NSW Voluntary Assisted Dying Board

About the NSW Voluntary Assisted Dying Board

The Voluntary Assisted Dying Act 2022 establishes the NSW Voluntary Assisted Dying Board (the Board) as an independent oversight and decision-making body with responsibility for performing the functions and exercising the powers conferred upon it by the Act.

Key functions of the Board include:

• monitoring and reporting on the operation of the Act
• deciding whether to approve or refuse applications for access to voluntary assisted dying
• keeping a list of registered health practitioners who are willing to provide voluntary assisted dying services.

The Act specifies that the Board consists of five members jointly appointed by the Minister for Health and the Attorney General by Gazette notice (published 27 October 2023).

Board members

Professor Jenni Millbank (Chair)

Professor Jenni Millbank is Distinguished Professor at the Faculty of Law at University of Technology Sydney where she is currently Associate Dean of Academic Staff and previously was the founding Director of the Law Health Justice Research Centre. Professor Millbank is also a legal practitioner and an experienced tribunal decision-maker.

Mr Patrick Knowles SC (Deputy Chair)

Mr Patrick Knowles SC is a Barrister at Tenth Floor Chambers. He was admitted as a legal practitioner in 2004, became a Barrister in 2009 and was appointed Senior Counsel in 2022. He specialises in administrative law.

Dr Philip Hungerford

Dr Philip Hungerford has been a regional staff specialist for over 30 years. He has dedicated most of his career to rural health, practicing in a regional centre and taking on Director positions in the emergency, intensive care, medical retrieval and palliative care sectors.

Dr Tamsin Waterhouse

Dr Tamsin Waterhouse has been a Barrister with Maurice Byers Chambers since June 2021. Also a doctor, her health leadership background includes senior medical management positions at Sydney Local Health District (2013-2018) then Northern Sydney Local Health District from 2018 until she was called to the bar.

Dr Rohan Krishnan

Dr Rohan Krishnan is a general dentist who also works in a multi-disciplinary clinic looking after patients with chronic pain. He also has long-standing involvement in the provision of pro-bono care for patients with disability, asylum seekers and refugees.

Residency exemptions

There are no exemption provisions for the other eligibility criteria.​​

Substantial connection to NSW

Examples of a substantial connection to NSW include: 

• You are a long-term resident of a place close to the NSW border and you work or receive medical treatment in NSW.
• You have recently moved to NSW to be closer to family members who live in NSW for care and support as a result of your terminal illness.
• You live outside NSW but you are a former resident of NSW and your family lives in NSW. 

Compassionate grounds

Compassionate grounds will be considered by the Board on a case-by-case basis.

Compassionate grounds are reasons for letting someone do something out of concern for their situation. 

Application process

Follow the steps below to apply for a residency exemption.

1. Submit the following information to the Board:
• Completed Residency Exemption Application Form. Contact the NSW Voluntary Assisted Dying Care Navigator Service to get a copy of this form. The application form will explain how to submit your application
• Evidence of your substantial connection to NSW. This should include a statement from you outlining your relationship with NSW through links such as work, family and friends, former residence or current treatment. It can also include:
• medical records or a letter from your doctor confirming you are receiving treatment in NSW and supporting your statement
• a letter from a family member or friend in NSW supporting your statement
• a letter from your employer in NSW supporting your statement
• evidence of former residency in NSW.
• Evidence demonstrating the compassionate grounds for granting the exemption. This should include a statement from you outlining the compassionate grounds on which you are seeking to access voluntary assisted dying in NSW. It can also include:
• medical records or a letter from your doctor indicating that you are likely to meet the other eligibility criteria for voluntary assisted dying and supporting your statement 
• a letter from a family member or friend supporting your statement.
2. The Board will consider your application as soon as possible after you submit it. You may be asked for further information to support your application.
3. You will receive the outcome of your application via email. This will happen once the Board receives and considers all the information you have provided.

You can ask a support person or your doctor to complete or submit the application on your behalf.

If your application is granted

 If you are granted a residency exemption, you may choose to seek access to voluntary assisted dying. You need to meet all other requirements under the law.
If you would like to be connected to a doctor to access voluntary assisted dying you should speak to your usual treating team. You can also contact the NSW Voluntary Assisted Dying Care Navigator Service.

Every step of the NSW voluntary assisted dying process must occur in NSW. You and your doctor both need to be physically in NSW for each step. This also applies if you are in a border region outside NSW and you receive a residency exemption.

If your application is refused

If you are not granted a residency exemption, you will not be eligible to access to voluntary assisted dying in NSW until you:

• have been ordinarily resident in NSW for at least 12 months at the time of making a first request, and
• meet all the other eligibility criteria.

Residency exemptions will be carefully considered on a case-by-case basis. If the Board declines your application, unfortunately you cannot appeal this decision. The Board would only reconsider a request if there is new information or significant change to the application.

In all cases you should talk to your doctor about other care and support available to you, including palliative care.

Questions about the application process

Ask your doctor or contact the NSW Voluntary Assisted Dying Care Navigator Service if you have any questions about the application process.