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Note from the Editor:
This article was kindly written for the SDC by retired psychologist/ member @Joy Straw.

This article has been written to draw attention to very new legislation, Voluntary Assisted Dying (VAD), that has only just been passed throughout Australia. This topic is not for everyone, so please choose whether you want to read it or not. These are not my personal opinions; these are current legislative facts. This article is meant to open discussion, so that if we’re ever faced with a terminal illness or life-threatening condition, we may have some understanding of what can happen to us. Legislation was passed by individual states and territories. VAD schemes have been in effect in the following states: Victoria since 19 June 2019, Western Australia since 1 July 2021, Tasmania 23 October 2022, Queensland since 1 January 2023, South Australia since 31of January 2023 and New South Wales 28 November 2023.

For this article, we will look at the legislation related to New South Wales. Other states and territories have their legislation listed under their local government, but they are very similar.

What is Voluntary Assisted Dying?

Assisted dying (VAD) is the legal treatment option that allows people with terminal illnesses to request medical assistance to end their life legally.

You can discuss your options with your GP. Image Credit: Shutterstock

Eligibility:
To be eligible, a person must:

1. Have an advanced disease or medical condition and know that this will cause their death within 6 months (or 12 months for neurodegenerative diseases)
2. Be experiencing suffering that cannot be relieved in a way that’s acceptable to them
3. Be an adult 18 years or over

Process:
To access VAD, a person must

• Undergo a request and assessment process
• Make three separate requests
• Be assessed by two doctors

Medication:
The person can take the medication themselves or have it administered by a healthcare practitioner.

Asking for medical help to die is not considered suicide under the law.

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[IAN3005]

No..... does not include people who wish to die... you have to have something wrong with you before you can avail yourself to the service... too many hoops to jump though.

 

[TD]

Regarding VAD, I have had 2 very close friends this year, 1 dear male friend 75, and another dear female friend 68. Both had very aggressive cancer. They were both free for a number of years and then returned. They both had their families with them as they took their last breath. A very sad experience for both their families. My husband and I really felt their sadness. May they now both RIP.

 

[Zuki]

We do not need permission to be born. Why do we need permission to die. Are we to be grateful the people who are already reaching the end of their life in pain are allowed to shorten their agony.?
What arogance!

 

[Donna May]

I am 78 & have a problematic Pancreas. After investigation & biopsies the diagnosis was that the largest cyst involved in the process MAY become cancerous at a later date. Not much can be done for Pancreatic cancer but there is surgery where IF successful the patient involved would be bedridden with the need for 24 hour care. The Specialist & I spoke for some time & he asked what would I do? My reply was - VAD as I personally feel that I have seen too many friends & family die of different cancers. He looked at me & said you certainly know what you want!! One lovely girlfriend was diagnosed with Leukemia , underwent radical chemo. went through this easily & was in remission until monthly blood tests revealed the return of the cancer. She was told over the phone that there was no further treatment for her condition. Her demise came very quickly & she was rushed to hospital & left to wait in a corridor & died there alone. Another friend also had this cancer & went for chemo 4 times & eventually said "no more". I, as an individual cannot bear the thought of firstly putting myself through this treatment or allow my family to see me like that & would follow every paper trail to ensure of aid VAD. My family know of my descision & at least I have the ability to do this & I have no fear of dying. My opinions are my own.

 

[Mustang GT]

I am sure if VAD was around when my family members and friends were dying of cancer that is the way they would have chosen, it is heartbreaking to see them slowly wasting away. Thoughts are with you and your family in the decision you have made, I'm sure it is the right one.

 

[Gunpark]

Both my wife and I signed health directives many years ago. My wife passed on almost three years ago from a dysfunctional Aota valve. She had polio as a kid which left her disabled and for the last few years of her life was in a wheelchair as the post-polio really started to affect her. She started to lose strength is her upper arms and shoulders. She was admitted to hospital and transferred to a hospital four hours away where she passed away. I have no doubt in my mind she asked to be left alone by the Doctors.

 

[Penny4]

Patients can fill out the 'Do Not Resuscitate' form. My elderly mother signed the form, but it didn't eventuate for her.

 

[Reet]

Thank you Joy, this article explains what we needed to know.

 

[Reet]

I am 78 & have a problematic Pancreas. After investigation & biopsies the diagnosis was that the largest cyst involved in the process MAY become cancerous at a later date. Not much can be done for Pancreatic cancer but there is surgery where IF successful the patient involved would be bedridden with the need for 24 hour care. The Specialist & I spoke for some time & he asked what would I do? My reply was - VAD as I personally feel that I have seen too many friends & family die of different cancers. He looked at me & said you certainly know what you want!! One lovely girlfriend was diagnosed with Leukemia , underwent radical chemo. went through this easily & was in remission until monthly blood tests revealed the return of the cancer. She was told over the phone that there was no further treatment for her condition. Her demise came very quickly & she was rushed to hospital & left to wait in a corridor & died there alone. Another friend also had this cancer & went for chemo 4 times & eventually said "no more". I, as an individual cannot bear the thought of firstly putting myself through this treatment or allow my family to see me like that & would follow every paper trail to ensure of aid VAD. My family know of my descision & at least I have the ability to do this & I have no fear of dying. My opinions are my own.

I hope for your sake that you have signed a "Do Not Resusitate" form so that when it really gets unbearable for you the doctor can confirm that you do not want to go on in that state.

 

[Rosi Gordon]

Patients can fill out the 'Do Not Resuscitate' form. My elderly mother signed the form, but it didn't eventuate for her.

Unfortunately the DNR from one admission to a hospital is invalid for the next admission. It needs to be resigned every time your mother needs to be in hospital. If she is not capable then you need to be legally able to speak for her and while she can sign a letter setting out the DNR she wants so you can do it for her. I would get information directly from the hospital she attends so you can get the proper information on where she stands with the DNR. I worked in an emergency department in a NSW hospital and ask why there was so many DNR and that was the reason, they have to sign one on each admission.

 

[Rosi Gordon]

Don't know why you have to be expected to die within 6 months to get this, if you are terminally ill then that means you are not going to survive. Why let a family watch as their loved one deteriates slowly over time when the patient can spare themselves and the family this heartbreak. This should be allowed once it is determined the patient is terminal.

 

[Zuki]

This is eye-watering!
Thanks for letting us know. Any more hoop to jump one needs to know?

 

[Zuki]

Can someone please let us know what brilliant minds that come with these binding ideas? Please let us also have their names so we can remember them in our prayers!

 

[Penny4]

Unfortunately the DNR from one admission to a hospital is invalid for the next admission. It needs to be resigned every time your mother needs to be in hospital. If she is not capable then you need to be legally able to speak for her and while she can sign a letter setting out the DNR she wants so you can do it for her. I would get information directly from the hospital she attends so you can get the proper information on where she stands with the DNR. I worked in an emergency department in a NSW hospital and ask why there was so many DNR and that was the reason, they have to sign one on each admission.

My mother was in the Qld Public System and she signed it with the specialist emergency doctor and it went on her medical file. She was in and out of that same emergency hospital, but never needed to sign another consent form. Perhaps it's different in Qld. She passed away at home last year at 89.

 

[Starry]

My husband was offered VAD. It isn't easy, and 2 specialist doctors did interview him wishing VAD. I had no part in this procedure. My husband had a 3 year battle, with Cancer, which was inoperable. He had 3 years of Chemo and never complained. The offer of VAD was granted and he was given a date 6 days after on the Thursday through a port in situ from his Chemo. 5 days before the VAD he took his last breath, with no more pain in his own home with Nursing staff and family around him. As the Specialist Doctor explained to me, with the date offered, he relaxed and died peacefully at home. When the time comes for me, I have written in my will that I want the same treatment with no heroic actions to keep me alive. I spent 42 years as a Registered Nurse in all areas and watched many patients take their last breath. Not for me or my Husband.

 

[MariaG]

When my hubby and I drew up our wills, we included the level of care directives that were to be brought forth at any place we were admitted. The treating facility has to, by law, adhere to the wishes of the patient.
My darling John was in so much pain towards the end, he said to the doctors...enough....enough.
He had the DNR order, as well as how far intubation processes were to go. He did not want to be a lump in a bed, kept alive with tubes and not communicating with anyone.
As he last few days passed by, he was given pain killers when he wanted (not on a schedule), and was at peace. He saw our sons, their partners, his brother and myself. He smiled his last glorious smile. 5 minutes later he was gone.
It was peaceful, painless and as he wanted.
My suggestion to anyone who is procrastinating, do the paperwork. Don't leave it up to your loved ones to have to make the decision for you. It gave my John peace of mind, as it would for anyone making their final choice known to all.