From 1 January 2023, voluntary assisted dying laws will come into effect in Queensland and it’s essential that all providers understand how this will affect them.
Under Queensland’s new Voluntary Assisted Dying Act 2021 (the Act), providers and workers are not required to provide voluntary assisted dying services.
However, there are legal obligations for providers and workers, regardless of whether they choose to provide these services.
What is voluntary assisted dying?
Voluntary assisted dying law will give people an additional end-of-life choice allowing them to choose the timing and circumstances of their death. To be eligible, a person must be:
diagnosed with a life-limiting condition,
suffering intolerably; and
dying.
What are a provider’s obligations?
Under the Act, providers are not required to provide voluntary assisted dying services.
However, all providers, regardless of whether they choose to provide these services, are required to:
comply with their legal obligation to not hinder a person’s access to information or services related to voluntary assisted dying; and
publicly disclose if they do not provide such services, so that people may choose another provider.
The Act seeks to balance the interests of a person seeking access to voluntary assisted dying with the interests of a provider who does not want to provide these services.
Providers should also ensure that their employees and contractors understand their obligations.
The exact obligations may vary based on a number of factors, such as whether the person is a permanent resident at a facility or where they are in the voluntary assisted dying process.
What are a worker’s obligations?
Health or aged care workers can choose not to participate in voluntary assisted dying. However, registered health practitioners are required to:
inform the person that other healthcare workers, health service providers or services may be able to assist them, and
provide information about where the person can get further information or support.
I don’t operate in Queensland. How does this affect me?
Other States have passed similar laws. These laws vary from State to State. If you operate in other States or multiple States, you should take care to ensure you are complying with the rights laws and should seek legal advice if you are unsure of your obligations.
How can we help?
Kinny Legal can help you navigate these new legal obligations by:
Advising you or your organisation about your rights and obligations under the Act, whether you choose to provide these services or not.
Helping establish appropriate policies, procedures and documentation to ensure that your organisation complies with its obligations.
Providing assistance in the event of a dispute relating to voluntary assisted dying.
To find out more about how we can help, call us on 02 9199 4563 or email info@kinnylegal.com.
This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you. Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.
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