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Voluntary Assisted Dying (VAD) refers to the legal process through which a person with a terminal illness and intolerable suffering can voluntarily request medical assistance to end their life, under strict legal and medical guidelines.

Bene Aged Care’s Position
Bene Aged Care acknowledges the right of individuals to make informed choices about their end-of-life care, including accessing voluntary assisted dying where legally available. Bene will support the older people in navigating their legal rights around VAD but will not initiate, manage, administer, or store VAD substances.

Why we think this
Bene Aged Care is committed to respecting the autonomy and dignity of older people, including their right to determine the manner and timing of their death in accordance with their values, culture, and beliefs. This approach aligns with person-centred care principles and human rights-based frameworks that underpin modern aged care.

There is growing community and legislative recognition across Australia that competent adults with life-limiting illnesses should have the option to access VAD.

Bene supports the principle that no person should be compelled to suffer beyond their wishes. However, it is essential to distinguish between VAD and palliative care. Palliative care aims to alleviate suffering without hastening death and remains an essential offering in aged care.

Our position is consistent with guidance from national organisations such as Palliative Care Australia and the Australian Medical Association, which emphasise the importance of maintaining clear boundaries between palliative care and VAD.

Bene Aged Care will support an older person’s right to choose to access VAD in the community setting and in our residential care homes, consistent with the ‘Statement of Rights’, and we will respect the person’s wishes in relation to confidentiality. Workers may be involved in providing support to people accessing VAD. This may include ensuring access to medical care and providing emotional support.

References:

• Palliative Care Australia. Palliative Care and Voluntary Assisted Dying Position Statement, 2019
• Australian Medical Association. Position Statement on Voluntary Assisted Dying, 2023
• Australian Nursing and Midwifery Federation. Voluntary Assisted Dying Position Statement, 2023

Download Position Statement

Bene does not support the use of optical surveillance or listening devices in an individual’s room in residential aged care, as it undermines the person’s right to dignity, privacy, and autonomy. Surveillance in private spaces may create a culture of distrust and is inconsistent with the values of person-centred, dignified and respectful care.

CCTV is currently used in public areas of our residential care facilities to support safety and accountability. However, there may be rare and exceptional circumstances where the use of CCTV in a person’s private room is considered. For example, this may occur when there are significant concerns about a person’s safety or care and surveillance is the most appropriate way to fulfill our duty of care or act in the public interest.

This would be done carefully, in consultation with the individual and their family (where appropriate) and taking into account safety, privacy, dignity and legal considerations.

Safety and Quality

Achieving high standards of safety and quality are achieved through:

• strong relationships
• skilled staff
• teamwork
• robust reporting procedures
• use of technology such as movement sensors which provide alerts when motion is recorded
• responsive care practices.

The presence of recording devices may negatively impact the emotional wellbeing of individuals and staff.

Privacy and Dignity

Residential aged care should provide a home-like environment where each person feels safe, respected, and free from unnecessary intrusion. Installing optical surveillance or listening devices in a  private space or room may comprise these values and is inconsistent with the Statement of Rights.  

Legal Issues

Under the Surveillance Devices Act 2016 (SA) (Act), it is unlawful to use an optical surveillance device to record or observe the carrying on of a private activity without the consent of each party to that activity. It is also unlawful to install such a device for that purpose without the express or implied consent of each party to the activity, as well as the express or implied consent of the owner or occupier of the premises.

Listening devices

Please note that similar rules apply in relation to the use of a listening device under the Act. Unless an exemption under the Act applies, a listening device must not be used to record a private conversation without the express or implied consent of all parties to the conversation and the express or implied consent of the owner or occupier of the premises in which the device is being used.

Glossary

Listening device means a device capable of being used to listen to or record a private conversation or words spoken to or by any person in private conversation (whether or not the device is also capable of operating as some other kind of surveillance device) and associated equipment.

Optical surveillance device means a device capable of being used to observe or record visually (whether for still or moving pictures) a person, place or activity, and associated equipment.

Private activity means:

• an activity carried on by only one person in circumstances that may reasonably be taken to indicate that the person does not desire to be observed by any other person
• an activity carried on by more than one person in circumstances that may reasonably be taken to indicate that at least one party to the activity desires that it be observed only by the other parties,

but does not include an activity in a ‘public place’ (which includes a place to which free access is permitted to the public with the express or tacit consent of the owner or occupier of that place).

Download Position Statement