Is VAD legal in every Australian state and territory?

VAD is now legal in all six Australian states, each under its own legislation with somewhat different eligibility criteria and processes. The Northern Territory and Australian Capital Territory have their own separate legislative situations — check your state or territory's specific VAD scheme for current status and requirements, since detail differs by jurisdiction.

How long does the VAD assessment process usually take?

The process involves multiple independent medical assessments and mandatory waiting periods, which combined typically take at least several weeks at minimum, though this varies by state and individual circumstances. Some states have provisions to expedite the process if the person is expected to die very soon.

Can my doctor refuse to discuss VAD with me?

Yes — healthcare practitioners have a right of conscientious objection and are not required to participate in the VAD process. If your treating doctor objects, they are generally required to inform you of your right to access information elsewhere, such as via your state's dedicated VAD care navigator service or helpline.

Is VAD access available via telehealth?

This varies and has been legally complex, since Commonwealth law restricts use of telehealth (specifically the carriage service) to discuss suicide-related matters, which has created uncertainty around VAD telehealth consultations specifically. Check with your state's VAD care navigator service for the current practical arrangements in your area.

← Home End-of-Life Information

Voluntary Assisted Dying (VAD) in Australia

Voluntary Assisted Dying is when a person with a serious medical condition chooses medical assistance to end their life. It is legal in most Australian states, with strict eligibility criteria. This page provides factual information about VAD, the process, palliative care options, and where to find support — for patients, families, and carers.

Important: This page provides general information only. VAD laws differ between states and are subject to change. For specific legal and medical advice, speak with your doctor or contact your state health department. If you or someone you know is in emotional distress, call Lifeline 13 11 14 (24/7).

Where Is VAD Legal?

As of December 2025, VAD is legal in most Australian states. The Northern Territory does not currently have VAD legislation.

State / Territory	Status	More Information
Victoria	Legal	Better Health Channel
Western Australia	Legal	HealthyWA
Tasmania	Legal	Tas Health
South Australia	Legal	SA Health
Queensland	Legal	QLD Health
New South Wales	Legal	NSW Health
ACT	Legal	ACT Health
Northern Territory	Not available	—

Who Is Eligible?

Eligibility criteria are strict and vary slightly between states. In general, a person must:

Be 18 or older and an Australian citizen or permanent resident.

Have lived in the state for at least 12 months.

Have decision-making capacity — the ability to understand and make informed choices about VAD.

Have a serious medical condition that is advanced, progressive, and expected to cause death — generally within 6 months (or 12 months for neurodegenerative conditions). In Queensland, the timeframe is 12 months.

Be experiencing suffering that is unbearable and cannot be relieved in a way the person considers tolerable.

Make the request voluntarily — without pressure or coercion from anyone.

A disability or mental illness alone does not make someone eligible for VAD. People with advanced dementia are generally unable to access VAD because decision-making capacity is required throughout the process.

The Process

The VAD process has built-in safeguards at every step. While details vary by state, the general process is:

1. First request. You ask your doctor about VAD. In some states, doctors cannot raise VAD with you — you need to ask them.

2. First assessment. Your doctor assesses whether you meet the eligibility criteria.

3. Second assessment. A second, independent doctor also assesses your eligibility.

4. Written request. You submit a formal written request for VAD.

5. Final request. You make a final request, confirming your decision.

6. Administration. The VAD substance is either self-administered (you take it yourself) or practitioner-administered (given by a doctor), depending on your choice and state laws.

You can withdraw your request at any time — even after assessments are complete.

Palliative Care

Palliative care focuses on relieving pain and improving quality of life for people with serious illness. It is available alongside VAD — choosing one does not mean giving up the other. Many states require doctors who discuss VAD to also provide information about palliative care options.

Palliative Care Australia

National peak body. Information about palliative care services, what to expect, and how to access support in your area.

1800 660 055Mon–Fri

palliativecare.org.au

Advance Care Planning

Whether or not you are considering VAD, advance care planning lets you document your values and wishes for future medical care. An advance care directive is a legal document that guides your treatment if you can no longer make decisions yourself. Note: you cannot request VAD in an advance care directive, because VAD requires ongoing decision-making capacity.

Advance Care Planning Australia

Free resources to help you create an advance care directive. Includes state-specific forms and guides.

1300 208 582Mon–Fri

advancecareplanning.org.au

Support Services

VAD Care Navigators

Several states have dedicated VAD Care Navigator services to help you understand VAD, find participating doctors, and navigate the process. Contact your state health department or visit Go Gentle Australia to find your state's service.

gogentleaustralia.org.au

Griefline

Free support for anyone experiencing grief, loss, or loneliness — including grief related to end-of-life decisions and VAD. Provides specific resources for coping with grief after VAD.

Griefline 1300 845 7458am–8pm AEST

griefline.org.au

Lifeline

24/7 crisis support and emotional assistance for anyone in distress.

Lifeline 13 11 1424/7

Carer Gateway

Support for family members and carers, including counselling, respite, and practical assistance.

Carer Gateway 1800 422 737Mon–Fri 8am–5pm

Support for Family and Carers

End-of-life decisions affect everyone close to the person. It is common for family members to have different views about VAD, and that is okay. Support is available whether you agree with the decision or not. Your own doctor can provide referrals to counselling, and Griefline offers specific resources for coping with grief after VAD.

AskMyGP

Free Australian health tools & information

What am I eligible for? How Medicare works Prepare for your GP visit What to bring to your appointment More free tools at askmygp.com.au →

Information only, not medical advice.

Sources

healthdirect Australia — Voluntary Assisted Dying (reviewed March 2025)
Go Gentle Australia — VAD in Your State
Palliative Care Australia
Advance Care Planning Australia
QUT End of Life Law — Voluntary Assisted Dying
State health department links verified December 2025.