Who can be present during a VAD death?

Australia · 29 August 2026 · 7 min read · Reviewed by Dr Kane Treble

The person choosing voluntary assisted dying (VAD) usually decides who they want with them, if anyone.

General information: This page gives general information for people in Australia. It cannot tell you exactly what will happen in one person's situation. If you have concerns about a symptom, medicine, treatment decision or change in someone's condition, contact their doctor, palliative care team, nurse or other treating health professional. VAD laws, forms and service pathways differ by state and territory, so confirm the current rules with the person's VAD practitioner or official VAD care navigator service.

The person choosing voluntary assisted dying (VAD) usually decides who they want with them, if anyone. This may include a partner, adult children, other family, friends, a carer, a spiritual or cultural support person, a nurse, a doctor or another trusted person.

The law does not make every family member attend, and it does not give family members the right to be present against the person's wishes. The person's privacy and consent still matter. They can choose a small group, a larger group if the setting allows it, or no one at all, depending on the law, safety plan and service arrangements in their state or territory.

VAD is operating in Victoria, New South Wales, Queensland, Western Australia, South Australia, Tasmania and the Australian Capital Territory. News reports said the Northern Territory Parliament passed VAD laws on 27 August 2026, with implementation to follow. At 29 August 2026, an official operational commencement source for the Northern Territory was not verified for these pages, so the Northern Territory is treated here as not yet operational.

Self-administration and who can be there

When a person self-administers VAD medication, they take the medication themselves. Other people can usually be present if the person wants them there and the place allows it.

In some jurisdictions, there is no legal requirement for a witness or health professional to be present for self-administration. Even so, official guidance often encourages the person not to be alone. If they do not want anyone in the room, it is still wise to have a clear plan for who will know what has happened, who will be contacted, and how the death will be certified.

People present should understand one rule clearly: unless they are an authorised practitioner acting within the law, they must not administer the VAD medication. They should not put it in the person's mouth, press a syringe, connect a tube, or do another act that the law treats as administration. If the person may need physical help, the VAD practitioner or care navigator should explain what support is lawful in that jurisdiction.

Practitioner administration and witnesses

Practitioner administration is different. It means an authorised practitioner gives the VAD medication. This may be allowed only in certain situations, and the criteria differ by jurisdiction.

For practitioner administration, the authorised practitioner must be present. Some jurisdictions require a witness, often an adult, and set rules about who can witness. The practitioner must also complete final checks, such as making sure the person still has decision-making capacity for VAD and is acting voluntarily.

Family and friends may also be in the room if the person wants that and the setting allows it. A witness is not the same as a support person. A witness has a legal role. A support person is there for comfort, cultural care, spiritual care, practical support or companionship.

What if family members disagree?

Family members may have different views about VAD. Some may strongly support the person's choice. Some may be distressed or opposed. Some may not want to be present but still love the person and want to say goodbye in another way.

The person accessing VAD should not be pressured to include or exclude anyone. If there is disagreement, the VAD practitioner, palliative care team, social worker, counsellor, pastoral care worker or care navigator may help the person plan what feels manageable and safe.

If someone is likely to argue, pressure the person, film without consent, interfere with medication or distress others, it may be better for them not to be present. The person's safety, privacy and voluntary choice come first.

Planning the room

The day can be easier if the group agrees on simple things beforehand. This might include who will sit closest, who will speak, whether music or prayer will happen, who will look after pets, who will support children, and who will make phone calls after death.

Hospitals, hospices and aged care services may have limits on room size, visiting hours, infection control, cultural practices, food, candles, smoking, alcohol, photography or ceremonies. Ask early. Many services will try to support meaningful plans, but they must also follow their own legal and safety duties.

If someone cannot be there

Some people cannot attend because of distance, grief, illness, family conflict, work, caring duties or personal beliefs. That does not mean they have failed the person.

They might visit earlier, speak by phone where lawful and appropriate, write a letter, record a message, send music, ask someone to read a note, or take part in a later ceremony. Because Commonwealth law can restrict some electronic communication about VAD, ask the VAD practitioner what can and cannot be discussed by phone, video or messaging.

When to get help now

Contact the VAD practitioner, palliative care team or official care navigator service if there is pressure, conflict, uncertainty about who can lawfully help, or concern that the person no longer wants VAD.

Call 000 if there is immediate danger, violence, threats, or a medical emergency outside the person's agreed expected-death plan.