Following the commencement of the Restoring Territory Rights Act 2022, all jurisdictions now have the power to enact voluntary assisted dying (VAD) schemes, with the majority having done so. However, it is currently unclear whether VAD, as authorised by a state/territory law, constitutes ‘suicide’ within the meaning of the carriage service offences contained in the Commonwealth Criminal Code. This has led to state governments advocating for the Criminal Code to be amended to clarify that the restrictions do not apply to VAD schemes, and legal action in the Federal Court of Australia seeking to clarify whether or not the carriage service offences apply to state VAD legislation. ... Read more...
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