'Significant moment': Voluntary assisted dying bill passes in ACT

The Legislative Assembly passed the bill on Wednesday, exercising a right it had been denied by Federal Parliament for 25 years and bringing to an end a long campaign led by advocates and territory parliamentarians.

The ACT's scheme will become available from November 3, 2025.

A person who has a condition that is "advanced, progressive and expected to cause the person's death" will be eligible for voluntary assisted dying once two health practitioners sign off on access.

ACT Human Rights Minister Tara Cheyne said the legislation would empower those with a terminal illness.

"It is a compassionate option in response to those facing intolerable suffering at the end of their lives which promotes autonomy and dignity," she said.

Chief Minister Andrew Barr said the bill's passage followed years of advocacy.

"This is a significant moment for the ACT Legislative Assembly. It follows years of advocacy from MLAs past and present to restore territory rights," he said.

The ACT is the last Australian jurisdiction to pass voluntary assisted dying laws.

The Northern Territory does not have voluntary assisted dying after its 1995 laws were overturned by the Federal Parliament, and is yet to reintroduce a scheme.

The Commonwealth passed laws to prevent the territories from legislating on the matter in response to the Northern Territory's laws.

The Federal Parliament voted to overturn the ban in 2022, following a long campaign to allow territory parliaments to legislate on voluntary assisted dying.

While the ban was in place, every state parliament passed laws to introduce voluntary assisted dying.

Shortly after the ban was lifted, the ACT government began drafting laws to introduce a scheme, with a consultation period in 2023 before the bill was introduced to the territory's Legislative Assembly in October.

A three-month parliamentary inquiry into the bill made a series of recommendations, including clearer eligibility definitions. The government introduced amendments in response.

The bill passed the Assembly on Wednesday with support from all Labor and Greens members and Liberal members Elizabeth Lee, Leanne Castley, Mark Parton and Nicole Lawder.

Ms Cheyne moved a series of technical amendments on behalf of the government.

Ms Castley, Ms Lee and the Liberals' Ed Cocks all moved amendments to the bill that were defeated.

Labor members were given a conscience vote on the matter but none moved amendments to the government's bill. The Greens did not move any amendments either.

Ms Lee wanted changes to the review of the legislation which is set to take place three years after coming into effect.

The legislation said this review would consider whether a person should be able to access voluntary assisted dying if they have lived in the ACT for less than a year, is a child with decision-making capacity or accessing voluntary assisted dying through advanced care planning.

"Prescribing what the review should consider, could be seen as pre-empting the outcome and removing impartiality," Ms Lee's explanatory statement said.

This was not supported by the government.

Ms Castley unsuccessfully moved amendments to drop criminal penalties for health workers who fail to meet voluntary assisted dying timelines.

Under the original proposed bill, health practitioners were given two working days to lodge reports to the board around voluntary assisted dying milestones.

But the bill has changed this to four business days. However, strict liability offences will remain in place.

The Australian Nursing and Midwifery Federation said, in a submission to the bill's inquiry, the bill did not take staffing shortages into account and the penalties were potentially excessive.

Under the proposed legislation, an individual would face a fine of up to $3200 while corporations face a $16,200 penalty.

"It is readily apparent to me that our workforce and, in particular, our health workforce are, by and large, honourable, hardworking and will endeavour to comply with this bill even if they may disagree with it," Ms Castley said.

"Where there are breaches of the bill, I suspect most will be due to human error, failure of process or genuine mistakes and to have strict liability applied, we've seen an excessive approach to such breaches."

Ms Cheyne said the penalties were included to support the regulatory scheme.

"The policy and intention of including strict liability offences is to support an effective regulatory scheme and to deter unauthorised behaviour," she said.

Mr Cocks also attempted to make changes to conscientious objection.

Providers and practitioners who have a conscientious objection to voluntary assisted dying do not have to participate in the process but they must refer a person elsewhere for access. Mr Cocks' amendments would have removed a requirement for a referral.