Navigating the Voluntary Assisted Dying Act 2022: A Comprehensive Overview for NSW Residents

February 27, 2024

Assisted Dying Laws In Australia

In a significant development in New South Wales, Australia, the recently enacted “Voluntary Assisted Dying Act 2022” has added a new dimension to end-of-life choices. This landmark legislation aims to provide individuals with the autonomy to make decisions about their own death under certain circumstances. As a legal firm working extensively in wills and estates, we understand the importance of staying informed about the latest legal changes that may impact your affairs. In this article, we will delve into the key aspects of the Voluntary Assisted Dying Act 2022 and its implications for residents of NSW.

Key Provisions of the Voluntary Assisted Dying Act:

medical compliance

Eligibility Criteria:

  • The Act outlines strict eligibility criteria that individuals must meet to access voluntary assisted dying. Patients must be adults (18 years or older), have decision-making capacity, and be diagnosed with a terminal illness that is expected to cause death within a defined timeframe.

Request Process:

  • The law establishes a comprehensive process for individuals seeking access to voluntary assisted dying. This includes multiple requests, assessments by medical practitioners, and a mandatory waiting period. The aim is to ensure a thorough and considered decision-making process.


  • To address concerns about the potential for abuse or coercion, the Act incorporates robust safeguards. These include multiple layers of assessment by medical professionals, oversight by a Voluntary Assisted Dying Review Board, and criminal penalties for offenses such as inducing a person to request an assisted death.

Conscientious Objection:

  • Recognising the diverse perspectives on assisted dying, the legislation allows healthcare practitioners and institutions to conscientiously object to participating in the process. However, they are required to provide the patient with information and support to access the services elsewhere.

Record-Keeping and Reporting:

  • The Act mandates detailed record-keeping and reporting requirements for medical practitioners involved in the voluntary assisted dying process. This transparency is designed to ensure accountability and facilitate ongoing evaluation of the system.

Implications for Wills and Estates:

Elderly woman talking about her estate

Impact on Estate Planning:

  • Individuals considering voluntary assisted dying may need to revisit their estate plans to ensure that their wishes are clearly documented. This could involve updating wills, powers of attorney, and other relevant legal documents.

Consideration of Timing:

  • Understanding the timelines involved in the assisted dying process is crucial for effective estate planning. Timely updates to legal documents can help align the execution of the individual’s wishes with the legal requirements outlined in the Act.

Legal Assistance:

  • Given the complexity of end-of-life decisions and the legal landscape surrounding assisted dying, seeking legal advice is essential. CM Lawyers is well-equipped to guide individuals through the legal aspects of the Voluntary Assisted Dying Act 2022, ensuring that their wishes are documented and legally sound.


The Voluntary Assisted Dying Act 2022 represents a significant shift in the legal landscape of New South Wales, granting individuals the right to make decisions about the end of their lives under carefully defined circumstances.

As a legal team, we are committed to helping our clients navigate these changes, ensuring that their affairs are in order and their wishes are respected. If you have questions or concerns about how this new legislation may impact your estate planning, we are here to provide the guidance and support you need. Contact Us Today. 

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