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ACT Tribunal Rules It Cannot Overturn Doctor’s VAD Eligibility Decision

The decision confirms medical assessors have the final say on whether a condition meets the law and leaves the applicant to seek reassessment or take court action in the ACT Supreme Court.

Overview

  • The ACT Civil and Administrative Tribunal found in mid-July 2026 that it has no jurisdiction to review a coordinating authorised practitioner’s medical finding that an applicant’s condition is not “advanced, progressive and expected to cause death.”
  • The tribunal separately ruled that the unnamed applicant does have the decision-making capacity required under the Voluntary Assisted Dying Act 2024, after considering evidence including a long‑time GP’s letter.
  • A coordinating practitioner had assessed the applicant as ineligible because they concluded his three conditions were not advanced, were not approaching the end of life, and were not expected to cause death, and had recorded uncertainty about capacity at the time of the assessment.
  • The ruling leaves two clear paths for the applicant: submit a fresh request and be assessed by a different authorised practitioner, or pursue further legal challenges, including human‑rights arguments, in the ACT Supreme Court.
  • The case is an early legal test of the ACT’s VAD framework and highlights how the Act’s strict eligibility language and limits on tribunal review will shape practical access to assisted dying under the territory scheme.