If you would like to be considered for future vacancies on the NSW Voluntary Assisted Dying Board, please visit Expressions of interest – future vacancies.
The Voluntary Assisted Dying Act 2022 (the Act) 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:
The Act specifies that the Board consists of five members jointly appointed by the Minister for Health and the Attorney General by Gazette notice.
The Board is required to prepare and give to the Minister for Health a report on the operation of the Act within 6 months of the end of each financial year.
Emeritus Professor Jenni Millbank (Chairperson) is a researcher, legal practitioner specialising in health law and an experienced tribunal decision-maker. Professor Millbank currently serves on several other regulatory bodies, including the NSW Dental Council, the Professional Standards Councils and the Professional Services Review Determining Authority.
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 Darrell Duncan is a specialist medical administrator in the Australian Public Service with the Department of Defence. He has served for over 40 years in the Army (full-time and reserve) and holds the rank of Brigadier. He is also a vocationally registered General Practitioner. He holds postgraduate qualifications in health informatics, medical administration, public health and clinical epidemiology.
Dr Tamsin Waterhouse is a Barrister in Maurice Byers Chambers, specialising in health law. She trained first as a clinical doctor, working as a general practitioner and later in health management. Dr Waterhouse held senior medical leadership positions in hospitals and Local Health Districts from 2013 until being called to the bar in 2021.
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.
Under the Act, a person may apply to the Board for an exemption from the requirement to have been ordinarily resident in NSW for at least 12 months.
Residency exemptions are considered by the Board on a case-by-case basis.
The Board must grant the exemption if they are satisfied that you:
There are no exemption provisions for the other eligibility criteria.
Examples of a substantial connection to NSW include:
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.
Follow the steps below to apply for a residency exemption.
You can ask a support person or your doctor to complete or submit the application on your behalf.
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 you are not granted a residency exemption, you will not be eligible to access voluntary assisted dying in NSW until you:
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 a 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.
Ask your doctor or contact the NSW Voluntary Assisted Dying Care Navigator Service if you have any questions about the application process.
The Board has entered into an arrangement under section 81(2) of the Public Interest Disclosures Act 2022 (PID Act). All functions of the Board under the PID Act are performed by the Ministry of Health.
For more information, visit public interest disclosures.