Voluntary assisted dying exemptions
Residency exemption
If you need to apply for a residency exemption your coordinating doctor will provide you with a Practitioner referral letter. Your coordinating doctor will only provide you with this letter if they consider you may meet the other 4 eligibility criteria. You will then need to submit this letter, the Residency Exemption Application Form and supporting information to VADExemptions@health.qld.gov.au to apply for a residency exemption.
Read more about the residency requirements and exemptions process .
Exemption: Australian residency
If you are not an Australian citizen or permanent resident and have not been ordinarily resident in Australia for the 3 years immediately before making a first request, you may still be eligible for voluntary assisted dying if you are granted an Australian residency exemption by Queensland Health.
Queensland Health will grant an Australian residency exemption if satisfied you:
- have a substantial connection to Queensland; and
- there are compassionate grounds for granting the exemption.
An example of a substantial connection to Queensland include a person who:
- is not a citizen or permanent resident of Australia but has been living in Queensland for several years.
Exemption: Queensland residency
If you have not been ordinarily resident in Queensland for the 12 months immediately before making a first request, you may still be eligible for voluntary assisted dying if you are granted a Queensland residency exemption by Queensland Health.
Queensland Health will grant a Queensland residency exemption if satisfied you:
- have a substantial connection to Queensland; and
- there are compassionate grounds for granting the exemption.
Examples of a substantial connection to Queensland include a person who:
- is not a citizen or permanent resident of Australia but has been living in Queensland for several years
- resides outside Queensland but who is a former resident of Queensland and whose family resides in Queensland
- is a long-term resident of a place close to the Queensland border and who works in Queensland and receives medical treatment in Queensland.
Exemption process must occur in Queensland
All steps in the process must occur in Queensland for the protections from liability under the Voluntary Assisted Dying Act 2021 to apply.
More information
Residency requirements and exemptions process fact sheet
Request a copy of the Residency Exemption Application Form by emailing: VADExemptions@health.qld.gov.au or contacting QVAD Support on QVADSupport@health.qld.gov.au
Doctors and Hospital and Health Service Voluntary Assisted Dying Coordinators can request the letter of support template by emailing: VADExemptions@health.qld.gov.au or contacting QVAD Support on QVADSupport@health.qld.gov.au.
Interpreter exemption
Interpreters must hold one of the following National Accreditation Authority for Translators and Interpreters (NAATI) accreditations:
- Certified Provisional Interpreter
- Certified Interpreter
- Certified Specialist Health Interpreter
- Certified Specialist Legal Interpreter
- Certified Conference Interpreter
Interpreters granted Recognised Practising Interpreter status by NAATI will not be accredited interpreters for the purpose of providing interpreter services for a person accessing voluntary assisted dying.
Recognised Practising Interpreter status is granted by NAATI in emerging or low community demand languages for which NAATI does not offer certification (but for which regular professional development must still be undertaken).
Your coordinating, consulting or administering doctor or nurse will be responsible for requesting an interpreter exemption from Queensland Health.
Under section 157 of the Act, an interpreter who does not have NAATI accreditation at the specified levels may be granted an exemption by Queensland Health, if:
- there is no accredited interpreter available in a particular case, and
- there are exceptional circumstances for granting the exemption.
Examples of circumstances that may be considered exceptional are:
- You have completed the request and assessment stages with an interpreter who is no longer available and need an interpreter exemption for an interpreter to be present for your practitioner administration.
- If you are eligible to access voluntary assisted dying but there are no NAATI accredited interpreters to assist. A person who has is considered an expert in interpreting in that language and is used in other legal or health situations for interpreting may be granted an exemption.