Conscientious objection

A conscientious objection is when a person declines to participate in a lawful process or procedure due to their personal beliefs, values, or moral concerns.

A healthcare worker has the right to refuse to participate in the process if they conscientiously object to voluntary assisted dying. However, registered health practitioners and speech pathologists have obligations under the Act that apply if they hold a conscientious objection.

Registered health practitioner obligations

Registered health practitioners who conscientiously object to participating have obligations under the Voluntary Assisted Dying Act 2021 (the Act).

A registered health practitioner who conscientiously objects to voluntary assisted dying has the right to refuse to:

  • participate in the request and assessment process
  • participate in an administration decision
  • prescribe, supply or administer a voluntary assisted dying substance
  • be present at the time of the administration of a voluntary assisted dying substance
  • provide information to another person about the voluntary assisted dying process.

If a registered health practitioner refuses to participate in any of the above steps due to conscientious objection, they must give the person:

Speech pathologist obligations

While speech pathologists are not registered health practitioners, the Act protects their right to conscientiously object to participating in voluntary assisted dying.

A speech pathologist who conscientiously objects to voluntary assisted dying has the right to refuse to:

  • participate in the request and assessment process
  • participate in an administration decision
  • be present at the time of the administration of a voluntary assisted dying substance
  • provide information to another person about voluntary assisted dying.

If a speech pathologist refuses to provide speech pathologist services for any of the above steps due to conscientious objection, they must:

  • inform their employer or the other person that they conscientiously object
  • inform their employer or the other person of another provider who they believe is likely to be able to assist with providing speech pathology services to the person requesting access to voluntary assisted dying, and
  • not intentionally impede the person’s access to voluntary assisted dying.

If a speech pathologist is employed or engaged by a health service provider that is likely to provide voluntary assisted dying, they must also:

  • inform the health service provider of their conscientious objection
  • discuss with the health service provider how they can practise in accordance with their beliefs without placing a burden on their colleagues or compromising a person’s access to voluntary assisted dying.

Healthcare workers

Healthcare workers who are not registered health practitioners or speech pathologists can conscientiously object to participating in any stage of the voluntary assisted dying process.

Only registered health practitioners and speech pathologists are required to provide information to the patient. However, it is good clinical practice for healthcare workers to:

  • inform their employer and the person seeking access to voluntary assisted dying of their objection
  • ensure the person’s treatment or care is not impacted if they choose to request information or services elsewhere.

Last updated: 12 May 2023