The Northern Territory will be the last jurisdiction to pass voluntary assisted dying laws.
The Northern Territory government has now introduced its Rights of the Terminally Ill Bill 2026, which will restore the territory’s right to voluntary assisted dying – a development 30 years in the making.
The bill retains the same name as the original 1995 legislation, a nod to its history.
The Country Liberal Party has already said the bill will pass “with majority support”.
Dr Katrine Del Villar, an expert legal advisor on the NT’s VAD final report, said the bill reflects the current Australian model of VAD more than its historical antecedent.
But what does it actually propose?
Clause 16 prohibits a health worker from introducing or suggesting VAD to a terminally ill patient, meaning GPs will be able to discuss it only if first raised by their patient.
End-of-life charity Go Gentle’s CEO, Dr Linda Swan, said the ‘gag clause’ would disadvantage people with lower health literacy or those from non-English-speaking backgrounds.
Conscientious objectors can refuse to take part in the VAD process but must still provide the patient with the information prescribed by regulation on how to proceed if the patient inquires.
Clause 25 will require the first assessment for VAD with a practitioner to be face-to-face. The bill made no mention of remote consultations.
Under the Criminal Code Act, it is illegal to use a carriage service – including telehealth or video calls – to discuss suicide-related matters, which the Commonwealth has maintained can encompass VAD-related discussions.
This rule was first introduced to prevent patients from being coerced, Professor Komesaroff, a physician and member of Monash University’s VAD Research Project, told The Medical Republic.
It’s not only unfounded, he said, but also hampers effective communication between doctors and patients regarding their available options.
It’s a provision introduced by the Howard government that remains unresolved federally and “has proved very difficult to get rid of”, Professor Komesaroff said.
“It’s proved difficult to change because the federal government is always too nervous about getting involved in anything controversial,” he said.
The AMA has also previously opposed the legal caveat, due to its adverse effects on patients in regional and remote communities who struggle to access medical services as easily or cannot travel for face-to-face consultations due to their terminal illness.
In the case of remote NT, patients may need to travel to Alice Springs or Darwin in order to access face-to-face care.
A GP seeking to serve as a coordinating or consulting practitioner must hold a specialist (fellowship) registration with at least one year of practice, or a general registration with at least five years’ practice.
This must be supplemented by completing the approved training, which has yet to be developed.
While all states have implemented training programs to familiarise doctors with VAD law, Professor Komesaroff said recruiting enough GPs and specialists for training would be an “uphill battle”.
Moreover, the medico-legal load is heavy, with a dozen separate parts in the request-and-assessment and administration pathway carrying a strict liability offence for late submissions, including failure to submit a form to the review board within two business days.
The bill features Aboriginal-specific provisions, including mandated Aboriginal representation on the review board, eligibility for Indigenous health practitioners as administering practitioners, and principles respecting Aboriginal end-of-life beliefs.
“The challenge now is to harmonise the legislation so that they’re very similar in all states and have minimal discrepancies,” Professor Komesaroff said.
The bill, set to become law in August, will commence no later than 18 months after its assent.
