Miss Julia Matteo1
1The University Of Adelaide, Australia
Biography:
I am final year Law (Honours) student and recent Health and Medical Sciences (Advanced) graduate from the University of Adelaide. I am currently completing my Honours thesis, which is a comparative analysis between South Australia’s statutory approach and Victoria’s policy approach to regulating institutional conscientious objections to voluntary assisted dying.
Abstract:
The legal landscape concerning voluntary assisted dying (VAD) has evolved significantly in Australia in recent years, with every state since 2017 enacting their own VAD legislation. While all Australian states permit institutions such as hospitals, hospices and residential aged care facilities to conscientiously object to any VAD-related activity from occurring on their premises, the approach the states have taken to regulate institutional conscientious objections (ICOs) to VAD varies greatly. For example, Victoria, Tasmania and Western Australia have regulated ICOs to VAD through a series of policy documents whereas South Australia, Queensland and New South Wales have regulated ICOs to VAD through their respective VAD legislation.
Since the Restoring Territory Rights Act 2022 (Cth) passed the Federal Parliament in December 2022, the Northern Territory (NT) and the Australian Capital Territory (ACT) have begun enacting their own VAD legal frameworks. This thesis examines whether the NT and ACT should follow South Australia’s statutory approach or Victoria’s policy approach in regulating ICOs to VAD. By conducting a comparative analysis between these two approaches, this thesis argues that South Australia’s statutory approach achieves a more harmonious balance between respecting an institution’s right to conscientiously object to VAD, while at the same time ensuring a patient is not prevented from accessing the VAD pathway. The findings of this research will provide valuable insights for policymakers in the NT and ACT when they enact their own VAD legislation in the near future.