Who can access VAD
The eligibility criteria, in plain language.
Each state sets its own eligibility rules, and the details differ. The principles below are common across most Australian states — but always check the rules in your own state.
Common requirements (in most states)
- Be aged 18 or over
- Be an Australian citizen or permanent resident (residency rules vary)
- Have lived in the state for a minimum period (often 12 months)
- Have a terminal illness, disease or medical condition
- That illness is expected to cause death within a set timeframe (often 6 months, or 12 months for neurodegenerative conditions)
- The condition is causing intolerable suffering
- Have decision-making capacity throughout the process
- Be acting voluntarily, without pressure or coercion
- Make the request enduring across multiple steps
Decision-making capacity is essential
A person must have decision-making capacity at every stage of the VAD process — from the first request to the moment medication is administered. This is one of the most important safeguards.
It also means VAD is generally not available to people with advanced dementia, even if they previously expressed a wish for it. This is one of the hardest parts of the law for many families.
What does not make someone eligible
- Being old
- Feeling like a burden
- Living with a disability that is not terminal
- Having a mental illness as the sole reason
- A family member wanting it for them
These exclusions are deliberate. They are part of how the law tries to protect vulnerable people.
See all 53 guides in Care & end of life →
From bluetulipco.com/library/end-of-life/eligibility — printed 1 October 2026.
General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.
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