NEWS ARTICLE

In 2017 Victoria became the first state in Australia to pass an Assisted Dying Act. The Act came into force in 2019. Today a review of the Act has prompted the Victorian Government to propose changes to the law to improve access – in ways that should be instructive to UK politicians as to how our proposed laws can best be constructed. Here’s everything Humanists UK and My Death, My Decision think UK politicians could learn from Australia:

A six-month eligibility clause is too narrow

The Victorian law requires that the patient accessing assisted dying must have six months left to live or less, or twelve months left to live if they have a neuro-degenerative condition. The proposed law in England and Wales is six months for everyone, although an amendment has been put forward to change that to the same system as Victoria. 

In New Zealand (a six-month limit), many people lost their decision-making capacity before they could proceed. In contrast, in Victoria, only 7% lost competence during the process.

However, as the 12-month limit has proven more compassionate for people with neuro-degenerative conditions, the Victorian Government is now proposing extending it to all conditions. They argue this will also help doctors who have difficulty determining how long a patient has left to live.

There will be a consultation on this proposal, and politicians in Australia will have a free vote on it.

Assisted dying is safe and compassionate

The independent review, which was a result of extensive research and community consultations, found that assisted dying ‘is a safe and compassionate end-of-life choice available to eligible Victorians.’

The review found that families overwhelmingly valued the care and support provided by assisted dying medical practitioners. 93% of families reported that the process was compassionate.

‘The application was as good as it possibly could be… handled compassionately and efficiently.’ (Family member)

‘Just knowing that he had the option to access [assisted dying] was huge for him, even if he never ended up needing to use it.’ (Family member)

Don’t stop doctors from having frank and open conversations

Currently, doctors are essentially banned from talking about assisted dying unless the patient specifically asks for it, known as the ‘Gag Clause’. 

Nick Carr, a doctor in Victoria, has said that one of the hardest things to witness as a doctor is seeing terminally ill patients in unbearable pain, knowing that there is an option to end their suffering – but being unable to mention it. He said:

‘There’s been times where I’ve been sitting there, having to sit on my hands, having to shut my mouth because I want to say to them, ‘Do you know there is the option of voluntary assisted dying?’ and I can’t.’

Politicians in the UK have argued extensively about whether doctors can raise assisted dying. The BMA and other organisations have argued that doctors should not be ‘gagged’ and should always be able to have free and open conversations with patients. Thankfully, such a gag clause is not currently in the England and Wales bill. Proposals to add it should be resisted.

Accessibility is important

The review goes into depth about how assisted dying should be accessible. Currently, there is a ban on non-Australian citizens from being able to access it. 

There have been a number of high-profile cases of suicides from people found not to be eligible, including a British national who had lived in Australia for 42 years but who had never become a citizen. That man, who was eligible to vote and paid local taxes, was only rejected because of his lack of citizenship – despite receiving a terminal pancreatic cancer diagnosis and enduring immense pain, according to his doctor.

Politicians have also proposed reducing the time to obtain an assisted permit from 28 days to 21 days, making access quicker and reducing suffering. The Committee in the UK received a lot of evidence not to make the process too difficult for patients, to avoid them dying while waiting for access.

Assisted dying works in line with palliative care

The report also outlines that the overwhelming majority (83% in some areas) of applicants were also receiving palliative care, showing that assisted dying is used as a complementary option rather than a replacement.

There is a growing sense of approval in the palliative care community in Australia. The report outlines that medical practitioners and families support the process, and the medical community acknowledges that even the best palliative care cannot always alleviate suffering.

91% of people seeking assisted dying in Victoria were satisfied with the support from medical practitioners.

Aleisha Murray, Chair of My Death, My Decision, said:

‘On assisted dying, the UK isn’t leading the way – we’re lagging behind. We absolutely must learn from places like Victoria, which share our core values and now have years of experience. Crucially, we should take lessons from Victoria’s comprehensive review of assisted dying to ensure we introduce the best possible law from the outset.

‘It’s unjust that a dying person in Australia can choose a compassionate, dignified death, whilst in the UK, that same person would be forced to suffer. Compassion shouldn’t depend on geography. Everyone deserves a choice, and now is the time to introduce a compassionate law.’

Richy Thompson, Director of Public Affairs and Policy at Humanists UK, said:

‘We hope MPs take note of how assisted dying is evolving in Victoria. We must take into account all the international evidence and, where possible, learn from other countries about how to construct the most compassionate law possible, rather than seeing the same issues arise.

‘Adults in the UK deserve the right to a compassionate and dignified assisted death. 20 people a day die in pain, even with the best care, and for those people, they should have a choice at the end of their lives. No-one should be forced to die in pain when internationally more compassionate options are available.’ 

Notes

For further comment or information, media should contact Nathan Stilwell at nathan@humanists.uk or phone 07456200033.

Humanists UK and My Death, My Decision have people and their loved ones who would be affected by this change available for the press.

If you have been affected by the current assisted dying legislation, and want to use your story to support a change in the law, please email campaigns@humanists.uk.

Media can use the following press images and videos, as long as they are attributed to ‘Humanists UK’.

Humanists defend the right of each individual to live by their own personal values, and the freedom to make decisions about their own life so long as this does not result in harm to others. Humanists do not share the attitudes to death and dying held by some religious believers, in particular that the manner and time of death are for a deity to decide, and that interference in the course of nature is unacceptable. We firmly uphold the right to life but we recognise that this right carries with it the right of each individual to make their own judgement about whether their life should be prolonged in the face of pointless suffering.

We recognise that any assisted dying law must contain strong safeguards, but the international evidence from countries where assisted dying is legal shows that safeguards can be effective. We also believe that the choice of assisted dying should not be considered an alternative to palliative care, but should be offered together as in many other countries.

Read more about Humanists UK’s campaign to legalise assisted dying in the UK.

Humanists UK is the national charity working on behalf of non-religious people. Powered by over 130,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.

My Death, My Decision is a grassroots campaign group that wants the law in England and Wales to allow mentally competent adults who are terminally ill or intolerably suffering from an incurable condition the option of a legal, safe, and compassionate assisted death. With the support of over 3,000 members and supporters, we advocate for an evidence-based law that would balance individual choice alongside robust safeguards and finally give the people of England and Wales choice at the end of their lives.

Humanists UK and My Death, My Decision are both members of the Assisted Dying Coalition, along with Friends at the End, Humanist Society Scotland, and End of Life Choices Jersey.