluntary assisted dying to satisfy specific eligibility requirements. These include requirements relating to the person’s medical condition, decision-making capacity, voluntary decision-making and age.
For example, the Act provides that an eligible person must have a disease, illness or medical condition that is advanced, progressive and expected to cause death within 12 months and that is causing suffering the person considers intolerable.
The person must also have decision-making capacity in relation to voluntary assisted dying and act voluntarily and without coercion.
Queensland Health provides further information about the eligibility criteria for voluntary assisted dying.
The legislation also establishes a structured request and assessment process involving medical practitioners and other safeguards.
Why is voluntary decision-making important?
There are obvious difficulties in ensuring that decisions about the end of a person’s life are truly voluntary.
A person may experience pressure from many different sources. They may worry about their family, their finances or the emotional and practical burden associated with serious illness.
For this reason, safeguards around capacity, consent and coercion are an important part of the Queensland legislative framework.
The Voluntary Assisted Dying Act 2021 (Qld) specifically identifies protecting vulnerable people from coercion and exploitation as one of the purposes of the legislation.
What does the Queensland law mean for end-of-life choices?
The introduction of voluntary assisted dying means that Queenslanders now have a legislated option that did not exist when this article was originally written.
However, voluntary assisted dying is only one part of the broader conversation about end-of-life care.
People approaching the end of life may consider a range of options, including medical treatment, palliative care and other forms of support.
The Queensland legislation itself recognises the importance of providing people approaching the end of life with high-quality care and treatment, including palliative care.
The debate therefore involves more than whether voluntary assisted dying should exist. It also involves questions about how the law should operate, how safeguards should work and how vulnerable people can receive appropriate protection.
The debate should not be rushed
Voluntary assisted dying involves difficult moral, ethical and legal questions.
The arguments for and against the scheme reflect competing considerations about autonomy, dignity, suffering, medical care and the protection of vulnerable people.
Queensland has now established a legal framework for voluntary assisted dying. However, the broader debate about how society approaches death and dying continues.
Any discussion of voluntary assisted dying should therefore consider both the choices available to individuals and the safeguards required to protect those who may be vulnerable.
Frequently asked questions about voluntary assisted dying in Queensland
Is voluntary assisted dying legal in Queensland?
Yes. Queensland’s voluntary assisted dying scheme operates under the Voluntary Assisted Dying Act 2021 (Qld). The main provisions of the Act commenced on 1 January 2023.
Who can access voluntary assisted dying in Queensland?
Only people who satisfy the eligibility requirements under Queensland’s legislation can access voluntary assisted dying. The requirements include criteria relating to the person’s medical condition, decision-making capacity, voluntary decision-making and age.
Queensland Health provides further information about who may be eligible for voluntary assisted dying.
Does Queensland law protect vulnerable people from coercion?
Yes. Protecting vulnerable people from coercion and exploitation is one of the stated purposes of the Voluntary Assisted Dying Act 2021 (Qld). The legislation establishes safeguards and requirements that apply to the request and assessment process.
Is voluntary assisted dying the same as euthanasia?
The terminology used in Queensland legislation is “voluntary assisted dying”. The Queensland legislation establishes a specific legal framework governing access to voluntary assisted dying and the circumstances in which it may occur.
When did voluntary assisted dying become legal in Queensland?
Queensland’s Voluntary Assisted Dying Act 2021 (Qld) commenced its main provisions on 1 January 2023. Queensland Health explains that voluntary assisted dying became available to eligible Queenslanders from that date.
Understanding the current Queensland position
When this article was first written, Queensland had not introduced legislation permitting voluntary assisted dying. The law has since changed.
Queensland now has a regulated voluntary assisted dying scheme with eligibility requirements, an assessment process and safeguards designed to protect vulnerable people.
Despite that change, the ethical questions raised by voluntary assisted dying remain complex. The arguments surrounding autonomy, suffering, palliative care and protection from coercion continue to deserve careful consideration.
If you require legal advice about an estate, Will or another aspect of your end-of-life planning, contact Wakerley Legal to discuss your circumstances.