A man's effort to access voluntary assisted dying remains at a standstill, despite a tribunal ruling he has the decision-making capacity required to access the scheme.
The man, who cannot be named for legal reasons, applied to receive assistance to end his life in January 2026 under the Voluntary Assisted Dying Act 2024, based on three medical conditions he said had combined to cause chronic pain syndrome.
However, in the initial assessment, the coordinating practitioner found the man did not meet the eligibility requirements under the new territory laws.
The practitioner determined the man did not have an "advanced condition, was not approaching the end of his life, and his condition was not expected to cause death".
They also found that it was uncertain whether the man had decision-making capacity in relation to voluntary assisted dying.
The man appealed the decision to the ACT Civil and Administrative Tribunal.
In his application for review, he argued his conditions were "advanced, progressive, and terminal in effect".
In a decision published in July 2026, the tribunal found it could not review whether the man's health conditions met the eligibility criteria, but it could rule on whether he had decision-making capacity.
After two hearings, the tribunal considered evidence including a letter from the man's doctor of more than 15 years, who said he had "consistently found him to have full decision-making capacity".
"He understands the nature of his conditions and their prognosis, understands the treatment options available to him, including palliative care, understands the consequences of each choice, and can communicate his decisions clearly and consistently," the doctor said.
"He understands the implications for himself and his family if the [voluntary assisted dying] mechanism were approved."
The coordinating practitioner also told the tribunal the man's capacity was "undetermined" at the time of the original assessment, and accepted his understanding may have improved over time.
The practitioner said there was "no objection" to the tribunal finding the man had decision-making capacity.
Following the hearings, the tribunal said there was no evidence to suggest the man lacked the capacity required to choose voluntary assisted dying.
In reaching the conclusion, the tribunal said it did "not intend any criticism of the approach taken and conclusion of the [coordinating practitioner] at the time of their assessment".
While the tribunal said the man was not able to access voluntary assisted dying "for now", it noted he could make a fresh application with a different coordinating practitioner, seek a judicial review or take his case to the ACT Supreme Court.
