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Assisted dying in Australia

A look at the legal status of assisted dying across all states and territories in Australia.

Where the law stands
Legal
Since
2017
Who can ask
Adults (18+)
Condition
Terminal (6–12 months; none in ACT)
Residency
Residents Only

What you need to know.

  • VAD in Australia

    Australia uses the term Voluntary Assisted Dying (VAD) to describe the law which allows the provision of medical assistance to die to a terminally ill person expected to die within 6 or 12 months, depending on the state. The law allows for self-administration or doctor administration. The ACT sets no prognosis period.

  • States and Territories

    Australia is divided into six states and two territories. Every state and territory has passed legislation which legalises assisted dying. The Northern Territory’s law is not yet in operation.

  • Useful Link

    Factsheet: VAD Legislation in Australia by Jurisdiction →

Summary

Legal Since 2017

Australia uses the term Voluntary Assisted Dying (VAD) to describe the law which allows the provision of medical assistance to a terminally ill person for self-administration or medical administration of a drug which will cause their death.

States and territories

Australia is divided into six states and two territories and, similar to the USA, each state and territory must pass their own law.

Every state and territory has now passed legislation. The Northern Territory was the last, passing the Rights of the Terminally Ill Bill 2026 on 27 August 2026; its scheme is being set up and access is expected in 2028. The Territory was also the first jurisdiction in the world to pass such a law, the Rights of the Terminally Ill Act 1995, which operated from July 1996 until the federal Parliament overrode it in March 1997. That federal ban on the territories was lifted by the Restoring Territory Rights Act 2022, which received assent in December 2022.

Victoria’s Voluntary Assisted Dying Act, passed in 2017, was the first of the current laws. VAD commenced in Victoria on June 19, 2019; Western Australia (WA) on July 1, 2021; Tasmania on October 23, 2022; Queensland on January 1, 2023; South Australia (SA) on January 31, 2023; New South Wales (NSW) on November 28, 2023; and the Australian Capital Territory (ACT) in November 2025.

How the law came about.

  1. 1995–1996

    Northern Territory

    The Rights of the Terminally Ill Act 1995 is passed, the first assisted dying law in the world. It comes into force on 1 July 1996.

  2. 1997

    Overturned

    In March 1997 the federal Euthanasia Laws Act overrides the Northern Territory law.

  3. June 2019

    Victoria

    VAD commences in Victoria, the first Australian state to have an assisted dying law.

  4. July 2021

    Western Australia

    VAD commences in Western Australia.

  5. December 2022

    Territories

    The Restoring Territory Rights Act 2022 receives assent, repealing the federal ban and allowing the two territories to legislate.

  6. October 2022

    Tasmania

    VAD commences in Tasmania.

  7. January 2023

    Queensland and South Australia

    VAD commences in Queensland on January 1 and in South Australia on January 31.

  8. November 2023

    New South Wales

    VAD commences in New South Wales.

  9. November 2025

    Australian Capital Territory

    VAD commences in the ACT.

  10. August 2026

    Northern Territory

    The Northern Territory passes the Rights of the Terminally Ill Bill 2026 on 27 August 2026. Access is expected in 2028 once services are in place.

Across Australia.

State by state.

  • New South Wales

    Legal Since 2023

    On 19 May 2022, the Voluntary Assisted Dying Bill passed the NSW Parliament and became law. The law came into effect in November 2023.

    Voluntary Assisted Dying Act 2022
    Residency
    A person must have been a permanent resident of Australia or have resided in the country for at least 3 years, with the previous 12 months in NSW.
    Condition
    At least one disease, illness or medical condition that is advanced and progressive; will, on the balance of probabilities, cause death within six months (or 12 months for neurodegenerative diseases such as motor neurone disease); and is causing suffering that cannot be relieved in a way the person considers tolerable.
    Capacity
    Decision-making capacity in relation to voluntary assisted dying.

    Like other jurisdictions in Australia, there is a process that must be stepped through in order to access VAD. These are laid out in this document provided by DWD New South Wales.

    Visit Dying with Dignity New South Wales (World Federation Member) for more info →

  • South Australia

    Legal Since 2023

    On June 24, 2021, South Australia (SA) became the fourth Australian state to pass a VAD law. The bill received Royal Assent on August 24, 2021, and VAD commenced in SA on January 31, 2023.

    Voluntary Assisted Dying Act 2021

    The bill was largely modelled on the law in Victoria.

    Click to view the full bill →

    Prognosis
    Only those with an advanced disease likely to cause death within six months – or 12 months for neurodegenerative diseases – are eligible to be part of the process.
    Age and residency
    Only open to those older than 18 who have been living in the state for at least a year and are a permanent resident of Australia.
    Assessment
    As in Victoria, two doctors must make independent assessments of any requests for voluntary assisted dying.
    Conscientious objection
    As in other states, no health practitioner or healthcare provider is obliged to take part in the voluntary assisted dying process in South Australia, and conscientious objectors are legally protected.
    Raising VAD
    It is illegal for a doctor to mention VAD in an end of life treatment plan; however, if a patient mentions VAD, the doctor can then discuss it.

    This is the first piece of Australian VAD legislation to explicitly extend the right of conscientious objection beyond individuals to institutions. In SA, private hospitals will be able to exercise the right but residential aged care facilities will not. This ensures faith-based aged care providers will not be able to stop an eligible person accessing VAD in a residential aged care facility. States which debated VAD after South Australia contain similar provisions in their legislation (Queensland and NSW).

    Visit Voluntary Assisted Dying South Australia (World Federation Member) for more info →

  • Queensland

    Legal Since 2023

    In September 2021, Queensland became the fifth Australian state with a law that regulates assisted dying. The law came into effect in January 2023.

    Voluntary Assisted Dying Act 2021

    Click to view the full bill →

    Eligibility
    Adults who are diagnosed with a terminal illness that will end their life within 12 months, and who are suffering in a way that is intolerable to them, can seek medical assistance to hasten their death.
    Assessment
    Two independent doctors must assess the eligibility and mental competency of applicants, and that they are acting free from coercion.
    Conscientious objection
    Queensland includes provisions allowing institutional conscientious objection. While the institution can refuse to allow VAD on its premises, it must facilitate alternative arrangements if a patient or resident requests VAD.

    The Queensland law is similar to all other VAD laws in Australia, which are all modelled on the Victorian VAD Act passed in 2017.

    Visit Dying with Dignity Queensland Inc. (World Federation Member) for more info →

  • Victoria

    Legal Since 2019

    Victoria was the first Australian state to have an assisted dying law. The bill was approved in 2017 and came into effect in June 2019.

    Voluntary Assisted Dying Act 2017

    The VAD law, with its 68 safeguards, is known as the most conservative VAD law in the world. Amongst the most controversial was a ‘gag clause’ which stopped doctors from introducing the topic of assisted dying with their patients. This brought politicians to introduce an improvement bill in Parliament.

    Click to view the full bill →

    Applicants
    Victorian residents (who have lived in Victoria for at least 12 months), aged over 18, and capable of making decisions in relation to voluntary assisted dying.
    The disease
    Diagnosed by two doctors; advanced, progressive and will cause death; terminal; and causing intolerable pain (suffering in a way that “cannot be relieved in a manner the person deems tolerable”).
    Prognosis
    The 2025 law amendments moved the prognosis time to 12 months; the previous bill had a shorter 6 months for terminal and 12 months for neurodegenerative conditions like motor neurone disease.

    Visit Dying with Dignity Victoria (World Federation Member) for more info →

  • Tasmania

    Legal Since 2022

    In Tasmania, an assisted dying law was approved in 2021. The End of Life Choices Act came into effect on 23 October 2022. Tasmania is the third Australian state to have VAD legislation.

    End-of-Life Choices (Voluntary Assisted Dying) Act 2021

    Click to view the full bill →

    Condition
    An advanced, incurable and irreversible disease, illness, injury or medical condition that is not treatable in a way that the person finds acceptable, and that is expected to cause their death within six months, or within 12 months if the condition is neurodegenerative.
    Suffering
    The person must also be experiencing persistent suffering linked to their condition that they find intolerable.

    Visit Dying with Dignity Tasmania (not a World Federation Member) for more info →

  • Western Australia

    Legal Since 2021

    Western Australia was the second state after Victoria to pass assisted dying legislation. The bill cleared its final hurdle in the Western Australian parliament on Tuesday 10 December 2019, and the law entered into force on Thursday 1 July 2021.

    Voluntary Assisted Dying Act 2019

    The law legalizes assisted dying for the terminally ill.

    Click to view the full bill →

    Raising the option
    One of the important differences between Western Australia’s law and Victoria’s was that doctors and nurses could raise the option of an assisted death with patients during a medical consultation. This ensured people with terminal illnesses are aware of all their options, including treatments, palliative care and assisted dying.

    At the end of June 2021, reports suggested that only a handful of medical practitioners in Western Australia had taken up the training required to help terminally ill people end their lives.

    Visit Dying with Dignity Western Australia (World Federation Member) for more info →

  • Australian Capital Territory

    Legal Since 2025

    On 5 June 2024 the ACT Legislative Assembly passed the ACT Voluntary Assisted Dying Bill, by 20 votes in favour to 5 against. The new law came into effect on 3 November 2025.

    The law

    The full law can be found on the ACT Government website →

    Prognosis
    There is no prognosis period built into the ACT law. Simply put, an applicant must have an advanced and progressive medical condition that is expected to cause death and is causing intolerable suffering.
    Disability and mental illness
    Someone with a disability or mental illness will be able to access assisted dying if they meet all the eligibility requirements. Having a mental illness alone will not make a person eligible, and a disability can only make a person eligible if they also meet all of the eligibility criteria.

    Visit Dying with Dignity ACT (World Federation Member) for more info →

  • Northern Territory

    Law passed; not yet in operation Since 2026

    The Northern Territory passed the Rights of the Terminally Ill Bill 2026 on 27 August 2026. The scheme is being set up and the Territory government expects access to begin in 2028.

    Rights of the Terminally Ill Bill 2026

    Click to view the bill →

    Eligibility
    A person must be 18 years or older and have the capacity to make their own decisions about voluntary assisted dying. They must also be suffering intolerably from a medical condition that is advanced, progressive and expected to cause death within 12 months.
    Assessment
    Two independent doctors trained in voluntary assisted dying must assess these criteria. A review board oversees each case.
    Conscientious objection
    Health professionals have the right to conscientiously object to being involved in any part of the process, such as assessing eligibility or providing the medication, but they must give patients who ask about voluntary assisted dying government-approved information to connect them to the system.
    Other options
    It is possible to stop treatment and to use advance directives in situations where a person is no longer able to communicate. There are also schemes for palliative sedation.

    In 2024 an expert panel recommended the NT draft a VAD law.

    Visit Northern Territory Voluntary Euthanasia Society (World Federation Member) for information →

Our members in Australia.

Member societies of the World Federation working for the right to die in Australia.

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