Neera Bhatia & Charles Corke
The Conversation
Originally published 30 MAY 22
Voluntary assisted dying is now lawful in all Australian states. There is also widespread community support for it.
Yet some residential institutions, such as hospices and aged-care facilities, are obstructing access despite the law not specifying whether they have the legal right to do so.
As voluntary assisted dying is implemented across the country, institutions blocking access to it will likely become more of an issue.
So addressing this will help everyone – institutions, staff, families and, most importantly, people dying in institutions who wish to have control of their end.
The many ways to block access
While voluntary assisted dying legislation recognises the right of doctors to conscientiously object to it, the law is generally silent on the rights of institutions to do so.
- While the institution where someone lives has no legislated role in voluntary assisted dying, it can refuse access in various ways, including:
- restricting staff responding to a discussion a resident initiates about voluntary assisted dying
- refusing access to health professionals to facilitate it, and
- requiring people who wish to pursue the option to leave the facility.
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What could we do better?
1. Institutions need to be up-front about their policies
Institutions need to be completely open about their policies on voluntary assisted dying and whether they would obstruct any such request in the future. This is so patients and families can factor this into deciding on an institution in the first place.
2. Institutions need to consult their stakeholders
Institutions should consult their stakeholders about their policy with a view to creating a “safe” environment for residents and staff – for those who want access to voluntary assisted dying or who wish to support it, and for those who don’t want it and find it confronting.
3. Laws need to change
Future legislation should define the extent of an institution’s right to obstruct a resident’s right to access voluntary assisted dying.
