When voluntary assisted dying (VAD) finally became legal in New South Wales on November 28, 2023, after passing Parliament in May the year before, advocates were relieved the hard-won reform was up and running. But they were anxious about how well it would operate.
The same forces who seek to block access to legal abortion and fought same-sex marriage have also tried to deny the relief of VAD to terminally ill patients.
Supporters were, therefore, relieved that the first year of VAD worked safely and effectively, as it is across the country (with the exception of the Northern Territory).
The ACT passed VAD in mid 2024 and it comes into force from November 3.
NSW Health has delivered accessibility and patient-centred care with a comprehensive NSW Health website and VAD support services across all 15 NSW health areas, which have access, practitioner, care navigation and pharmacy services.
The NSW VAD Board Report 2023–2024, released last November 29, provides data from November 28, 2023, to June 30. Over that period, 398 terminally ill people died using VAD.
Penny Hackett, president of Dying With Dignity (DWD) NSW, told Green Left the report shows that 85% of VAD applicants are receiving palliative care — a higher proportion than other states.
“We’ve always believed that VAD and palliative care are complementary practices and the NSW results bear this out: people want and need both.”
The data shows that VAD in NSW is operating as it does in other states with a majority of applicants being in their 70s and dying of cancer.
Hackett has spoken to many applicants, families and practitioners involved in VAD over the last 13 months. She said it’s clear the long-overdue laws are meeting the challenge and she has had a lot of positive feedback.
“We’ve been overwhelmed with stories of the incredible care and support given by the VAD Care Navigators, VAD practitioners and Pharmacy Service.
“They include those who have died by VAD and those who’ve suffered the terrible disappointment of being found ineligible, who lost capacity during the process or who died before receiving approval.”
Hackett said the VAD Board has approved several residency exemptions and regularly meets at short notice to authorise expedited applications.
There is also a VAD Access Service that travels to assess patients in areas without VAD practitioners or where there is overflow demand.
DWD NSW also provides volunteer witnesses for VAD applicants, having already trained more than 100 volunteers who witnessed more than 80 written VAD declarations in the first 12 months.
DWD NSW hosted an online celebration last November 28 to mark its 50th anniversary.
Attendees reflected on the long fight to legalise VAD, progress that has been made in end-of-life autonomy and improvements that are still needed.
These include legislative amendments to address the Telehealth ban, addressing access for people with dementia and supporting the restoration of Northern Territory VAD rights.
The online event was attended by supporters and advocates, including: Andrew Denton from Go Gentle Australia; Alex Greenwich, Independent Sydney MP; Wade Stedman, Senior ICU Specialist and Clinical Lead VAD with NSW Health; and Julie Letts, bioethicist and NSW VAD Support Services Director.
DWD NSW has also launched a new fundraiser for a Death Literacy Project to, as Hackett said, “raise awareness of the vital need for open and honest conversations about death and dying and end-of-life planning [including VAD].
She said DWD NSW has now employed a part-time community organiser to run the VAD Witness program and to begin work on the Death Literacy Project.
Advocates across the country remain committed to restoring VAD rights in the NT, improving equity of access to VAD and to protect end-of-life rights from being politicised by conservative and religious lobby groups.