Voluntary assisted dying

Voluntary Assisted Dying Cases

Applications to ACAT under Part 10 and Part 11 of the Voluntary Assisted Dying Act 2024

Summary

From 3 November 2025, the new Voluntary Assisted Dying Act 2024 commences operation.

An individual seeking to access voluntary assisted dying must be assessed as eligible to do so by an authorised coordinating practitioner and consulting practitioner.

Under Part 10 of the Act, ACAT can review some decisions made by an individual’s consulting practitioner or coordinating practitioner. The information detailed below on this page is about applications to ACAT under Part 10 of the Act.

Under Part 11 of the Act, ACAT can also review some decisions made by the Director-General of the Health and Community Services Directorate. For information about applying for review of the Director-General’s decisions under Part 11 of the Act, see Review of ACT Government Decisions.

Review of decisions under Part 10 of the Voluntary Assisted Dying Act 2024

Overview

Voluntary assisted dying is medical help to end your life at a time you choose. In the ACT, it is available to people who have a medical condition that is terminal and causing suffering.

An authorised coordinating practitioner and consulting practitioner must assess an individual’s eligibility to access voluntary assisted dying and must agree that the individual meets the eligibility criteria requirements under section 11 of the Voluntary Assisted Dying Act 2024.

Where a person affected by a reviewable decision of a coordinating practitioner or consulting practitioner disagrees with the decision, they can apply to ACAT for review of the decision under Part 10 of the Act.

Before you apply

Below is important information you should know before making an application to ACAT under Part 10 of the Voluntary Assisted Dying Act 2024 for review of a decision.

What decisions are reviewable?

Under Part 10 of the Voluntary Assisted Dying Act 2024 ACAT can review some coordinating and consulting practitioner decisions, such as:

  • an individual has decision-making capacity in relation to voluntary assisted dying
  • an individual’s decision to access voluntary assisted dying has not been made voluntarily and without coercion
  • an individual has lived in the ACT for at least the previous 12 months

A complete list of decisions that are reviewable under Part 10 of the Voluntary Assisted Dying Act 2024 is set out in Column 3 of Schedule 1 to the Voluntary Assisted Dying Act 2024.

Who can apply?

You can apply for a review if you are:

  • the individual who has requested access to voluntary assisted dying (the individual about whom the reviewable decision was made)
  • any other person who has a sufficient and genuine interest in the rights of the individual about whom the reviewable decision was made in relation to voluntary assisted dying.

How long do I have to make an application to ACAT?

In most cases, you must lodge an application with ACAT within a certain period of time after the individual receives the relevant report (as defined in s136(4) of the Voluntary Assisted Dying Act 2024) or when you became aware of the reviewable decision.

For a decision that the individual meets an eligibility or final assessment requirement/s to access voluntary assisted dying, you must lodge the application within 5 days after the later of:

  • the day the individual is given a copy of the relevant report, and
  • the day the affected person making the application for review becomes aware of the reviewable decision.

For a decision that the individual does not meet an eligibility or final assessment requirement/s to access voluntary assisted dying, you must lodge the application within 28 days after the later of:

  • the day the individual is given a copy of the relevant report, and
  • the day the affected person making the application for review becomes aware of the reviewable decision.

Can I apply for an extension of time to apply to ACAT?

If you need an extension of time, fill out the ‘Application for extension of time’ section on the Application for Review of a Decision under Part 10 VAD Act form [PDF 1,089KB]. ACAT will provide a copy of your application to the other parties to the application and the Voluntary Assisted Dying Oversight Board, as well as the individual’s consulting practitioner if not already a party.

If you have applied for an extension of time ACAT will sometimes hold a hearing to decide whether there are reasonable grounds to extend time. At the hearing, you and any other party to the application will be given a chance to express a view.

Are there any fees involved?

There is no fee to lodge an application under Part 10 of the Voluntary Assisted Dying Act 2024.

Who are the parties to an ACAT application?

A party is a person or organisation who is directly involved in the ACAT proceedings. This means they can make submissions and have a right to attend and speak at a hearing.

If you make an application to ACAT under Part 10 of the Voluntary Assisted Dying Act 2024you will be named as the applicant. The coordinating practitioner or consulting practitioner who made the reviewable decision will be named as the respondent. The applicant and the respondent are parties to the application.

Under section 137 of the Voluntary Assisted Dying Act 2024, the individual about whom the reviewable decision was made, and the individual’s coordinating practitioner, will also be a party to the application, even if they are not the applicant or respondent.

Sometimes, another person who has an interest in the application can apply to be joined as a party to the ACAT proceedings. If ACAT decides to make them a party, they will be named as a party joined. A party joined has all the same rights as the applicant or respondent.  They will be permitted to attend and may be expected to make submissions and speak at a hearing.

A person who does not want to be joined as a party, who has information relevant to the application, may be asked by a party to the application to be a witness and to make a witness statement.

Who will be told about my application?

ACAT will always give a copy of an application to the respondent, and any other party to the application.

ACAT will also provide a copy of an application for review under Part 10 of the Voluntary Assisted Dying Act 2024 to:

  • the Voluntary Assisting Dying Oversight Board; and
  • the individual’s consulting practitioner (if the individual has one and the consulting practitioner is not already a party to the application).

Is the process for accessing voluntary assisted dying automatically suspended when an application is made?

If the voluntary assisted dying request and assessment process for an individual is not complete at the time an application is made, the request and assessment process will be suspended until the earlier of either:

  • the day the application for review is withdrawn;
  • the day the application for review (and any appeal) is finalised.

If the voluntary assisted dying request and assessment process for an individual is complete (i.e. where an individual’s coordinating practitioner has prepared a final assessment report under section 36(2) of the Act), the application of part 4 of the Voluntary Assisted Dying Act 2024 is suspended until the earlier of either:

  • the day the application for review is withdrawn
  • the day the application for review (and any appeal) is finalised.

Are ACAT hearings private?

All applications made under Part 10 of the Voluntary Assisted Dying Act 2024 are heard in private. This means that unless the ACAT gives another person permission to attend, the only people who can attend a hearing are:

ACAT may also make orders to:

  • permit other stated people to be present at the hearing;
  • prohibit or restrict the publication of evidence given at a hearing, or matters contained in documents filed with the tribunal or received in evidence for the hearing;
  • prohibit or restrict the disclosure to some or all of the parties to the application of evidence given at a hearing, or matters contained in documents filed with the tribunal or received in evidence for the hearing.

What are the final orders ACAT can make?

ACAT has the same powers as the coordinating or consulting practitioner for reviewable decisions. ACAT can make final orders to:

  • decide that an individual has, or doesn’t have, decision-making capacity in relation to voluntary assisted dying;
  • decide that an individual is acting, or is not acting, voluntarily and without coercion;
  • decide that an individual has, or has not, lived in the ACT for at least the previous 12 months.

ACAT can also make orders to dismiss an application, including where required under the Voluntary Assisted Dying Act 2024 and where procedural requirements have not been met.

ACAT decisions are binding and have effect as if they were made by the coordinating or consulting practitioner. The orders take effect on the day ACAT makes its final order unless the order states otherwise.

Will I have to pay costs?

Generally at ACAT each party bears their own legal costs. There are some circumstances where a party may be ordered to pay another party’s costs.

Do I need a lawyer?

See our information about:

ACAT registry staff can give you procedural information, but not legal advice.

You may decide to get legal advice early, before making an application or before the first directions hearing.

Making an application

Steps involved

To make an application, you need to:

There is no fee to make an application under Part 10 of the Voluntary Assisted Dying Act 2024

Remember to consider:

  • are you applying within the timeframe for making the application, or do you need to apply for an extension of time?
  • do you want ACAT to make any urgent orders?

After you apply

What happens next?

After an application is lodged in ACAT, if no changes need to be made, ACAT will give the other parties to the application, the Voluntary Assisted Dying Oversight Board, and the individual’s consulting practitioner (if not already a party) a copy of your application and any attachments.

People affected by the decision may apply to be joined as a party to the application.

The coordinating or consulting practitioner who made the reviewable decision must give to ACAT any documents in their possession or under their control that are relevant to the decision being reviewed. These documents, in full or in part, may also be provided to other parties to the application, unless ACAT orders otherwise.

How will my case be progressed?

ACAT will initially schedule a hearing to discuss the application and decide how the case will be resolved. A notice will be sent stating the date, time and location to attend ACAT.

To help you prepare for the hearing, see the VAD Hearing Checklist.

The case will be heard by an ACAT Member or Members. The case will be decided as soon as possible, sometimes at the first hearing. If more information or time is required, the case may need an additional hearing on another date, and directions may be made to prepare the matter for hearing.

At the end of the final hearing, the ACAT Member or Members will either deliver a decision immediately, or they will tell the parties if they need to reserve their decision and give it later.

Find out more about how the case will progress, see our Voluntary Assisted Dying Process Map [PDF 112KB].

Urgent applications

If your application is urgent, or you are seeking urgent interim orders, fill in the ‘interim or emergency orders’ section on your Application for Review of a Decision under Part 10 VAD Act form [PDF 1,089KB]. You will need to set out what orders you are requesting and why.

If you have already lodged your application, you can complete an online application for interim or other orders form or printable application for interim or other orders form [PDF 231KB]. You will need to set out what orders you are requesting and why.

It is important that you give as many details as possible when making a request for urgent orders. You can attach an extra page to the application if you need more space.

ACAT will give a copy of your application to any other parties and ask for their views. ACAT may then make immediate orders in chambers or schedule the case for an interim hearing as soon as possible to consider your request.

Appeals

If you think ACAT made an error when it decided the application, you may apply to appeal within 28 days of the decision.

More information

Find out about:

More information

Find out about:

Glossary and terms

Glossary and terms

ACT Civil and Administrative TribunalA tribunal established under the ACT Civil and Administrative Tribunal Act 2008. It may also be referred to as ACAT or Tribunal.

Adjourn (or adjournment)To suspend or postpone a preliminary conference, mediation or hearing and reschedule it for a future date.

Administrative reviewACAT has jurisdiction to review some administrative decisions made by the ACT Government. Find out about Review of ACT Government decisions.

Alternative dispute resolution (ADR)Also known as dispute resolution. This is a way of resolving disputes without a formal hearing. It may involve a preliminary conference or mediation. ADR is used to help parties resolve cases by agreement.

AnorMeans ‘and another’. This term is generally used to name parties to proceedings when there is more than one applicant or respondent.

Appeal TribunalA tribunal constituted under section 81 of the ACT Civil and Administrative Tribunal 2008 to review a decision of the tribunal (not all ACAT decisions are appealable at ACAT – you may need to go to the Supreme Court).

AppellantThe individual or company that appeals an ACAT decision.

ApplicantThe individual or company that brings a case to ACAT, usually by making an application.

Authorising lawsA law that says an application (including referrals) may be made to ACAT. An authorising law may also set out the powers ACAT has in a case. Also see ‘jurisdiction’.

Calling a witnessA party or their representative will ‘call a witness’ at an ACAT hearing when they ask a witness to give evidence.

CaseAlso known as a matter, dispute, application or referral. Cases come to ACAT when ACAT has jurisdiction (power) to make a decision.

Cross-examinationThe process of asking a witness questions to test or check the evidence that the witness has given to ACAT.

DecisionWhat the tribunal decides or determines about an issue or a dispute. The tribunal may sometimes explain why in a statement of reasons.

Defined benefitsare the following benefits (see section 33 of the MAI Act):

  1. income replacement benefits;
  2. treatment and care benefits;
  3. quality of life benefits;
  4. death benefits;
  5. funeral benefits.

Deliver a decisionAlso ‘handing down a decision’. This is giving a decision about an ACAT case. It may be done verbally or in writing (or both).

DirectionsInstructions that set out what each party must do (and when), often to prepare a case for hearing.

Directions hearingA short hearing where an ACAT Member or Registrar decides how to manage a case and what needs to be done before a hearing. Find out about directions hearings.

Ex parte orderAn order made by ACAT where one or more parties were not present.

Expert reportA written report from an expert that may be used as evidence.

Expert witnessA person with specialised knowledge based on their training, study or experience. An expert can give evidence at a hearing. Find out more about witness statements.

Final directions hearingSometimes ACAT will hold a final directions hearing prior to the final hearing of an application. The purpose is to make sure the case is ready to go to a hearing and give the parties a chance to ask questions about the hearing process.

GuardianA guardian is a person ACAT appoints to make personal decisions, about health, welfare and where a person lives, for a person who has impaired decision-making ability (the ‘protected person’).

Handed upGiving documents to an ACAT Member or Registrar in a hearing.

In chambersWhen ACAT considers something without holding a hearing.

Joined party (joined/joinder)A party who was not originally a party to the dispute but has later been added to the case.

JurisdictionACAT’s authority (power) to deal with, hear and decide applications (cases).

LeaveIf someone asks for leave, they are usually asking for permission to do something.

List (or listing)A schedule (or list) of cases to be heard at ACAT each day.

Listing noticeA letter or written document from ACAT that sets out when a conference, mediation or hearing is scheduled at ACAT.

ManagerA manager is a person ACAT appoints to make decisions, about property and money, for a person with impaired decision-making ability (the ‘protected person’).

MAI ActMotor Accident Injuries Act 2019 (ACT).

MediationA private meeting where parties discuss ways to resolve their dispute, with the help of an impartial mediator (who is also an ACAT Member or Registrar). It is held under section 35 of the ACT Civil and Administrative Tribunal Act 2008.

Non-publication and/or non-disclosure orderAlso called a ‘suppression order’. It is an order that requires certain information not to be published or disclosed. It is made under section 39 of the ACT Civil and Administrative Tribunal Act 2008. Find out about public hearings and confidentiality.

Notice to partiesA letter sent to the parties in a case that sets out the time, date and location for an ACAT conference, mediation or hearing.

Opening statementUsually means a statement made at the beginning of a hearing to outline the key points in the case. Sometimes parties are asked to give an opening statement at a mediation or preliminary conference.

OrderA direction or instruction of the tribunal that a person do a certain thing. The tribunal can make different types of orders depending on the case type and the tribunal’s powers in a case or dispute.

Originating applicationAn application that starts an ACAT case.

Party or partiesAn individual or company directly involved in an ACAT case, for example an applicant or respondent. Find out how to identify and name parties.

Preliminary conferenceA private meeting where parties discuss ways to resolve their dispute with the help of an ACAT Member or Registrar. See section 33 of the ACT Civil and Administrative Tribunal Act 2008. ACAT has different types of preliminary conferences.

Protected personA person who has impaired decision-making ability and about whom an application to ACAT may be made seeking orders under the Guardianship and Management of Property Act 1991 or the Power of Attorney Act 2006.

RegistryThe administrative section of ACAT that accepts documents lodged by parties, handles enquiries and provides support for case management.

Relevant insurerfor a motor accident, means the insurer under the Motor Accident Injuries Act 2019 (see section 34) of the motor vehicle considered to be at fault for the motor accident in the ACT.

RepresentativeA person who represents or advocates for an individual or company at a conference, mediation or hearing at ACAT. For example, a legal practitioner or an attorney appointed under a general power of attorney.

Reserved decisionWhen an ACAT Member or Registrar reserves a decision (at the end of a hearing), this means they will give their decision later, either verbally or in writing (sometimes both).

RespondentThe party (or parties) against whom orders or relief is sought.

Serve/serviceA person who can give evidence at a hearing. Find out about witness statements.

Short service orderAn order that authorises a shorter time for service (than the time otherwise required).

Significant occupational impact (SOI)Significant impact on an injured person’s ability to undertake employment.

Statement of reasonsA document that explains why ACAT made an order in a case. It sets out the law relied on by an ACAT Member or Registrar and explains how the law was applied to the facts of the case. You can request a written statement of reasons within 14 days after an order is made. Find out about statement of reasons.

StayAn order for a particular action (or decision) to be put on hold or suspended for a period of time.

SubmissionA document that sets out your side of a case or dispute and the relevant law. It is presented to ACAT either in writing, verbally or both. Find out about submissions.

SubpoenaRequires a person to appear at ACAT to give evidence or provide documents (or both). Find out about subpoenas.

Substituted service orderAn order that says how a party is to be served with an application or other documents related to the proceedings. In a civil dispute or a rental dispute, an applicant will need to consider asking for a substituted service order if they do not have a physical address for the respondent. Find out about lodging and serving documents.

WitnessA person who can give evidence at a hearing. Find out about witness statements.