Overview
The Voluntary Assisted Dying Review Board (the Board) is an independent statutory body (public entity) established under section 92 of the Voluntary Assisted Dying Act 2017 (the Act) to oversee the safe and lawful operation of the Act.
The Board operates under Part 9 of the Voluntary Assisted Dying Act 2017 and Part 5 of the Public Administration Act (2004), requiring it to monitor matters related to the VAD program and advise the Minister or Secretary accordingly.
The Board’s functions and powers are explicitly provided for by the Act. The overarching responsibilities include:
- promoting quality and safety
- promoting compliance with the Act
- conducting research using information provided to it
- engaging with key stakeholders, including the Victorian community, relevant organisations, and health practitioners
- providing reports to Parliament, including an annual report
- making recommendations for improvements to voluntary assisted dying
- referring issues to relevant authorities (if required).
Membership
The Board shall consist of the Chair, a Deputy Chair, and members appointed by the Minister through an order published in the Government Gazette. Members hold office for a period not exceeding three years and are eligible for reappointment. Members of the Board are entitled to receive fees and allowances that are fixed in accordance with the appointment and remuneration guidelines1 by the Minister.
With the approval of the Minister, the Board may co-opt a person with relevant knowledge or skills to assist with a particular matter. A co-opted person is regarded as a member of the Board for the duration of their co-option. Members are expected to:
- act honestly, in good faith, with integrity, using a reasonable degree of care, diligence and skill
- maintain a thorough understanding of, and comply with, the terms of reference and the expectations of members in meetings
- declare any conflicts of interest at the beginning of each meeting and complete an annual Declaration of Private Interests
- ensure that a diverse range of views and perspectives are considered, and explicitly and respectfully engage with differing viewpoints
- embrace the solidarity principle that applies once a recommendation has been made and demonstrate collective accountability and responsibility for the direction taken
- facilitate an environment for members to behave to the highest standards and provide appropriate ways to report and act on inappropriate behaviours.
Confidentiality
Board members must not, during or after their term of office, disclose any information acquired in the course of their duties except where:
- it is necessary to perform their functions as a Board member
- disclosure is authorised, permitted, or required by law, or
- the Board or the Chair has formally authorised disclosure.
Members must also ensure information obtained in their role is not misused for personal advantage or to cause detriment to the Board, the Department, or the VAD program. These obligations apply to all Board discussions, documents, data, and sensitive information, and are consistent with members’ duties under Part 5 of the Public Administration Act, 2004.
Meetings
The Board may regulate its own proceedings.
A majority of the current members, excepting anyone on approved leave of absence, constitute a quorum. The Chair, or in their absence the Deputy Chair, presides over meetings.
Meetings are held monthly or as otherwise directed by the Chair. Special meetings may be convened as required.
Members should seek to attend at least 75% of regular meetings.
The secretariat will circulate meeting agenda and papers at least five working days prior to meetings and circulate draft meeting minutes no later than five working days following meetings. Members have five working days to provide comments on the draft minutes.
Members who are unable to attend a Board meeting should notify the secretariat at least one working day (where possible) prior to the meeting.
Decision making
The Board will take a consensus-based approach when making decisions, ensuring all members have the opportunity to contribute and that collective agreement is prioritised. Where consensus cannot be reached, a formal vote will be conducted by the Chair. In the event of a tied vote, the Chair will exercise a casting vote to determine the outcome.
Decisions may also be made out-of-session.
Committees
Subcommittees
The Board, with the approval of the Minister, may appoint a subcommittee for the purpose of carrying out any of its functions. A subcommittee must report to the Board as required by the Board. The Board will appoint the Chair and membership of a subcommittee. Only Board members may be members of a subcommittee.
Working groups
The Board may decide from time to time that there is a need for a working group to assist in carrying out its functions. Working groups may be on-going or formed for a limited time-period.
The following principles will apply:
- the Board will approve the establishment of a working group, including a clear statement of its purpose
- membership of a working group will include at least one Board member and persons with a specialist knowledge
- regular reports will be provided to the Board, at a frequency determined by the Board
- decisions cannot be made by working groups unless the Board has explicitly provided such delegation on a matter.
Chair
The Chairperson provides leadership to the Board, ensuring it fulfils its statutory functions and operates effectively under these Terms of Reference. The Chair represents the Board in its engagement with the Minister, the Department, and external stakeholders, and fosters a culture of respect, accountability, and constructive deliberation among members.
Secretariat
The Department of Health provides the secretariat function for the Board. The role of the secretariat is to support the smooth operation of the Board proceedings, including (but not limited to):
- managing the meeting schedule and preparing Board papers for approval by the Chair
- taking minutes of meetings and circulating draft minutes for Board review
- ensuring Board actions, owners, and timelines are identified and followed up.
Evaluation
The Board will assess its effectiveness annually through self-assessment and/or external review. Evaluation may consider compliance with statutory obligations, quality of deliberations, timeliness or reporting, and member engagement.
Review
These Terms of Reference shall be reviewed annually. Reviews may also be conducted at other times if required, in response to legislative changes, operational developments, or emerging governance needs. The Secretariat will coordinate the review in consultation with the Chair.
Footnotes
1 Appointment and remunerations guidelines, July 2024.