Impact of conscientious objection by health professionals to voluntary assisted dying and possible legislative solutions
Lindy Willmott1, QUT Brisbane 1QUT, Brisbane, QLD, Australia
Abstract
Lindy Willmott, Louise Keogh, Rosalind McDougall, Casey Haining, Ben White
Voluntary assisted dying (VAD) legislation has been enacted in all Australian States and has commenced operation in five of those six states (with New South Wales commencing on 28 November 2023). It is likely that VAD laws will be passed in the Australian Capital Territory in the foreseeable future. The Australian experience reflects the trend internationally with increasing number of jurisdictions legalising the practice.
Under the Australian legislative models, VAD is highly regulated and medical practitioners, in particular, have a pivotal role when patients seek access to VAD. However, VAD is regarded by some health professionals as inconsistent with their personal or professional values, and a process in which they do not wish to participate (either at all or in part). VAD regulation commonly accommodates this by permitting non-participation on the basis of that person’s conscientious objection. Some laws, however, impose some obligations on objecting practitioners in an attempt to support VAD access by patients.
This presentation has two components. Firstly, we will review the available empirical evidence on the impact that conscientious objection by health professionals has had on individuals seeking VAD. We will then review various legislative models, both in Australia and internationally, that regulate conscientious objection. We will explore the extent to which it is possible for legislative responses to balance the ability of a patient to access VAD, a lawful medical service, with the ability of health professionals to conscientiously object to a medical practice that conflicts with their values.
Biography
Lindy Willmott is a Law Professor and member of Australian Centre for Health Law Research at QUT and researches in voluntary assisted dying. She has developed training programs about end of life law for health professionals and mandatory voluntary assisted dying training for participating health professionals. Lindy is a member of Queensland’s Voluntary Assisted Dying Review Board.