A Bill before the NSW Parliament seeks to give faith-based aged care providers the right to prevent residents from accessing Voluntary Assisted Dying (VAD) within their facilities, while still allowing residents to access VAD elsewhere.
Introduced on 15 October by Liberal MLC Susan Carter, the Bill will be debated next Wednesday. It proposes amendments to the Voluntary Assisted Dying Act 2022 to allow religious aged care facilities to conscientiously object to VAD being carried out on their premises.
Under the proposed changes, aged care homes could refuse access to doctors attending residents for matters related to VAD. However, they would still be required to facilitate a resident’s travel to another location where VAD-related care could occur.
Opposition Leader Mark Speakman has backed the Bill, saying aged care homes should have the freedom to move a terminally ill resident if they wish to access VAD and “choose the timing of their death.”
Independent MP Alex Greenwich, who introduced the original VAD legislation in 2021, called for the Bill to be withdrawn, labelling it “cruel and divisive.”
“This cruel and divisive bill has caused internal conflict in the Liberal Party and anxiety amongst people in aged care that they could be kicked out of their home,” Mr Greenwich said.
“It’s time for Susan Carter to do the honourable thing, withdraw her bill, and leave people with terminal illnesses in aged care alone.”
Faith-based provider Calvary Health Care, aligned with the Catholic Church, does not offer VAD services but does not impede residents from accessing them.
VAD laws are now in place across all Australian States and Territories except the Northern Territory, with ACT legislation commencing Monday. In Victoria, reforms before Parliament would allow doctors to initiate conversations about VAD and extend eligibility to those with 12 months to live. Both major parties have a conscience vote, and the Bill is expected to pass the upper house narrowly.
Aged care advocates say that facilities are ultimately a resident’s home, and those choosing to access VAD should be able to do so in familiar surroundings, without being forced to relocate in their final days.
