Older people with terminal illnesses will retain their right to voluntary assisted dying (VAD) following the NSW Parliament’s rejection of a bill that would have allowed aged care facilities to deny residents access to VAD, depending on the religious views of facility management. 

If the bill had passed, NSW residents wishing to access VAD would not have been able to do so at their nursing home, if their facility’s management had an objection to it. This would have forced aged care residents to physically relocate to another facility, such as a hospital, to access the service. 

What Act was the bill seeking to amend? 

The Voluntary Assisted Dying Act 2022 (NSW) came into effect on 28 November 2023. NSW was the final Australian state to legalise VAD, aligning it with other states that allowed eligible adults with a terminal illness to access medication to end their life under strict safeguards. 

What were the changes proposed in the Voluntary Assisted Dying Amendment (Residential Facilities) Bill 2025? 

Voluntary Assisted Dying Amendment (Residential Facilities) Bill 2025 aimed to allow residential aged care facilities the ability to refuse to facilitate VAD within their premises. In particular, the bill sought to provide exemptions for facilities operated by faith-based organisations. 

Under this bill, facilities could block the VAD process on their premises but would need to make alternative arrangements for residents who wished to   access the service, such as shifting to a hospital.  

There was widespread opposition to the proposed bill, with NSW’s most influential health, legal, and seniors’ rights groups, including NSW Nurses and Midwives’ Association, vocally condemning the move. 

Opponents of the proposal critised the bill for being out of touch with the realities of the health system, and for failing to uphold the rights and dignities of individuals needing end-of-live care. 

NSWNMA’s upcoming Assistant General Secretary Katrina Bough emphasised that “forcing people at the end of life to transfer is just another form of abuse.” 

She also noted that the bill’s drafting so soon after widespread abuses were uncovered by the aged care royal commission was disappointing. 

The Association maintains that no one should spend their final moments under fluorescent lights, separated by a curtain, surrounded by strangers in distress. The constant alarms, rushed staff, lack of privacy, and emotional intensity can diminish the quality of life. 

With the amendments ultimately rejected by the Legislative Council, older Australians will continue to be able to access end-of-life healthcare at their aged care facility homes, regardless of who operates the facility.