Dying with Dignity NSW recommends that you know your medical rights, especially in relation to end-of-life care. Below is a summary of what is currently legal and illegal in Australia and some links where you can find more detailed information.
Voluntary assisted dying - now legal in NSW
After nearly 50 years of lobbying by Dying with Dignity organisations around Australia all states have passed and implemented laws to legalise voluntary assisted dying (VAD).
The NSW Voluntary Assisted Dying Act was passed in May 2022 and came into effect on 28 November 2023.
The ACT parliament passed a VAD law in June 2024 which will come into effect in November 2025. Unfortunately it seems that progress on a VAD law in the Northern Territory has stalled.
The Australian VAD laws are conservative and limited to mentally competent people with a terminal illness and either 6 or 12 months to live (depending on the state and the illness). In all cases eligibility must be assessed by two specially trained VAD doctors.
For more detailed information about the VAD law in NSW see our page on the NSW VAD legislation.
For general information see our VAD FAQ page
Other legal rights
Refusal or cessation of treatment
You have the right to refuse any unwanted, painful or futile medical treatment, even if doing so will cause or contribute to your death. The same applies to ceasing any treatment you are already receiving.
Many people are aware that they can choose not to be resuscitated or kept alive with machines, however you can legally refuse any other form of treatment. For example, refusing or ceasing:
- chemotherapy or radiation treatment
- breathing assistance or oxygen
- nasogastric or PEG feeding
- kidney dialysis
- blood transfusions
- surgery
- any medication
Refusal of treatment can be provided for in an Advance Care Directive in which you can express your wishes about your future medical care in the event that you are unable to speak for yourself. You can also appoint another person to act on your behalf in making decisions about your medical care (see more below).
Any person (including a healthcare professional) who provides any medical treatment to a person without consent could be liable under civil or criminal law (eg. charged with assault) or be subject to disciplinary action.
Refusal of food and liquids
Refusing food and drink leading to death from starvation and dehydration is also legal. This can also be provided for in an Advance Care Directive (see more below).
Doctrine of “double effect”
A doctor may administer large doses of pain-relieving drugs, even though this may hasten death as long as the primary intention of the doctor is to relieve a patient's end-of-life pain or suffering. However this is administered at the discretion of the doctor and is not something that a patient can request either in person or via an Advance Care Directive.
‘Palliative’ or ‘terminal’ sedation
It is possible for a doctor to put a person into a state of unconsciousness so they become unaware of their suffering. It is generally only administered in the very last days of life at the discretion of the doctor and is not something that a patient can request either in person or via an Advance Care Directive.
Although it is an accepted palliative care practice it is still considered controversial by some doctors who consider it a type of euthanasia and refuse to provide it.
Advance Care Directive (ACD)
An Advance Care Directive is a legally binding document setting out a person’s wishes for their end of life care in the event that they are unable to speak for themselves (eg. if they are unconscious or suffering dementia).
However, it is not possible to request any particular treatment (such as voluntary assisted dying) in an ACD. It is limited to refusal or cessation of treatment (see above).
Despite this, ACDs are very important part of end-of-life planning and can prevent unwanted or futile treatments and prolonging of life. An ACD is binding on healthcare professionals and your Enduring Guardian or substitute decision maker.
For more information and sample documents see our pages on Advance Care Planning.
Substitute decision maker or Enduring Guardian
It is possible to appoint one or more trusted people as your Enduring Guardian with legal authority to make decisions about your medical care if you are unable to speak for yourself. The guardian(s) can make any decision that you are legally allowed to make for yourself (such as refusal or cessation of treatment). If you have an Advance Care Directive your guardian must comply with the directives you have made.
Appointment of an Enduring Guardian is a binding legal document and the guardian(s) can override any decisions made by other people (such as family members) so it is important to think carefully about who you wish to be your guardian(s) and ensure that they are aware of your end-of-life wishes and understand their responsibilities.
It is not possible for an Enduring Guardian to request voluntary assisted dying on your behalf.
For more information and sample documents see our pages on Advance Care Planning.
What is illegal in Australia now?
Assisting a suicide
Suicide or attempted suicide is no longer a crime in Australia. However it is illegal to aid or abet another person to suicide or attempt suicide.
Assisting a death by voluntary assisted dying
It is a crime to assist someone to die outside the strict legal framework of the voluntarily assisted dying laws.
Disseminating suicide-related material via a ‘carriage service”
It is a criminal offence to disseminate material that encourages or provides instructions for suicide using a ‘carriage service’ which includes the internet, email, phone, or any other electronic communication service.
For more information
For information about VAD in NSW see our pages Voluntary assisted dying in New South Wales and VAD FAQs.
Please see our Advance Care Planning page for information about planning for your end-of-life and sample forms for creating an Advance Care Directive and appointment of an Enduring Guardian.
To find out more about the legal issues around end-of-life care and decision-making see the excellent website of the Australian Centre for Health Law at the Queensland University of Technology. We encourage you to visit this site for reliable and up-to-date information.