As part of a high-quality end-of-life care system that respects dignity and supports families, the ACT Government is committed to ensuring voluntary assisted dying remains responsive to the needs of Canberrans.
The ACT Government is undertaking the next stage of work in voluntary assisted dying policy by considering what should happen if a person loses decision-making capacity after the final assessment stage of the voluntary assisted dying process.
To ensure this work reflects community values and evolving clinical practice, a citizens' jury will be established to bring everyday Canberrans together, supported by close engagement with clinicians, legal experts, consumers, carers and advocacy groups.
The citizens' jury will provide recommendations to the ACT Government on how to establish a substitute decision-making process with strong safeguards, enabling people who have expressed a clear wish to access voluntary assisted dying at the end of their lives to have their decision upheld.
This approach will ensure future policy considerations in this space are informed by evidence – including lived experience and early implementation insights – as well as robust community deliberation.
The 2026-27 ACT Budget will invest $3.1 million over two years to support this work. It's an investment that responds to community advocacy while supporting the continued work of the Voluntary Assisted Dying Oversight Board and our skilled and compassionate workforce.
Quotes attributable to Chief Minister, Andrew Barr:
"This work reflects the ACT's commitment to compassionate, patient‑centred end‑of‑life care that respects individual dignity while supporting families and carers. By bringing together a citizens' jury, alongside clinical and legal expertise, we are ensuring that any future reforms are shaped by the values, experiences and expectations of our community.
"We are determined to approach this complex issue thoughtfully and carefully, grounded in evidence, guided by human rights, and informed by those it directly affects, so that our policies continue to meet the needs of Canberrans both now and into the future."
Quotes attributable to Minister for Health, Rachel Stephen-Smith:
"The ACT Government is committed to ensuring Canberrans, now and into the future, continue to have access to high quality palliative and end-of-life care.
"We know there is ongoing community interest in the question of access to voluntary assisted dying for people who lose capacity at the end of their life. No other Australian jurisdiction has yet acted on this issue and our priority is to get this right.
"Any reform must have clear social license and appropriate safeguards. It must be grounded in strong clinical governance and engagement with experts, to ensure it is safe, ethical, and consistent with human rights and community expectations.
"That is why we are putting the community at the centre through a citizens' jury made up of ordinary Canberrans from all walks of life."
Quotes attributable to Attorney-General, Tara Cheyne:
"This is a complex and sensitive issue that raises important human rights, legal and ethical questions. It is also an issue that the community expects the ACT Government to explore.
"Undertaking a careful and consultative approach now means that any future policy is informed, considered and reflects our community's values."
Quotes attributable to Executive Director of Health Care Consumer Association Inc, Lachlan Atyeo:
"The Health Care Consumers' Association welcomes the Government's plan to use a participative democratic process to provide strong, sustained consumer input into policy decisions for this service, to ensure that they are broadly informed, and reflect community attitudes and individual needs.
"The issue of loss of capacity for people who have chosen the Voluntary Assisted Dying pathway was raised by community members and organisations in the ACT during the initial consultation process for this service. The review announced recognises some of these concerns.
"It is essential that the Voluntary Assisted Dying Service is continually advised and reviewed by the community who may choose to use it, to ensure that the service prioritises high quality care, supports consumer choice and control at end of life, whilst embedding strong safeguards against misuse."
Quotes attributable to President of VADANZ (Voluntary Assisted Dying Australia and New Zealand), Dr Andrea Bendrups FRACP:
"Patients must meet exacting VAD legislative requirements to be found eligible for VAD, and if they lose the ability to access this choice at the final stage of their terminal illness it can cause enormous distress for their families and carers.
"VADANZ supports the ACT government's decision to convene a multidisciplinary group to investigate whether there is a safe way in which patients in this predicament, who have been found eligible for VAD, could be allowed to complete the VAD process."
