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Opposition Mounts Against 'Cruel' NSW VAD Legislation

Go Gentle Australia & Dying with Dignity NSW

Key Facts:

There will be a press conference to discuss the response to the Voluntary Assisted Dying Amendment (Residential Facilities) Bill 2025

When: Today 11.15am 

Where: Tree of Knowledge, behind NSW Parliament 

Eighteen of New South Wales’ most respected medical, legal, and seniors’ rights organisations have issued a joint statement condemning proposed legislation that would deny or restrict access to voluntary assisted dying (VAD) for aged care residents.

The Voluntary Assisted Dying Amendment (Residential Facilities) Bill 2025, currently before the NSW Upper House, would allow aged care providers to block residents from accessing VAD within their facilities. This is despite the fact aged care is a resident’s own home and federal aged care laws guarantee a resident's right to access all end-of-life care, including VAD.

The joint statement, led by Go Gentle Australia and Dying with Dignity NSW, urges Upper House members to reject the bill and uphold the rights of older Australians to make end-of-life choices, regardless of where they live.

“We urge the NSW Upper House to vote against the Voluntary Assisted Dying Amendment (Residential Facilities) Bill 2025,” the statement reads. “The bill would mean dying people are forced to find alternative accommodation and care when they need support the most.”

The statement warns that similar restrictions in other states have led to elderly residents being denied VAD or forced to relocate in their final days, causing terrible distress and undermining the intent of VAD legislation.

“It’s a retrograde step for NSW and undermines rights guaranteed in Australia’s aged care framework,” the statement continues.

The 18 signatories to the statement include the Royal Australian College of General Practice NSW, Australian Nursing & Midwifery Federation NSW, Australian Paramedics Association, Seniors Rights Service, Council on the Ageing NSW, Uniting NSW.ACT, and the Australian Lawyers Alliance. Together, they represent frontline healthcare workers, legal experts, and advocates for older Australians.

The statement outlines five key reasons the bill must be rejected:

• It contradicts federal laws and is constitutionally invalid

• It risks serious harm by forcing dying people to relocate

• Aged care facilities are legally considered residents’ homes, where all medical choices should be respected

• Rural and regional residents with limited aged care options will be disproportionately affected

• The bill undermines the upcoming statutory review of the NSW VAD Act, due to begin next month

Go Gentle Australia’s CEO Dr Linda Swan said the number of signatories across multiple sectors showed that opposition to the bill, introduced by Liberal MLC Susan Carter, was widespread and growing.

“Susan Carter and her co-sponsors must immediately withdraw this ill-conceived and highly divisive bill.

"The people of NSW have made it clear they will not stand by and see the rights of religious organisations trump those of dying people.”  

Dying with Dignity NSW President Penny Hackett urged MPs not to support the bill. 

“How could any MP vote for a Bill which allows aged care providers to prioritise religious ideology over the end-of-life rights of residents and force them out of their homes in their dying days?’

 

“Susan Carter’s Bill is legally invalid and morally wrong. The churches and religious aged care providers seeking the right to treat their dying residents in this way should be ashamed of themselves.”

Read the Joint Statement - VAD (Residential Facilities) Bill 2025

About us:

Go Gentle is a national charity that promotes and enables choice at the end of life, including the option of voluntary assisted dying. 

Dying with Dignity NSW is an advocacy organisation committed to supporting voluntary assisted dying laws and other end-of-life choices for residents in NSW.

Contact details:

Go Gentle Australia: 0426 283 865 [email protected]  

Dying with Dignity NSW: 0425 231 786 [email protected]