The requirement that a person has been ordinarily resident in a state for at least 12 months is the most litigated criterion of eligibility for voluntary assisted dying in Australia. The state residence criterion is problematic for people who live a nomadic lifestyle, spend long periods of time interstate or overseas, move between states for work, or have retired to another state. We analyse the case law on this issue, and the policy reasons for this eligibility requirement, and conclude that the original reasons for including this requirement are no longer persuasive. We consider options for reform. Although some of the problems this requirement causes may be ameliorated by introducing an exemption, or allowing mutual recognition of eligibility in another state, we recommend repeal of the state residence requirement. This has the advantage of legal and practical simplicity, avoids concerns about unconstitutionality, and is consonant with assisted dying laws internationally.

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