Voluntary Assisted Dying Act 2021 (Qld): Conscientious Objection Controversies

The right to conscientious objection has been reflected in multiple Australian jurisdictions for different purposes. The Voluntary Assisted Dying Act 2021(Qld) provides for conscientious objection and the scope of these provisions has proved a contentious topic. Through applying casuistical approaches and a rights-based ethical perspective, this article seeks to determine whether the referral requirement for objecting practitioners appropriately infringes on a practitioner's right of conscientious objection; whether the scope of professionals eligible to object conscientiously has been appropriately formulated; and whether an obligation to refer without a penalty for failure is a sufficient patient safeguard. The discussion concludes with possible considerations for future amendments to the Voluntary Assisted Dying Act.