NSW VOLUNTARY ASSISTED DYING BOARD RELEASES FIRST DATA SINCE ITS INTRODUCTION

Two of the words Conor Fitzpatrick uses to describe his mother's death are humane and dignified.

Last month, Mr Fitzpatrick's mother, comedian Geraldine Doyle, passed away following a 15-year experience with cancer through voluntary assisted dying (VAD).

"In the final couple of years, she lost a lot of weight, she lost the ability to eventually walk by herself," Mr Fitzpatrick said.

VAD is a process where a person receives assistance from a health practitioner to end their life.

Ms Doyle first received a cancer diagnosis in 2009, with the condition returning in 2017. At that point, according to Mr Fitzpatrick, it had spread to her lungs and to her bones, rendering her with a terminal diagnosis.

When VAD became available in NSW in November 2023, Ms Doyle applied to receive it, eventually becoming successful. 

On May 29, surrounded by her family at her home in Fassifern, Ms Doyle passed.

"She certainly didn't want to go to hospital. She didn't want to be in a home. She wanted to die at home, in her own way, at her own time," Mr Fitzpatrick said.

"I found the whole process overwhelmingly positive. The people that we dealt with were unbelievably professional, compassionate. I couldn't fault them at all."

Ms Doyle was one of hundreds of people to seek voluntary assisted dying, according to an interim report released by the NSW Voluntary Assisted Dying Board on Friday.

According to advocates, the report reflects a successful beginning to VAD in the state, while also highlighting potential concerns over accessibility.

Interim report finds 131 deaths in NSW related to VAD

Under the current legislation, VAD is only available for residents of the state over 18 who have an illness that will cause death in at least 12 months, or is causing suffering that cannot be relieved.

Patients are also required to have capacity for decision making and be making the request voluntary.

It's not legal for a family member or carer to request VAD on somebody's behalf.

If a patient meets the required criteria, they are then required to submit three requests.

According to the report, 517 people made a request for VAD between November 28, 2023 and February 29, 2024, with 408 patients being approved for first assessment.

Of those 408, almost 90 per cent were over the age 60.

The report also notes that 246 patients were approved in the third and final stage, known as "substance authorisation application outcomes". Of this group, 175 had a diagnosis of cancer.

"We know from the experience in other states as well as our first few months of operations, that some people who receive a substance authority from the board may ultimately choose not to take the substance," Jenni Millbank, NSW Voluntary Assisted Dying Board chairperson, wrote in the report.

"Knowing the substance is available to them gives these people the power of choice, and may provide a degree of relief and comfort in their final days and weeks."

The report also said there were 250 authorised VAD practitioners in the state.

Queensland University of Technology's Ben White, who specialises in end-of-life law and regulation, said the figures for NSW were consistent with those of other states, but it was too soon to draw any conclusions.

"But access to VAD will be an important monitor as access has been a challenge in other states, particularly when VAD is new and systems are being established," Professor White said.

Report welcomed by advocates

Critics and conscientious objectors of VAD have said palliative care is a worthwhile option for those at the end of their life, and that medical diagnoses can be incorrect.

But for those who support VAD rights, this report reflected the measure's importance.

NSW Health Minister Ryan Park said on Saturday he was pleased there was an alternative for people for end-of-life care.

"This is an important initiative. Something important to me. I'm very, very happy this is in place. I'm glad people have this as an option."

Go Gentle Australia CEO Linda Swan said this data reflects NSW has a system that's working and delivering care.

"And we should be celebrating as well as learning what we can do to make it better," she said.

Dying with Dignity NSW president Penny Hackett said while it is still a new system and that these figures weren't unexpected, this also reflects the commitment from the state government for equitable access to VAD.

"We've been very lucky in New South Wales that we've had, firstly, the learnings from all the other states, but there has been an absolute commitment to equitable access."

Ms Hackett said that included almost two-thirds of those receiving VAD and over half of the authorised practitioners being from regional NSW.

According to Professor White, the data from the regions mirrors the experience in other jurisdictions.

"We have also seen higher per capita access to VAD in regional areas in other states," he said.

"That VAD is accessible in regional NSW may suggest that the implementation work done to ensure this choice is available to people regardless of where they live is working."

Move to address barriers to VAD, including telehealth limitations

While the report was welcomed by advocates for VAD rights, they also flagged the existing concerns with the law.

Barriers to VAD in Australia have been identified, including health facilities blocking access to the treatment.

Health workers are not obliged to participate in VAD if they have a conscientious objection in NSW. However, they cannot impede or obstruct access to the process.

"We expect over time stories will come out about people being actively obstructed [in NSW]. And there have been those stories, particularly from Victoria."

Another barrier recognised was accessibility. 

Telehealth for VAD is currently illegal in Australia following a federal court ruling last year, raising concerns this would limit VAD access for those in regional and rural communities.

Mr Hackett said, while lawyers she's consulted have said it's unlikely prosecutions will emerge, this could act as a barrier for doctors interested in VAD.

"From a health system perspective, each health department has to say you are potentially at risk of this and that puts some doctors off," she said.

"It's a tragedy that you've got this ... federal ban impacting such a high number of people who are trying to apply for voluntary assisted dying services," Ms Swan added.

"That really strikes me as the most important thing that this report highlights that we have to do something about."