Sex offender first man in custody granted right to ‘die with dignity’ in NSW

A convicted sex offender has died in hospital after lodging a successful application to the state’s voluntary assisted dying scheme in a first-of-its-kind case for NSW.

The man, who can’t be named for legal reasons, was diagnosed with terminal cancer after serving seven years of his 30-year sentence for various sex crimes. He applied to gain access to the scheme through Justice Health.

NSW Corrections Minister Anoulack Chanthivong and Health Minister Ryan Park said they were not consulted on the decision to approve his application. The man died in hospital last week.

”The NSW Voluntary Assisted Dying Board is the independent oversight and decision-making body,” Park said.

“A key function of the board is deciding whether to approve or refuse applications for access to voluntary assisted dying in line with strict legislative requirements.”

The process of voluntary assisted dying involves four stages of approval, including the final approval of the Voluntary Assisted Dying Board, comprising five legal and medical practitioners.

According to data published in November, in the seven months after voluntary assisted dying became legal in NSW, 1141 people applied to use it and 398 people died after an independent board deemed them eligible to take a lethal substance.

Victims’ advocates have spoken out against the decision to approve the offender’s application, saying the priority of Justice Health officials should be to approve applications for “good, decent people … not those who are convicted of vile crimes”.

Union representatives sounded the alarm over the implementation of voluntary assisted dying policies for inmates during initial consultations in 2023, but they were told that Corrective Services would be blocked from involvement in the assessment of inmate applications.

Justice Health policies from 2023 say Corrective Services NSW has no part to play in the approval process beyond allowing the inmate access to Justice Health medical practitioners and eligible witnesses. The policy says “no further advice from CSNSW staff may be given”.

A Justice Health and Forensic Mental Health Network spokesman told this masthead that Justice Health NSW worked in collaboration with relevant local health districts and Corrective Services NSW to allow eligible patients in custody to access voluntary assisted dying.

“We remain committed to providing high-quality health care, including end of life care. Like the wider community, patients under the care of Justice Health NSW must meet specific eligibility criteria to pursue voluntary assisted dying, including approval from the NSW Voluntary Assisted Dying Board,” the spokesman said.

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