Voluntary assisted dying is an end-of-life choice that gives eligible people who are suffering and dying the option to choose the timing and circumstances of their death.
The person seeking access to voluntary assisted dying will be separately and independently assessed by two doctors (the coordinating medical practitioner and consulting medical practitioner) to be eligible. For more information about voluntary assisted dying, visit the Queensland Health website.
QCAT can review decisions made by the coordinating medical practitioner or the consulting medical practitioner about some of the eligibility criteria for voluntary assisted dying. QCAT cannot review decisions about disease-related eligibility criteria (i.e. diagnosis and prognosis).
In addition to the information contained here, the President of QCAT has issued a Practice Direction which you can access here.
What decisions can QCAT review?
QCAT can review a decision made by a coordinating medical practitioner in the first assessment, or the consulting medical practitioner in the consulting assessment, about whether the person:
- has been ordinarily resident in Australia for at least 3 years immediately before the person made their first request;
- has been ordinarily resident in Queensland for at least 12 months immediately before the person made their first request;
- has capacity to make decisions in relation to voluntary assisted dying; or
- is acting voluntarily and without coercion.
QCAT can also review a decision made by a coordinating medical practitioner at the final review, about whether the person:
- has capacity to make decisions in relation to voluntary assisted dying; or
- is acting voluntarily and without coercion.
QCAT cannot review decisions about disease-related eligibility criteria (i.e. diagnosis and prognosis).
An application to review a decision may be made by:
- the person who requested access to voluntary assisted dying
- an agent of a person who requested access to voluntary assisted dying; or
- any other person who has a sufficient and genuine interest in the rights and interests of a person who requested access to voluntary assisted dying.
QCAT may require a person to provide supporting documentation to demonstrate that they are eligible to apply for a review, if applicable.
If you are the person who is requesting access to voluntary assisted dying:
You must lodge a Form 66 with QCAT within 5 business days after you received the reviewable decision or became aware of the reviewable decision, whichever is the latter.
If you are the agent of the person or a person who has a sufficient and genuine interest in the rights and interests of a person who is requesting voluntary assisted dying:
You must lodge a Form 66 with QCAT within 5 business days after the eligible person making the application becomes aware of the reviewable decision.
Once an application for a review is made to QCAT, no further steps in the voluntary assisted dying process may be taken until the application for review is finalised. This means that no further steps may be taken in the process for requesting and assessing a person’s eligibility to access voluntary assisted dying and the process for prescribing, supplying or administering a VAD substance to end the person’s life.
Once an application is made, QCAT will provide a copy of the application to:
- each party to the proceeding, for example the coordinating practitioner for the person or the person who is the subject of the decision (if they are not the applicant);
- the consulting practitioner, if there is one, and whether or not the consulting practitioner is a party to the proceeding; and
- any other person QCAT directs is to receive a copy of the application
A directions hearing may be held in VAD matters at an early stage of the process. During a directions hearing, the QCAT decision maker will seek to ensure that all parties are informed of their obligations and responsibilities in progressing the matter to finalisation.
Once served with an application, the respondent (and other relevant practitioner if applicable) must provide QCAT with a copy of the decision under review (first assessment, consulting assessment and/or final review) and any documents in their possession or under their control within two (2) business days of being served with a notice.
How do I make an application to review a decision?
To make an application, please click on the button below:
Help and further information
Queensland legislation related to voluntary assisted dying:
QCAT registry staff cannot give you legal advice in civil cases and are not involved in QCAT decision making.
For legal advice
- Contact the private solicitor of your choice
- Use Queensland Law Society’s Find a Solicitor service
- Contact Legal Aid Queensland on 1300 65 11 88
- Contact Community Legal Centres Queensland for details on your local community legal centre on 07 3392 0092
For assistance in legal proceedings
LawRight Court and QCAT Services
LawRight is an independent, non-profit community based legal organisation that coordinates pro bono legal services for individuals and community groups. Parties with proceedings in QCAT may be able to obtain assistance from LawRight’s Court and QCAT Services to self-represent or, in limited circumstances, be given representation.
If you are unsure whether you are eligible for assistance from LawRight, or wish to make an enquiry, contact the service by phone on 07 3564 7561 or by email at qcat.cts@lawright.org.au or by writing to PO Box 12217, George Street QLD 4003.
To apply for help from LawRight, please complete an application form. If you are unable to complete the online form, contact LawRight to discuss alternative arrangements.
Community legal centres
Caxton Legal Centre
The Caxton Legal Centre is an independent, non-profit community organisation providing free legal and social work advice, assistance and referrals to the general public. Please note that the Caxton Legal Centre does not provide advice about building or other business and commercial disputes.
Women's Legal Service
Women's Legal Service is a community legal centre that provides free legal advice and information to women in Queensland.
Youth Advocacy Centre
The Youth Advocacy Centre offers free confidential legal and welfare assistance to young people under 17 years who live in or around Brisbane. Telephone support is also provided to young people outside of Brisbane and throughout Queensland.
The Queensland Civil and Administrative Tribunal's registry is here to administer your case and provide general information. Please see below what registry staff can and cannot do to assist with your case.
Registry staff can:
- answer questions about QCAT processes
- provide information about QCAT’s different types of forms that are available for your consideration
- provide you with information and support about how to lodge an application
- refer and/or process any request to access the QCAT register of proceedings (a publicly available list of QCAT cases) or the record of proceedings (the case files themselves)
- advise on fees and allowances, and how to apply for a waiver of fees
- guide you in checking your forms are complete before lodgement (e.g. signed in the correct places)
- give you information on legal organisations that could help.
Registry staff cannot:
- provide legal advice
- advise on whether you should submit an application and whether you are filing under the correct legal area (eg minor civil dispute – consumer or trader or minor civil dispute – minor debt)
- tell you if you should lodge an appeal or a counter-application
- recommend a specific lawyer to assist you
- instruct you on how to word your application, supporting documents or what to say at a proceeding
- contact a QCAT member or adjudicator directly on your behalf
- predict likely outcomes of a case or appeal
- help you prepare your case
- advise what orders or decisions you should seek
- explain what you should do to follow QCAT directions
- recommend your next steps regarding enforcing an order or tribunal decision
- advise on exact timeframes for resolution of a case – this depends on your individual case