5 - The Challenging Path to Voluntary Assisted Dying Law Reform in Australia

Summary

In 1995, the Northern Territory, the smallest of Australia’s states and territories, was the first jurisdiction in the world to enact operative legislation allowing voluntary euthanasia (as it was then called). This legislation was short-lived, being overturned by the Commonwealth government approximately nine months after it commenced operation. Since that time, and despite over forty attempts in all Australian states but one, voluntary assisted dying remained unlawful in Australia. But this changed when Victoria passed its Voluntary Assisted Dying Act 2017 (Vic) in November 2017, which became operative in June 2019. This chapter explores the Victorian experience as a successful model for voluntary assisted dying law reform. The reform process, led by the government with the personal support of key politicians was thorough, methodical and considered, and was undertaken in a staged way with extensive consultation. This approach may prove to be a successful formula for legislative reform in a country where ongoing and high-level public support for change has been met by equivalent ongoing political resistance to reform.