Voluntary Assisted Dying And Advance Care Planning In Queensland: What You Need To Know
Planning for the end of life involves some of the most important decisions a person will ever make. In Queensland, end-of-life decision-making is governed by a clear legal framework that recognises personal autonomy in medical care, and in specific circumstances permits voluntary assisted dying.
While these concepts are often discussed together, voluntary assisted dying and advance care planning are legally distinct and operate in very different ways. Understanding how they intersect (and where they don't) is essential for anyone considering their end-of-life options.
Let's explore how voluntary assisted dying operates in Queensland, how it differs from advance care planning, and what role advance health directives and enduring powers of attorney can (and cannot) play.
In This Article:
Can You Request Voluntary Assisted Dying In An Advance Health Directive?
Can a Substitute Decision-Maker Request Voluntary Assisted Dying?
How Do Advance Health Directives And Voluntary Assisted Dying Interact?
What If Capacity Is Lost During The Voluntary Assisted Dying Process?
Why Advance Care Planning Still Matters Regardless of Your End-of-Life Choices
What Is Voluntary Assisted Dying In Queensland?
Voluntary assisted dying allows an eligible adult with decision-making capacity, who is suffering from an advanced and terminal condition, to request medical assistance to end their life.
In Queensland, voluntary assisted dying has been available since 1 January 2023 and is governed by strict eligibility criteria and safeguards under the Voluntary Assisted Dying Act 2021 and Voluntary Assisted Dying Regulation 2022.
To be eligible, a person must generally:
be 18 years or older
be an Australian citizen or permanent resident
have lived in Queensland for at least 12 months
be diagnosed with a disease, illness or medical condition that is:
incurable and irreversible
advanced and progressive
expected to cause death within six months, or 12 months for neurodegenerative conditions
be experiencing suffering that cannot be relieved in a way the person considers tolerable
have decision-making capacity at every stage of the VAD process
be acting voluntarily and without pressure
Importantly, a person cannot access voluntary assisted dying solely because of mental illness or disability.
What Is Advance Care Planning?
Advance care planning is relevant for all adults, regardless of age or health status.
It involves thinking about, discussing and documenting your wishes for future health care if you lose decision-making capacity. These documents only operate when you are unable to make your own medical decisions.
Advance care planning gives clarity and guidance to your family, your substitute decision-makers, and your treating doctors. It helps ensure your values and preferences are respected if you cannot speak for yourself.
Key Advance Care Planning Documents In Queensland
Advance Health Directive (AHD)
An Advance Health Directive is a legally-binding document under the Powers of Attorney Act 1998 (Qld).
An AHD can:
give directions about future health care
refuse life-sustaining treatment in specific circumstances
appoint an attorney for health matters
An AHD only operates while you have impaired decision-making capacity for the relevant health matter.
For directions refusing life-sustaining treatment to apply, strict criteria must be met, including that:
you have a terminal or irreversible condition and are expected to die within 12 months; or
you are in a persistent vegetative state; or
you are permanently unconscious; or
you have an illness or injury requiring ongoing life-sustaining treatment to survive
You must also have no reasonable prospect of regaining decision-making capacity.
Enduring Power of Attorney (EPOA)
An Enduring Power of Attorney (EPOA) is a legally-binding document that allows you to appoint someone to make decisions on your behalf if you lose capacity.
An attorney for health matters:
can only act when you lack capacity
must make decisions in accordance with your directions, values and best interests
cannot make decisions about voluntary assisted dying
Statement of Choices
A Statement of Choices is a non-legally binding document that records your values, wishes and preferences for future health care.
It:
is not legally binding
does not provide advance consent to treatment
is often used alongside an AHD to guide doctors and family
Can You Request Voluntary Assisted Dying In An Advance Health Directive?
No.
While you may express a personal preference for voluntary assisted dying in your advance care planning documents, the law does not allow this request to be acted upon.
A request for voluntary assisted dying:
must be made personally
must be made while you have decision-making capacity
must occur at each stage of the VAD process
Because an AHD only operates once capacity is lost, it cannot be used to request or authorise voluntary assisted dying.
Can a Substitute Decision-Maker Request Voluntary Assisted Dying?
No.
A substitute decision-maker, including an attorney appointed under an enduring power of attorney, cannot request voluntary assisted dying on your behalf.
Voluntary assisted dying is strictly limited to people who have decision-making capacity, make the request themselves, and continue to confirm their decision throughout the process
How Do Advance Health Directives And Voluntary Assisted Dying Interact?
Advance health directives and voluntary assisted dying serve different legal purposes.
An AHD:
applies only when capacity is lost
allows for the refusal or withdrawal of life-sustaining treatment
involves passive end-of-life decisions
Voluntary assisted dying:
is only available while capacity is retained
requires active, ongoing consent
allows a person to choose the timing and circumstances of their death
Because of this, an AHD does not prevent a person from accessing voluntary assisted dying, provided they meet the eligibility criteria and have capacity at the time.
What If Capacity Is Lost During The Voluntary Assisted Dying Process?
Queensland’s voluntary assisted dying laws contain strict safeguards.
A person must have decision-making capacity:
when making each request
during medical assessments
at the time the medication is administered
If a person loses capacity before completing the process, they are no longer eligible to proceed.
A person may also withdraw from the VAD process at any time, change their mind without explanation, and decline to proceed even after approval.
Why Advance Care Planning Still Matters Regardless of Your End-of-Life Choices
Even if a person supports or intends to explore voluntary assisted dying, advance care planning remains essential.
Because of the nature of voluntary assisted dying, for many people an Advance Health Directive serves as the primary tool guiding end-of-life care. It clearly documents their wishes and instructions for medical treatment, appoints trusted decision-makers, and ensures that their values and preferences are respected even if they lose the capacity to make decisions for themselves.
Getting Legal Advice In Queensland
End-of-life planning involves complex legal, medical, and ethical considerations, and it is essential that documents are properly prepared, witnessed, and tailored to your individual circumstances to be effective.
At RHC Solicitors, we assist clients with advance health directives, enduring powers of attorney, broader estate and succession planning, and provide clear, practical advice on how Queensland law operates in real-life situations.
If you would like guidance on advance care planning or voluntary assisted dying, contact RHC Solicitors today or book an appointment below, and ensure your wishes are clearly documented and legally protected.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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