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Australia

Wait times halved, gag binned for state euthanasia laws

WHAT ARE THE PROPOSED CHANGES TO VICTORIA’S VOLUNTARY ASSISTED DEATH LAWS?

* Doctors can remove the “gag clause” by raising the issue of voluntary assisted dying for terminally ill patients

* Health practitioners who conscientiously object to assisted dying are required to provide minimum information to patients

* Life expectancy access rule increased from six months to 12 months for all conditions

* Elimination of the requirement for a third medical evaluation for neurodegenerative patients who are usually home or bedridden at the time of admission and are given a life expectancy of 6 to 12 months

* Reduce the time between the first and second access request from nine days to five days

* Granting access to people who have lived in Australia for three or more years, even if they are not yet citizens or permanent residents

* Compassion exemption for Victorian residents so that people with “strong ties” and certain residents in NSW and SA can access the program

* Updated practitioner eligibility rules to make it easier for qualified physicians to participate

* Simplifying permits and creating new administrative enforcer role to expand workforce

* Allowing interpreter flexibility where accredited interpreters are not available is an issue in rural and regional areas

* Prohibit conflicts of interest so that practitioners cannot be program beneficiaries or family members of people accessing the program

* The laws are expected to take approximately 18 months to come into force

* They will be reviewed after three years of operation and every five years thereafter

WHY ARE CHANGES BEING MADE?

* Victoria’s original laws, which passed parliament in 2017 and came into force in 2019, have been reviewed five years later

* Review finds improvements needed to help healthcare practitioners guide patients

WHO CAN APPLY FOR ASSISTED DEATH IN VICTORIA?

* Adults with progressive, terminally ill disease and life expectancy of less than six months or within the last 12 months for neurodegenerative diseases

* Suffering should be considered “unbearable”

* They must be of sound mind

* Must have lived in Victoria for at least 12 months and be an Australian citizen or permanent resident

HOW DOES THE SYSTEM WORK NOW?

*Patients must submit three clear requests

*Patients will be evaluated by two experienced doctors, at least one of whom is a specialist.

* Approved will be allowed for lethal drugs that must be self-administered

* Doctors will be allowed to prescribe medication, but only if the patient is physically incapacitated

* Doctors do not need to be present when patients give medication

* An independent review board oversees every step of the process

* The coroner is notified that each death and death certificate entry is a “voluntary assisted death.”

MISUSE PENALTIES

* If someone violates a self-government permit they could face life imprisonment

* Anyone who persuades a person to request an assisted death could face up to five years in prison and large fines

* Doctors who recommend assisted dying to patients face professional misconduct investigation

* Since 2019, 1683 Victorians have used voluntary assisted dying services.

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