When Safeguards Become Stumbling Blocks

A Call to Remove the State Residence Requirement for Voluntary Assisted Dying in Australia

Bibliographic Data

ID6459161
AuthorsKatrine Del Villar (0000-0002-5392-7622, corresponding author), Ruthie Jeanneret (0000-0001-7873-1573), Ben White (0000-0003-3365-939X)
Year2025
Volume48
Issue2
Publication date2025-07-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueUniversity of New South Wales Law Journal (JOURNAL)
Journal identifiersISSN: 0313-0096 • E-ISSN: 1839-2881
PublisherUniversity of New South Wales Law Journal (PUBLISHER • AU)
DOI10.53637/wgul8611
OpenAlexW7108229115
LanguageEN
Citations received1

The requirement that a person has been ordinarily resident in a state for at least 12 months is the most litigated criterion of eligibility for voluntary assisted dying in Australia. The state residence criterion is problematic for people who live a nomadic lifestyle, spend long periods of time interstate or overseas, move between states for work, or have retired to another state. We analyse the case law on this issue, and the policy reasons for this eligibility requirement, and conclude that the original reasons for including this requirement are no longer persuasive. We consider options for reform. Although some of the problems this requirement causes may be ameliorated by introducing an exemption, or allowing mutual recognition of eligibility in another state, we recommend repeal of the state residence requirement. This has the advantage of legal and practical simplicity, avoids concerns about unconstitutionality, and is consonant with assisted dying laws internationally

Project commissioning · Publishing · Repeal · Residence · State (computer science · Commonwealth, Australian Politics and Federalism · Legal case studies and regulations · Multicultural Socio-Legal Studies

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