Man denied assisted dying wins partial victory in early test of ACT law

A man seeking voluntary assisted dying in Australia's Australian Capital Territory (ACT) has won a partial victory in an early test of the territory's new laws, though he remains ineligible for the scheme. The ACT Civil and Administrative Tribunal found the man possesses the mental capacity to make the decision, but it could not rule on whether his health condition met the legal criteria.

The case is significant as one of the first to test how unsuccessful applicants can challenge a rejection under the ACT's Voluntary Assisted Dying Act 2024, which came into effect in November 2025. The man, who cannot be named for legal reasons, applied in January last year to end his life.

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The tribunal orders that the applicant has decision-making capacity in relation to voluntary assisted dying.

He informed the tribunal that he suffered from three conditions that collectively amounted to chronic pain syndrome, a worsening ailment he claimed would eventually kill him. Court documents indicate his conditions are advanced, progressive, and terminal in effect. However, the coordinating practitioner, responsible for assessing eligibility, determined his condition was not "advanced, progressive and expected to cause death" as required by law.

The practitioner also expressed uncertainty about whether the man fully understood his condition and treatment options to make a decision. The tribunal, after two hearings and reviewing a letter from the man's general practitioner, ruled that he does have decision-making capacity regarding voluntary assisted dying. The tribunal stressed that this decision did not criticize the coordinating practitioner and focused solely on the capacity aspect, not the health condition itself.

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In reaching this conclusion, we do not intend any criticism of the approach taken and co