first published November 20, 2025, Suzanne James Issue 1443, News
NSW Liberal Member of the Legislative Council Susan Carter’s Voluntary Assisted Dying Amendment (Residential Facilities) Bill 2025, introduced on October 15, was defeated on November 19 by 23 votes to 16.
Dr Amanda Cohn, NSW Greens spokesperson for health, said aged care and healthcare advocates welcomed the decision, saying the proposed changes “could have denied elderly people living in faith-based aged care facilities access to voluntary assisted dying in their homes”.
The bill would have given faith-based aged care providers the right to block VAD practitioners from attending aged care residents and force VAD-participating residents to transfer to another facility.
“The bill threatened the health rights of individuals based on the religious views held by facility management,” Cohn said. “Residential aged care facilities are people’s homes. We know that elderly people have limited choice of providers and, in some regional communities, there is only one facility available.
“Moving frail and terminally ill people at the end of their life is far from simple. Most people want to die at home, not in a hospital.
“Changes to access would have meant that anyone living in a faith-based facility, whether they shared that faith or not, would have fewer rights than everyone else. This is completely unjust.”
Cohn said the level of concern across the community had made it clear that hard-won VAD rights must not be eroded. The Liberal’s bill triggered an avalanche of criticism, including from Dying With Dignity NSW as well as legal, medical and seniors’ right groups.
Go Gentle Australia obtained legal advice that the bill was unconstitutional and contravened the new Commonwealth Aged Care Act.
Go Gentle said on social media on November 19 that common sense and compassion had prevailed. “This proposal would have forced people seeking VAD in faith-based aged care to leave their home in their final days — an unspeakably cruel imposition. [This] outcome protects dignity, choice and humanity at life’s end.”
The NSW Voluntary Assisted Dying Act 2022 is due for its first mandated statutory review to start on November 28.
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