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The Canberra Times
The Canberra Times
Lucy Bladen

Report shows support for teens being allowed to access voluntary assisted dying, govt says

Human Rights Minister Tara Cheyne. Picture by Keegan Carroll

The ACT is likely to allow people under 18 to access voluntary assisted dying, saying consultation showed strong community support for this.

The territory's voluntary assisted dying laws may not include a requirement for a time frame for an expected death.

Voluntary assisted dying laws are on track to be introduced in the Legislative Assembly later this year.

Human Rights Minister Tara Cheyne has released a report from a consultation into voluntary assisted dying, which took place earlier this year.

The government said nearly 3000 people filled out a survey during the consultation and there were also 106 formal submissions and an extra 366 contributions from community members.

Ahead of the consultation, Ms Cheyne said the government was prepared to consider whether voluntary assisted dying could be available to teenagers and whether a time frame for an expected death is necessary.

The listening report said there was support for these measures.

All Australian states require a person's death to be expected in a certain time frame ranging from six to 12 months.

"We heard that such time frames can unnecessarily limit access to voluntary assisted dying for people who would like to have it as an option, especially because it can become increasingly difficult for people to navigate the voluntary assisted dying process as they become more unwell near the end of their lives," the discussion paper said.

"We also heard evidence, both academic and anecdotal, that it is challenging for health professionals to accurately assess six to 12 month life expectancy, which can contribute to unpredictable and unfair outcomes."

But the consultation also heard from health professionals who felt the time frame restrictions were useful in providing clarity. It was suggested the ACT could follow the Tasmanian model which allows a person to apply for an exemption to the time frame.

The report said there was support for people younger than 18 being able to access voluntary assisted dying.

It said the "Gillick competence" test could be applied, which is used by medical professionals to determine whether a child or young person is able to consent to their own medical treatment.

"Many contributors with views on the issue felt that imposing an age restriction of over 18 years hold is arbitrary, and ignores the reality that teenagers who are suffering intolerably from terminal illness may have decision-making capacity," the report said.

But while the ACT may go further with its voluntary assisted dying laws, Ms Cheyne said the territory would follow models from other states, which she called the "Australian model".

"Specific aspects of the Australian model that were emphasised by contributors were the need for strict eligibility requirements, a thorough request and assessment process and the provision of support and information through a care navigator service, pharmacy service and an independent oversight body," Ms Cheyne told the Assembly.

The report also showed support for allowing people to add voluntary assisted dying in an advanced care directive. This could potentially be used by people suffering with dementia.

The ACT will not add this to the voluntary assisted dying bill but Ms Cheyne said this would be reviewed following the implementation of the scheme.

"Noting the strength of the support in the ACT - and more broadly - we will commit to considering this issue further once our voluntary assisted dying scheme has been in operation for several years," she said.

"This will allow us to assess how the scheme is working for our community, and to learn from expansive consultation and research on the matter."

The ACT's parliament is able to debate assisted dying following a 25-year ban, after the federal government reversed its ban on the territories' ability to legislate a scheme last year.

It is expected voluntary assisted laws will pass the territory's parliament with an overwhelming majority.

Labor and Liberals members will be given a conscience vote on the matter. Greens members are expected to vote in favour of voluntary assisted dying as it's part of the party's policy platform.

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