VAD nationally adopted
On 27 August 2026 an historic vote by Northern Territory (NT) Parliament restored end-of-life choice for Territorians, with the passing of the Rights of the Terminally Ill Bill 2026.
Once the NT law becomes operational in 18 months’ time, all eligible terminally ill Australians will have choice at their end-of-life.
It is an historic moment nationally, and a way overdue restoration of rights for Northern Territorians, after their original Rights of the Terminally Ill (ROTI) Act 1995 was overturned by Kevin Andrew's commonwealth veto via his Euthanasia Laws Bill 1997, cited as one of the most egregious acts against democracy since The Dismissal, and Territorians have never forgiven or forgotten.
This veto was only overturned with the passing of the federal Restoring Territory Rights Bill 2022.
The ACT Voluntary Assisted Dying Act 2024 quickly followed - taking the NT from being first in the world to have assisted dying, to being the only jurisdiction left in Australia without it.
To be eligible to access VAD in the NT a person must be an adult acting freely and without coercion; and be diagnosed with an incurable disease, illness or medical condition that:
- is advanced, progressive and is expected to cause death within 12 months
- is causing suffering that the person considers to be intolerable.
They must be capable of making decisions in relation to VAD and communicate those decisions throughout the assessment process; and be an Australian citizen or permanent resident who has lived in the territory for at least 12 months, or who has been granted a residency exemption.
The challenge ahead
The bad news is that, against expert advice including from their own VAD Inquiry Committee, the NT Government insisted on including a 12-month prognosis time frame and gag cause, both widely discredited. The gag clause means doctors and health practitioners are not able to raise VAD as an end-of-life option with their patients. This clause was removed from the Victorian legislation in their two-year legislative review as it acts as a barrier to equitable access to VAD. Fortunately, the NSW VAD legislation does not have this gag clause.
The NT legislation also has a 12-month prognosis timeframe for all terminal conditions. This compares to the NSW legislation that has a six month prognosis timeframe for all conditions except neurodegenerative illnesses that have a 12 month prognosis timeframe. The ACT VAD legislation operating since November 2025, has no prescribed prognosis time frame so it is up to the person to determine when to access VAD. To be eligible for VAD in the ACT the person must have an advanced and progressive medical condition that is expected to cause death and is causing persistent, intolerable suffering. Removing time till death prognosis is patient-centred and best practice. It is something we would like to see adopted in all states, including NSW.
The NT Parliament also refused to amend conscientious objection clauses that would have prevented religious institutions from obstructing VAD in their facilities. As the legislation stands, these facilities are not even required to provide minimum information to patients requesting VAD (such as the number of the Care Navigator Service).
Former CLP Chief Minister Marshall Perron who had carriage of the original 1995 bill has publicly expressed his anger and disappointment, saying this bill is "a step backwards" for Territorians end-of-life choices and unnecessarily obstructive compared to its predecessor.
The new bill has a three year statutory review period (after implementation date) and advocates will continue to work to have these obstructive clauses amended.
Tribute to both longstanding and new VAD advocates in the NT
DWD NSW sincerely congratulates the Northern Territory on the return of assisted dying rights, and pays tribute to the many tireless advocates who have pursued its restoration for thirty years.
We salute long term campaigners, including Marshall Perron and the Northern Territory Voluntary Euthanasia Society, especially its President Judy Dent, whose husband Bob was the first person in the NT to use the short lived 1995 VAD law (a world first).
We also thank Council of the Ageing Northern Territory CEO Sue Shearer, Go Gentle Australia, including founder Andrew Denton, CEO Dr Linda Swan, Steve Offner and Frankie Bennett, MLA Justine Davis, Independent Member for Johnston, who chaired the NT VAD Working Group convened by our Board Director, Suzanne James, and Dr Tanzil Rahman, Northern Territory Country Liberal Party MLA who was head of last year's NT VAD Inquiry and who fought his own party's line in favour of removing the 12 month and gag clauses, and for greater accountability for objecting institutions.
We wish the Northern Territory the best of luck for implementation, and stand with them as we continue to advocate for the removal nationwide of time frames, gag clauses and institutional obstruction of people's lawful end-of-life care.