country profile
Assisted Dying in Australia 
A look at the legal status of assisted dying across all states and territories in Australia.
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 with less than 6 or 12 months to live. The law allows for self-administration or doctor administration. The ACT does not require a prognosis of 6 or 12 months
Australia is divided into six states and two territories
All Australian states and the Australian Capital Territory have passed legislation which legalizes assisted dying.
● Legal / Decriminalized ● Pending / Proposed ● Illegal
Summary
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.
All Australian states and the Australian Capital Territory (ACT) have passed legislation which legalises assisted dying. The Northern Territory is the only jurisdiction which has not yet passed legislation, despite their unique history as being the first jurisdiction in the world to pass such legislation in 1996. This law was overturned by the Federal government the following year. In August 2022, 25 years later, this federal law was overturned, enabling the two Territories to debate assisted dying.
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; and New South Wales (NSW) on November 28, 2023. Australian Capital Territory (ACT) November 2025.
New South Wales
In May 19 of 2022, the Voluntary Assisted Dying Bill passed the NSW Parliament and became law. The law came into effect in November 2023.
To be eligible 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.
- You must have at least one disease, illness or medical condition that:
- is advanced, progressive,
- will, on the balance of probabilities, cause your 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 you consider tolerable.
- You must have 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 For More Info (World Federation Member)
South Australia
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.
VAD commenced in SA on January 31, 2023
South Australian VAD Act 2020
Click to view the full bill.
The bill was largely modelled on the law in Victoria.
- 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.
- It is also 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.
- As in Victoria, there must be two doctors making independent assessments of any requests for voluntary assisted dying.
- Likewise, as per 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.
- 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 for More Info (World Federation Member)
Queensland
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.
The law allows 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, to seek medical assistance to hasten their death. Two independent doctors must assess the eligibility and mental competency of applicants and that they are acting free from coercion.
The Queensland law is similar to all other VAD laws in Australia, which are all modelled on the Victorian VAD Act passed in 2017. Queensland also 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.
Visit Dying with Dignity Queensland Inc. For More Info (World Federation Member)
Victoria
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.
The VAD law with its 68 safeguards is known as the most conservative VAD law in the world. Amognst 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.
Voluntary Assisted Dying Law 2017.
Click to view the full bill.
To apply for VAD, the following criteria must be met:
Applicants must be:
- Victorian residents ( have lived in Victoria for at least 12 months)
- aged over 18
- capable of making decisions in relation to voluntary assisted dying
The disease must be:
- diagnosed by two doctors
- advanced, progressive and will cause death
- terminal
- causing intolerable pain (suffering in a way that “cannot be relieved in a manner the person deems tolerable”)
- The 2025 law amendments moved prognosis time to 12 months; the previous bill had a shorter 6 months for terminal and 12 months for neurodegenerative conditions like motor neuron disease.
Visit Dying with Dignity Victoria For More Info (World Federation Member)
Tasmania
In Tasmania, an assisted dying law was approved in 2021. The End of Life Choices Act has come into effect on the 23rd of October 2022. Tasmania is the third Australian state to have VAD legislation.
To be eligible under the Tasmanian law, the person must have 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.
The person must also be experiencing persistent suffering linked to their condition that they find intolerable.
End of life choices act 2021.
Click to view the full bill.
Visit Dying with Dignity Tasmania For More Info ( Not a World Federation Member)
Western Australia
Western Australia was the second state after Victoria to pass assisted dying legislation.
The Bill cleared its final hurdle in Western Australian parliament on Tuesday 10 December 2019. On Thursday 1 July 2021 the law has entered into force. End June 2021, reports suggested that only a handful of medical practitioners in Western Australia have taken up the training required to help terminally ill people end their lives.
Voluntary Assisted Dying Act 2019
Click to view the full bill.
The law legalizes assisted dying for the terminally ill.
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.
Visit Dying with Dignity Western Australia for More Info (World Federation Member)
Australian Capital Territory
On 5 June 2024 the ACT Legislative Assembly passed the ACT Voluntary Assisted Dying bill. The vote was 20 in favour, 5 against. The new law became active on the 3 November 2025
There is no prognosis period built into the ACT law – simply put – an applicant must have and advanced and progressive medical condition that is expected to cause death and is causing intolerable suffering
If someone has a disability or mental illness they 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 to access voluntary assisted dying under the law. A disability can only make eligible if they also meet all of the eligibility criteria.
The full law can be found on the ACT Government website
Visit Dying with Dignity ACT for more info (World Federation Member)
Northern Territory
The Northern Territory passed the Rights of the Terminally Ill Bill 2026 on the 28th August 2026
To be eligible, 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.
Two independent doctors trained in voluntary assisted dying must assess these criteria. A review board oversees each case.
Health professionals also 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.
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 Territories Voluntary Euthanasia Society for information (World Federation Member )
Members
Our Australian Member Organisations
We currently have 63 are members of the World Federation, with 6 based around Australia.
