“In politics, delay is used to avoid decision making. The establishment of a two-year Citizens’ Jury at the cost of $3.1million simply introduces a new level of the delay tactic,” writes political columnist MICHAEL MOORE.

The art of being seen to act while deliberately obfuscating has been taken to a new level by the ACT Government.

The government deserves recognition for introducing and following through on voluntary assisted dying legislation. However, now is not the time for delay. 

In politics there are always three prime choices – support, oppose or delay. Delay is used to avoid decision making. The establishment of a two-year Citizens’ Jury at the cost of $3.1million simply introduces a new level of the delay tactic. 

Although the concept of the Citizens’ Jury has been shown internationally to be an effective consultation tool, there is already enough evidence to make a sensible decision. Instead, there is another two-year delay. And introducing seriously restricted terms of reference. 

The Citizens’ Jury will be asked to consider “what should happen if a person loses decision-making capacity after the final assessment stage of the voluntary assisted dying process”. This question has already been extensively considered.

It is not too late for government ministers. There really is enough information. Make a decision! Granted, these are complex issues, but look at the lengthy processes that have been implemented to date.

Over a year ago ministers Rachel Stephen-Smith and Tara Cheyne published a joint media statement that included: “The ACT Government has released the findings of an extensive consultation into one of the most complex and sensitive issues in voluntary assisted dying (VAD): what happens when a person approved for VAD loses decision-making capacity before the process is completed”.

Okay, ministers, that was a year ago. If you can’t come to a decision, and considering the inherently long delays and the expenditure of another $3.1million, at least modify the terms of reference. Make the consultation worthwhile.

Sam Delaney, the president of Dying with Dignity ACT, responded to the announcement of the Citizens’ Jury approach arguing: “While we welcome any move to widen access to voluntary assisted dying in the ACT, this initiative is far too narrow in scope”.

He called on the Minister “to widen the remit of the citizens jury to allow a much wider consideration of the use of advance care directives or similar instruments to give access to voluntary assisted dying”.

This legislation has been the subject of debate and consultation in the ACT Legislative Assembly for more than 30 years. The legislation works effectively for some. This was effectively illustrated by the well-publicised case of the dignified death of CityNews columnist and author Robert Macklin in January. 

However, as was understood when the legislation passed the Legislative Assembly on June 5 2024, there are real challenges for others. So much so, that a motion was put by Labor’s Dr Marisa Paterson on the following day and was passed in the Assembly. It called for consultation on a range of details in the new legislation, even prior to it coming into effect in November 2025.

By mid-2025 ACT Government ministers reported that the ACT Health Directorate had “engaged with more than 100 stakeholders across the health, legal, ethical and community sectors, including clinicians, academics, oversight boards, and international experts.”

The consultation focused on a specific scenario – where a person who has already been approved for VAD loses decision-making capacity after final approval but before the VAD medication is administered, making them ineligible under current law.

According to Minister Stephen-Smith: “This issue touches on deeply held values about dignity, autonomy, and compassion at the end of life,” and “this is not a conversation we take lightly. But we are committed to engaging deeply and respectfully with our community to ensure our laws continue to reflect our values – compassion, safety and respect for personal choice”.

Although the language used is designed to appeal to sympathy, it is also used to extend the delay. 

Mr Delaney pointed out the futility of the delay by extrapolating from Canada where experience indicates “fewer than five people a year in the ACT are likely to benefit from allowing access for a person assessed as eligible for voluntary assisted dying but who then lost decision-making capacity.”

He suggested the government could open the consultation process to consider “people who lose decision-making capacity in other circumstances, who are not able to access voluntary assisted dying: such as those who are only part way through the VAD process, people who have a stroke, or other major health event, or accident”.

Michael Moore is a former member of the ACT Legislative Assembly and an independent minister for health. He has been a political columnist with “CityNews” since 2006.