A new report has found that the majority of Victoria's residential aged care providers do not provide clear and transparent information about the legal option of voluntary assisted dying (VAD), with some eligible residents missing out on their end-of-life choice as a result.
This report finds that, despite VAD being available in Victoria since 2019, 90 per cent of residential aged care providers in the state do not offer VAD access to their residents, or do not offer any public information about the level of VAD access.
This means terminally ill older residents and their families can find out too late that they are required to move elsewhere if they wish to access VAD.
Voluntary Assisted Dying in Residential Aged Care Homes: A National report card, by Go Gentle Australia in partnership with OPAN, is being launched at the Ageing Australia National Conference today.
Go Gentle CEO Dr Linda Swan said the results called into question how some providers are complying with the requirements of state VAD law or with their duties under the new Aged Care Act, effective 1 November 2025.
The Aged Care Quality and Safety Commission, the federal regulator of aged care, is explicit that eligible residents have the right to choose to access VAD; even where the provider has made the decision not to participate in the VAD process.
"The results in this report are disturbing. Older people have a legal right to know about VAD, where it is available and what support will be offered at the end of life,'' Dr Swan said.
"This report strongly suggests that this is not standard practice in Residential Aged Care but it must rapidly become so."
Dr Swan said she had heard of frail and sick aged care residents being forced to move to another care home to access VAD. She had also heard from residents who only learnt about VAD when it was too late, as well as families who are angry that their loved one suffered unnecessarily.
"Older people have a legal right to know their options at the end of life, including VAD. And they have a right to know this information before they choose the facility that will become their home.
"They can rightly expect that the people who run residential aged care facilities will adhere to statutes and guidelines put in place to protect their choices and consumer rights."
OPAN CEO Craig Gear said older people deserved clear, upfront information about VAD to ensure their dignity and rights were upheld.
"Residential aged care is someone's home. This is not about taking a position for or against VAD – it's about giving older people and their families the clarity they need at a deeply personal time.
"In rural and regional areas, moving to access VAD can be harmful and unrealistic. Clear information from providers helps older people avoid distressing, unnecessary transfers.
"'OPAN will keep working with providers and regulators to lift transparency and support best practice - so older people can make informed decisions and have their choices respected."
Dr Swan said the purpose of the report was twofold: to investigate what information providers make available to the public about VAD access, and to encourage transparency so that older Australians can make informed choices about their care.
"Our intention in publishing these findings is not to condemn residential aged care providers, but to encourage and support the sector, highlight best practice and work constructively with providers so older Australians can have the clear, accurate and accessible information they need."
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