Thursday, 10 February 2022

Voluntary assisted dying

Mr QUILTY (Northern Victoria) (12:09): My question is for the Minister for Health. In 2020 an application to the Voluntary Assisted Dying Review Board was appealed at VCAT. The VAD review board had denied the application on the grounds that the applicant did not ordinarily reside in Victoria. The initial application was made in March 2020 and was rejected three days later. The applicant provided a statutory declaration explaining that they were born in Victoria and had been living in Victoria for the previous 14 years. A day later the application was rejected again and more information was requested. The applicant provided Medicare and Centrelink statements showing a Victorian address. Seven days later the applicant was rejected yet again and more information requested. Victorian hospital records were provided along with copies of the Victorian registration for several vehicles. The application was rejected again. At this point the applicant lodged a complaint with VCAT, who five days later found in favour of the applicant. Minister, why is the VAD review board spending weeks rejecting valid applications?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (12:10): I thank Mr Quilty for his question. It is an important issue that you raise. We are very proud of our government’s introduction to allow assisted dying for eligible Victorians. I too have been made aware of cases such as the one that you have indicated, so thank you for raising that. It is inappropriate for me to comment on individual cases, and obviously the panel is independent of government, but I will seek further advice from the Minister for Health and give you a more comprehensive answer.

Mr QUILTY (Northern Victoria) (12:10): Thank you, Minister. The VAD review board’s most recent report shows that of 524 applications made to the board 342 were withdrawn. The report explains that withdrawn applications are almost entirely the result of applicants dying while waiting for a determination. Legislation requires the VAD review board to make a decision about an application within three days of an application being lodged, and it seems implausible that a majority of applicants die within three days of their application. What is actually happening is the VAD review board avoids the three-day requirement by claiming that applications are not lodged correctly. The purpose of voluntary assisted dying is to reduce the suffering of patients with debilitating and painful conditions. Instead the VAD board is using bureaucracy to frustrate and stall applicants until they suffer due to an often painful or undignified death. Minister, what actions have you taken to reduce the number of applications that are withdrawn because the applicant died whilst fighting for approval?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (12:11): Mr Quilty, I will pass your further question on to the Minister for Health. You have made some assertions in there about the intents of the panel, and I think that is quite unfair. I think you would acknowledge that it is really important to ensure that the appropriate paperwork is lodged. But the issues you have raised are a matter for the Minister for Health, and I am sure that that office will be happy to give you more information.