Voluntary Assisted Dying (WA)

In Western Australia, voluntary assisted dying (VAD) was legalised in 2021, when the Voluntary Assisted Dying Act 2019 came into effect. This page deals with the laws around VAD in WA.

What is VAD?

Voluntary assisted dying is a scheme that allows an eligible person to choose the manner and timing of their death. Under the scheme, an adult who has a disease or illness that is going to lead to their death and is suffering in a way that cannot be adequately alleviated, can seek help to end their life.

Principles of the Act

The Voluntary Assisted Dying Act 2021 sets out principles, which are to guide those exercising functions under the Act. These include:

• that every human life has equal value
• that a person’s autonmomy should be respected
• that a person has the right to be supported to make informed decisions about their medical treatment
• a person approaching the end of their life should be given high quality care and treatment to minimise their suffering and maximum their quality of life
• that there is a need to protect person who may be subject to abuse or coercion.

Who is eligible for voluntary assisted dying?

To be eligible for VAD in WA, a person must be:

• over 18
• an Australian citizen or permanent resident who has lived in WA for at least 12 months
• a person who has been diagnosed with a condition that is progressive and is likely to cause their death within six months (or within 12 months if the condition is neurodegenerative) and is causing suffering that cannot be releived in a way that is tolerable
• has decision-making capacity
• acting voluntarily
• a person who has an enduring request for acces to the VAD scheme

A person is not eligible for VAD on the basis of disablity of mental illness.

Process for accessing VAD

When a person applies to acces VAD, an assessment will be conducted. If they are eligible, they will be informed about the risks of VAD and that they can can discontinue the process at any time.

An independent assessment must then be conducted by a consulting medical practitioner. If they confirm that the person is eligible, a written declaration, final reuqest and final review will be conducted.

The person may decide to self-administer the substance or to have a doctor administer it. If a doctor administers the drug, this must be done in the presence of a witness who must attest that the patient requested voluntary assisted dying freely and voluntarily. If the patient self-administers the substance, they can choose the time and place and who may be present.

Under WA law, a person who dies by VAD does not die by suicide.

Criminal offences

There are criminal offences relating to voluntary assistned dying. These are contained in Part 6 of the Voluntary Assisted Dying Act 2021.

Offences under the Act include the following.

Administer a prescribed substance under the Act without authority

This offence carries a maximum penalty of life imprisonment.

Induce a person to request or access VAD

This offence occurs when a person dishonestly, or by undue influence or coercion, induces a person to request or to access VAD. This offence is punishable by a maximum penalty of seven years imprisonment. If the offence is dealt with in the Magistrates Court, the maximum penalty is three years imprisonment or a fine of $36,000.

Induce another person to self-administer a prescribed substance

This offence occurs when a person dishonestly, or by undue influence or coercion, induces a person to self-administer VAD. This offence attracts a maximum penalty of life imprisonment.

Give false or misleading information in relation to a requirement, purpose, form or document under the Act

A person who knowingly gives false information in relation to anything done under the Act is guilty of an offence punishable by seven years imprisonment. If the matter is dealt with by a magistrate, the maximum penalty is three years imprisonment or a fine of $36,000.

Advertise a substance listed in a schedule of the Act as a VAD substance

A person who advertises a poison listed under the Act as a VAD substance commits an offence punishable by imprisonment for three years or a fine of $36,000.

Fail to return a prescribed substance that is not used

If the contact person in relation to the supply of a substance fails to return any part of the substance that is unused after:

• the patient dies; or
• the decision to prescribe the substace is revoked

the person commits an offence punishable by up to 12 months imprisonment.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.