Monash University
Browse

The Exclusion of Long-Term Australian Residents from Access to Voluntary Assisted Dying: A Critique of the ‘Permanent Resident’ Eligibility Criterion

Download (829.94 kB)
Version 3 2024-10-04, 17:01
Version 2 2024-03-15, 05:24
Version 1 2024-03-15, 05:18
journal contribution
posted on 2024-10-04, 17:01 authored by Katrine Del Villar, Lindy Willmott, Ben P White

When state parliaments legalised voluntary assisted dying (‘VAD’), they could not have anticipated that the requirement to be ‘an Australian citizen or permanent resident’ would be one of the main areas of controversy. This criterion of eligibility was intended to prevent people travelling from other countries to access VAD. However, because the term ‘permanent resident’ is not defined in the legislation, it has unfortunately prevented some long-term Australian residents from accessing VAD. We evaluate various definitions of ‘permanent resident’ and conclude that a plain English definition better suits the text, context, and purpose of the VAD laws than the technical definitions found in migration or citizenship legislation. We then suggest policy and statutory reform to ameliorate some of the problems which have occurred in practice.

History

Publication Date

2023

Volume

49

Issue

2

Type

Journal Article

Pages

249–291

AGLC Citation

Katrine Del Villar, Lindy Willmott and Ben P White, 'The Exclusion of Long-Term Australian Residents from Access to Voluntary Assisted Dying: A Critique of the "Permanent Resident" Eligibility Criterion' (2023) 49(2) Monash University Law Review 249.

Usage metrics

    Monash University Law Review

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC