People who lose decision-making capacity after being approved for voluntary assisted dying may still be able to access assisted death in the ACT, with a Labor backbencher to consult on possible amendments to the laws.
An emotionally-charged debate on the ACT's voluntary assisted dying bill began on Thursday afternoon, with five members revealing they would vote against it.
Many members shared personal reflections about the deaths of parents and relatives as they spoke about their positions and some flagged their willingness to consider further changes in the detail debate stage.
It was also revealed the ACT's voluntary assisted dying scheme will come into effect on November 3, 2025.
Labor's Marisa Paterson said she was considering amendments to the bill to address a gap in cases where a person has gone through all the approval stages for voluntary assisted dying but lost capacity before ending their life.
This would only be open to someone who meets the eligibility. Under the proposal, this person could elect a person to act as their voluntary assisted dying attorney and carry out their wishes.
Dr Paterson is not committed to moving the amendments, saying she wanted to consult the community about the proposal before making any decision.
She was part of the Legislative Assembly's select committee into the voluntary assisted dying bill. She said this motivated her to consider the amendments, saying there was overwhelming support in the inquiry for addressing the issue of access where a person loses capacity to have access to voluntary assisted dying.
"We heard stories through the inquiry of families that watched the terrible suffering of their loved ones that deeply impacted me," Dr Paterson said.
"I am so proud of the current bill before the Assembly, but I think we can go a step further.
"While these amendments will not address early loss of capacity, I believe they would go some way to progress this public debate and will help address a very real issue experienced by people who are dying and their families and carers."
Dr Paterson will consult on her amendments until May 29. The bill is expected to be debated and pass during the June 4 sitting week.
Greens are on a unity ticket in support of voluntary assisted dying. Labor and Liberal members have a conscience vote on the matter, however, all Labor members have previously confirmed they will vote in favour of voluntary assisted dying.
The Liberals finally revealed how they intend to vote during Thursday's debate.
Opposition Leader Elizabeth Lee expressed her in-principle support for the bill.
"I fundamentally believe that every one of us should have the right to choose what is right for us," she said.
"Indeed, one could argue that the right to decide is the ultimate expression of the individual, which I believe is a core Liberal belief and so, on that basis, my personal vote is to support, in-principle, the introduction and establishment of a voluntary assisted dying scheme in the ACT."
But Ms Lee did say she had concerns about a future review, included in the legislation, which could examine whether the scheme should open up to people under-18 with decision-making capacity.
Liberal Mark Parton expressed support for the bill with caveats, saying he wanted to ensure changes were made to the bill.
"I'm voting yes to this bill in principle I do so leaving open the option of opposing the bill should the detail stage debate and the amendments not reach a point that is satisfactory to me," he said.
Fellow Liberal member for Brindabella Nicole Lawder will vote in favour of the bill.
Deputy opposition leader Leanne Castley said she intended to move amendments to the bill saying she wanted the principle of "do no harm" at the forefront. She did not provide details about the amendments.
"There is a need to ensure that the bill at its heart must be a bill that seeks to minimise harm and balance the rights and interests of all concerned," she said.
"I understand that many Canberrans do want to see voluntary assisted dying legalised in the ACT but it is up to us now to ensure that we do so in a way that is proportional, that is practical and that critically does so in a way that at first does no harm."
Liberal Ed Cocks said he had been a long term advocate against euthanasia but he did question his views during an inquiry into the bill. However, he ultimately said he could not support the bill. Shadow attorney-general Peter Cain said he would also vote against the bill, as will member for Murrumbidgee Jeremy Hanson and member for Ginninderra Elizabeth Kikkert.
Liberal James Milligan will also vote against the bill, saying his position was influenced by the death of his mother from cancer in 2015.
"She really struggled and she said to me she just feels like she is waiting to die. I'm sure at the time if voluntary assisted dying was available she may have taken it up," he said.
"But the night she passed away I remember sitting beside her bed and she said to me 'I would do anything for just one more day'."
Chief Minister Andrew Barr reiterated his strong support for the bill and said it was "one of the most significant things that we will ever consider in this parliament".
Under the ACT's proposed legislation a person can access voluntary assisted dying if they have an advanced terminal condition. Unlike other jurisdictions, the territory won't require people to have an expected timeframe to death.
An inquiry into the bill said clearer terminology was needed to determine who is eligible for voluntary assisted dying, including a better definition of what it means to have an advanced terminal condition.
Human Rights Minister Tara Cheyne will move government amendments to make clearer the law's definitions.
She said further amendments from other members had the potential to delay the implementation and the effectiveness of the bill, however, she said Dr Paterson's possible changes may not effect this.
"Dr Paterson has today proposed an option which is considered and thoughtful and one which on the face of it does not seem like it would render a key element of the bill incoherent," Ms Cheyne said.
"However, while the principle is sound, I will be closely following the community conversation and advice over the coming weeks."
The ACT was blocked from legislating on voluntary assisted dying for 25 years. The Federal Parliament implemented this ban on the territories after the Northern Territory introduced legislation in 1995.
This ban was overturned in late-2022.
