Professor Mary Donnelly:

I cannot bet on whether Victoria will or will not retain that restriction. It would be one of the possibilities for us to consider for use here. The points made concerning making an advance refusal of treatment are fair. It is a difficult point to know and to set out clearly but not beyond the wit of legislators to give effect to.

One thing that would be absolutely essential were we to attempt to do this would be to ensure that any action by individuals after losing capacity which indicated that what was being done in this regard was not in accordance with their will and preference would be determinative. In other words, in my view, because of the importance of the will and preference of individuals, notwithstanding their lack of capacity, these aspects would have to be determinative in a situation like that and it would never be appropriate to do otherwise.

I do not deny that it would be challenging to draw up appropriate advanced assisted dying legislation, except, as I have said, there is that little example of the end of life - that short gap thing which I think is more deliverable and worth considering, although perhaps politicians might make the call that perhaps it is not appropriate.