A man from Canberra who applied to end his life under the Australian Capital Territory's (ACT) Voluntary Assisted Dying Act 2024 has won a partial victory after a tribunal found he has the mental capacity to make the decision, although he remains ineligible for the scheme.

The man, whose identity is withheld for legal reasons, applied in January 2025 following the law's commencement in November 2025. He told the ACT Civil and Administrative Tribunal he suffers from three conditions that together amount to chronic pain syndrome (CPS), a progressive and worsening condition expected to eventually cause his death.

Despite his claims that his conditions are "advanced, progressive, and terminal in effect," the coordinating practitioner assessed him as ineligible. The practitioner also expressed uncertainty about whether the man understood enough about his condition and treatment options to be considered capable of making the decision.

After two hearings and reviewing a letter from the man's general practitioner, the tribunal ruled that the man does have decision-making capacity regarding voluntary assisted dying. However, the tribunal upheld the practitioner's decision that the applicant did not have an advanced condition, was not approaching the end of his life, and his condition was not expected to cause death.

The tribunal advised the man that he could reapply and be assessed by a different practitioner or pursue his human rights claims through the ACT Supreme Court.

This case is among the first to test how unsuccessful applicants can challenge rejections under the ACT's assisted dying scheme.

Sources