When ill is not ill enough—timeframe until expected death restrictions in Australian Voluntary Assisted Dying laws and human rights compatibility

ABSTRACT In the past, aiding another person in ending their life or taking the life of another, even upon their request and with their consent, gave rise to criminal liability in all Australian jurisdictions. Consequently, neither doctors nor relatives could lawfully assist someone in dying. Since 2017, five Australian jurisdictions have introduced Voluntary Assisted Dying (‘VAD’) Acts allowing eligible individuals to end their lives with assistance. A person seeking access to VAD in Victoria, Western Australia, Tasmania, South Australia and Queensland must meet specific eligibility requirements including be diagnosed with a disease, illness or medical condition which is advanced, progressive and is expected to cause death within a specific timeframe ranging from six to 12 months depending on the jurisdiction. Using Queensland as an exemplar, this article analyses whether the VAD timeframe until death restriction limits individual human rights in Australian jurisdictions with human rights legislation and contemplates whether potential limitations are reasonable and justified. The article concludes that due to its severe impact on individuals wishing to end their life with assistance, the restriction is raising severe concerns about its human rights compatibility.