Regulating voluntary assisted dying practice: A policy audit from Victoria, Australia

Dr Eliana Close1, Professor Ben White, Professor Lindy Willmott

1Australian Centre For Health Law Research, Queensland University of Technology, , Australia

This presentation reports on findings from a comprehensive review of publicly available policies on voluntary assisted dying (‘VAD’) in Victoria, Australia. It is part of a 4-year Australian Research Council Future Fellowship study on optimal regulation of voluntary assisted dying.

The Voluntary Assisted Dying Act 2017 (Vic) came into force on 19 June 2019, after an 18-month implementation period. During this period, the Victorian Government, professional organisations, and health care institutions placed considerable emphasis on the critical role that policy would play in regulating VAD when the Act was passed. However, to date, no literature has investigated the prevalence and content of policy documents addressing VAD in Victoria.

This study aimed to identify and analyse all publicly-available policies on VAD in Victoria, defining ‘policy’ as a written document that aims to steer the flow of events or behaviour. Using a systematic and iterative search strategy, 53 policies were identified, issued by a range of policymakers. The policies were thematically analysed and five themes were identified.

Overall the study found that, apart from the Victorian Government policies, there was a general lack of practical guidance for VAD provision and many of the policies focused on ‘positioning’ in relation to VAD. These findings suggest policymakers are still grappling with how to respond to VAD as a new and controversial part of medical practice. This research has implications for other Australian jurisdictions that have recently legalised, or are considering legalising VAD, as they consider how to approach implementation.


Biography:

Dr Eliana Close is a Lecturer in the Australian Centre for Health Law Research at the Faculty of Business and Law, Queensland University of Technology. She is currently seconded to a Postdoctoral Research Fellowship as part of the Australian Research Council Future Fellowship, Enhancing end-of-life decision-making: Optimal regulation of voluntary assisted dying (2020-2024, headed by Professor Ben White). Eliana is an experienced transdisciplinary socio-legal researcher with a background in law and psychology. Her research is focused on the regulation of end-of-life decision-making, in particular conflicts over life-sustaining treatment, rationing healthcare resources, and voluntary assisted dying.

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