Is Assisted Suicide Legal in Australia? Breaking Down Every State’s New Laws (2025 Update)
Voluntary assisted dying is legal in all six Australian states—Victoria, Western Australia, Tasmania, Queensland, South Australia, and New South Wales. The Australian Capital Territory’s law takes effect November 3, 2025, while the Northern Territory remains the only jurisdiction where assisted suicide is still illegal, though legislation is being drafted for introduction in 2026.
Australia uses the term “voluntary assisted dying” rather than assisted suicide, and state laws explicitly distinguish VAD from suicide. This distinction matters legally—especially after a 2023 Federal Court ruling that created a nationwide telehealth ban for assisted dying consultations.
Which Australian States Allow Assisted Suicide?
Every Australian state now operates a voluntary assisted dying scheme, though implementation dates vary significantly:
States with Operating VAD Laws:
- Victoria: Since June 19, 2019 (Australia’s first)
- Western Australia: Since July 1, 2021
- Tasmania: Since October 23, 2022
- Queensland: Since January 1, 2023
- South Australia: Since January 31, 2023
- New South Wales: Since November 28, 2023
Territories:
- Australian Capital Territory: Law passed June 5, 2024; commences November 3, 2025
- Northern Territory: No current law; government announced October 2025 it will draft legislation for conscience vote in 2026
The Northern Territory holds unique historical significance. Between March 1996 and March 1997, voluntary euthanasia was legal under the Rights of the Terminally Ill Act, making it the first jurisdiction worldwide to permit assisted dying. Federal Parliament overturned this law in 1997, banning both the NT and ACT from legislating on euthanasia until December 2022, when the Restoring Territory Rights Act repealed these restrictions.
What Are the Legal Requirements for Assisted Dying in Australia?
Eligibility criteria follow what’s called the “Australian model,” though specific requirements vary by jurisdiction:
Core Eligibility Requirements Across States:
- Must be 18 years or older with decision-making capacity
- Australian citizen or permanent resident
- Resided in the specific state/territory for at least 12 months
- Diagnosed with an advanced, incurable, irreversible medical condition causing intolerable suffering that will cause death within six months (12 months for neurodegenerative conditions)
- Voluntarily requesting VAD without coercion
ACT’s Unique Approach: The ACT differs from other jurisdictions in three key ways: patients don’t need a specific timeframe until expected death, nurse practitioners can serve as one of two assessing health professionals, and patients in institutions objecting to VAD have greater access rights.
Northern Territory Proposed Model: The NT’s proposed legislation recommends no prognosis timeframe requirement—unlike other states requiring six or 12-month life expectancy—for individuals with advanced, progressive conditions expected to cause death and causing intolerable suffering.
Victoria’s Recent Expansion: In October 2025, Victoria introduced legislation expanding eligibility from six to 12 months for all terminal diagnoses (not just neurodegenerative conditions) and removed the “gag clause” that prevented doctors from initiating VAD conversations.
Federal Court Ruling Creates Telehealth Ban Crisis
Australia faces a critical access barrier despite widespread state legalization. In November 2023, Federal Court Justice Wendy Abraham ruled that voluntary assisted dying constitutes “suicide” under the Commonwealth Criminal Code, making telehealth consultations illegal nationwide.
The Legal Problem: Sections 474.29A and 474.29B of the Criminal Code Act 1995 prohibit using “carriage services” (telephone, videoconference, email) to discuss or distribute suicide-related material, with doctors risking $220,000 fines and criminal charges.
Impact on Patients: The prohibition disproportionately affects rural, regional, and remote Australians who rely on telehealth, as well as terminally ill patients too physically debilitated to travel for in-person consultations.
Proposed Solution: Independent MP Kate Chaney introduced a bill in February 2024 to amend the Criminal Code, clarifying that lawful voluntary assisted dying doesn’t constitute suicide for telehealth purposes. The bill hasn’t proceeded to a vote.
The Australian Medical Association called on the federal government in March 2025 to amend the Criminal Code, stating the telehealth prohibition creates “major impact on people living in regional, rural and remote communities”.
What Does Federal Law Say About Assisted Suicide?
Australia’s constitutional structure creates a complex regulatory environment. Euthanasia isn’t a legislative power granted to Federal Parliament under Section 51 of the Constitution, making it a matter for state parliaments rather than federal law.
However, federal law intersects with state VAD schemes in problematic ways:
Historical Federal Intervention: The Euthanasia Laws Act 1997 amended the Northern Territory (Self-Government) Act 1978 and Australian Capital Territory (Self-Government) Act 1988 to explicitly prevent these territories from legislating assisted dying until its repeal in December 2022.
Current Federal Restrictions: The Criminal Code Amendment (Suicide Related Material Offences) Act 2005 criminalizes using telephone, fax, email, or internet services to discuss suicide-related material. This law prompted Victoria’s Health Minister to recommend doctors discuss VAD exclusively in person.
Ongoing Legal Uncertainty: Despite state laws explicitly stating VAD isn’t suicide, federal law creates a “legal grey area” over whether state-authorized voluntary assisted dying constitutes suicide under Commonwealth criminal provisions.
What Are the Criminal Penalties for Assisted Suicide?
In the Northern Territory, where voluntary assisted dying remains illegal, assisting another person to die may result in charges for murder, manslaughter, or assisting suicide.
For states with legal VAD schemes, criminal liability depends on following statutory safeguards:
Healthcare Provider Protections: State VAD laws provide immunity for doctors, nurse practitioners, and other health professionals participating in authorized voluntary assisted dying processes. Unauthorized assistance outside legislative frameworks remains criminal.
Coercion Penalties: All jurisdictions impose severe penalties for coercing individuals into accessing VAD or witnessing VAD requests for personal benefit.
Witnessing Restrictions: Beneficiaries of a person’s will cannot serve as witnesses to VAD requests, with violations potentially resulting in criminal charges.
Recent Court Rulings and Legislative Developments
Carr v Attorney-General (2023) FCA 1500
Melbourne GP Dr. Nicholas Carr pursued Federal Court action to clarify whether Victorian VAD legislation fell under Commonwealth Criminal Code suicide prohibitions. Justice Abraham declared that “suicide” in the Criminal Code applies to ending life through state-authorized voluntary assisted dying.
This ruling created immediate practical consequences. Go Gentle Australia CEO Dr. Linda Swan warned the decision would “compromise VAD access for terminally ill people who cannot travel to in-person consultations,” noting stories of people dying in pain before accessing VAD due to telehealth prohibition delays.
Victoria’s Five-Year Review and Reforms
A mandatory five-year review of Victoria’s Voluntary Assisted Dying Act 2017, tabled in February 2025, found the law “working as envisioned” but identified safeguards that “impede access” for eligible people.
Key proposed reforms include:
- Removing the “gag clause” prohibiting health professionals from initiating VAD conversations
- Requiring conscientiously objecting practitioners to provide minimum VAD information
- Amending citizenship and permanent residency requirements
- Standardizing the timeframe to death to 12 months for all diagnoses (up from six months for non-neurodegenerative conditions)
Victoria’s Voluntary Assisted Dying Review Board reported an unprecedented 837 VAD requests in 2024-25, with 389 deaths—a significant increase from 124 deaths in the first 12 months of operation.
Northern Territory Legislative Progress
In October 2025, the NT Country Liberal Government announced it would draft VAD legislation following a Legal and Constitutional Affairs Committee report recommending adoption of voluntary assisted dying.
The NT’s proposed model differs from other jurisdictions by not requiring a specific prognosis timeframe, focusing instead on “advanced and progressive conditions expected to cause death” causing “intolerable and enduring suffering”.
The Northern Territory faces unique implementation challenges: it’s vast and sparsely populated (250,000+ people across an area five times the UK’s size), with 30% identifying as Aboriginal or Torres Strait Islander, many in remote communities with limited healthcare access.
State-by-State Variations in Legal Requirements
Victoria
- Life expectancy: 12 months (expanded from six months in October 2025)
- Residency: 12 months
- Two independent medical assessments required
- Since 2019, 1,683 people have died using Victorian VAD
Western Australia
First assessment by coordinating practitioner, second by consulting practitioner, both VAD-trained physicians.
Queensland
Life expectancy: Six months (12 months for neurodegenerative disease). Research in mid-2024 revealed many Queenslanders remained unaware VAD was legal despite implementation since January 1, 2023.
New South Wales
Life expectancy: Six months (12 months for neurodegenerative disease). Most recent state to implement VAD, beginning November 28, 2023.
South Australia
Life expectancy: Six months (12 months for neurodegenerative disease). Operating since January 31, 2023.
Tasmania
Life expectancy: Six months (12 months for neurodegenerative disease). Operating since October 23, 2022.
Australian Capital Territory (Commencing November 3, 2025)
Unique feature: No specific timeframe requirement—individuals must be “approaching the end of their life” with an advanced, progressive condition expected to cause death, even if uncertain whether death will occur within 12 months.
Frequently Asked Questions
Does voluntary assisted dying affect life insurance in Australia?
No. Although most life insurance policies exclude suicide claims, Australian laws explicitly state voluntary assisted dying and suicide are different. Death certificates list the person’s illness as cause of death, not voluntary assisted dying.
Can I access VAD at home in Australia?
There are no guarantees, depending on circumstances and local services. However, people often plan ahead when knowing they’ll have an assisted death, with many arranging to be at home with loved ones. VAD also occurs in hospitals and residential facilities like nursing homes.
How long must I live in Australia to access assisted dying?
All Australian laws require at least 12 months residency in the specific state or territory before accessing their VAD law. Limited exceptions exist for ACT or NT residents living on borders who receive majority healthcare in NSW or Queensland, or who can demonstrate compassionate grounds.
Can doctors refuse to participate in voluntary assisted dying?
Yes. Healthcare providers can conscientiously object to participating in VAD. If your doctor doesn’t assist with VAD requests, they may refer you to another doctor. Victoria’s proposed reforms require objecting practitioners to provide minimum information about VAD.
What’s the difference between voluntary assisted dying and euthanasia?
VAD includes two methods: “self-administration,” where the person takes medication themselves, and “practitioner administration,” where a doctor (or in some jurisdictions, a nurse practitioner or registered nurse) administers the medication. Australian laws use “voluntary assisted dying” terminology rather than “euthanasia.”
How many Australians have used voluntary assisted dying?
As of 2024, 7,208 terminally ill people sought VAD access in Australia and New Zealand since schemes commenced, with 3,242 people dying after using VAD substances. Victoria alone reports 1,683 deaths since 2019.
Why can’t I discuss assisted dying via telehealth?
The Commonwealth Criminal Code prohibits using carriage services (phone, video, email) to discuss suicide-related material. A 2023 Federal Court ruling confirmed this applies to voluntary assisted dying, risking doctors with $220,000 fines. Legislative reform attempts haven’t yet succeeded.
What This Means for End-of-Life Rights in Australia
Australia’s voluntary assisted dying landscape transformed dramatically since Victoria’s pioneering 2019 law. While VAD is now lawful in all Australian states, research suggests many Australians don’t know this legal option exists.
The federal telehealth prohibition remains the most significant barrier to equitable access, particularly affecting rural Australians who rely on remote consultations. Advocacy groups report terminally ill people dying in pain before accessing VAD due to delays from the telehealth ban.
Victoria’s October 2025 reforms signal a national trend toward expanding access within existing safeguards. The Northern Territory’s anticipated 2026 legislation will make Australia the first developed nation where every jurisdiction permits some form of medical aid in dying.
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an attorney specializing in healthcare law, end-of-life law, or your state/territory’s regulations for specific legal guidance on your situation. Laws continue evolving—verify current requirements with your jurisdiction’s health department or legal resources.
Sources:
- End of Life Law in Australia (Queensland University of Technology)
- Go Gentle Australia
- Australian Medical Association Position Statements
- Federal Court of Australia: Carr v Attorney-General (Cth) [2023] FCA 1500
- State and Territory Voluntary Assisted Dying Review Boards
- Northern Territory Legislative Assembly Legal and Constitutional Affairs Committee Reports
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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