On June 24, 2021, in its 17th attempt for over 25 years, South Australia became the fourth Australian jurisdiction to pass Voluntary Assisted Dying (VAD) Legislation.
Assisted dying would be allowed for people aged 18 and over who have been a South Australian resident for at least 12 months, and who are suffering from an incurable and terminal illness, disease, or condition.
Competent critically unwell persons have a right to choose the time and manner of their death. This choice is protected by the constitutional right to privacy.
It proposes guidelines for both prosecutors and courts to ensure that a terminal patient’s decision to end his life is made in a voluntary and competent manner.
The panel’s final report includes 68 safeguards and a requirement that people wishing to die must be a South Australia resident for at least 12 months.
The legislation will next go to the Governor for approval and when it got approved, South Australia will be the fourth state in the country to legalize voluntary euthanasia. It will come into effect in about 18 months.
A terminal diagnosis and a life expectancy of less than 6 – 12 months for a person with a neurodegenerative disease and must be experiencing intolerable suffering that cannot be relieved for a patient to access the procedure.
The legislative law also requires patients to show they have decision-making capability and are competent in informed consent.
Further safeguards would also require a patient to make three separate requests and receive the approval of two independent doctors.
The SA bill is based in Victoria and was the first state to pass assisted dying laws, under the Andrews government in 2017.
Western Australia and Tasmania have also passed legislation in favor of proposed voluntary euthanasia, although the laws have not yet come into effect.