After his 'appalling' death, Tom's sister campaigned for assisted dying

Cathy Barry, 67, describes her brother's death from cancer as "appalling".

Barry, from Ballina in NSW's north, said despite the care of doctors, Tom was "lying in agony" during the final weeks of his life.

Tom, 69, had squamous cell carcinoma, a form of skin cancer which had spread to his brain.

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The former Canberra public sector worker, who later had his own IT business, asked her and his other siblings multiple times to help him end his life.

But legally, they were unable to help.

"For the last few weeks, it was agonising and Tom asked twice, 'Could you please help me to die, I simply can't stand this any longer,'" she told 9news.com.au.

"He was talking about it very clearly before he died. He was perfectly lucid and able to tell us what he wanted.

"He had wonderful doctors and nurses and other people trying to help but the suffering was too great."

Tom died on February 21, 2020, a little over six months after his diagnosis.

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Cathy felt so strongly about assisted dying after Tom's death she joined Dying with Dignity NSW to help campaign for people in the state to be allowed the right to die.

She said she was "overjoyed" to see the legislation come into force from today.

"At least people now can have a choice," she said.

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Dying with Dignity NSW CEO Shayne Higson said it has taken 50 years for campaigners to get the laws they want.

"There will be a huge sense of relief because from this day on many dying individuals will be able to regain some level of control at the end of their lives," Higson said.

"They will now have the option to die peacefully, surrounded by their loved ones, at a time and place of their choosing."

How voluntary assisted dying will work in NSW

There are many criteria that must be met to be allowed to legally die in NSW and it's a lengthy process.

The option is only for Australian citizens and permanent residents over 18 who have at least one disease, illness or medical condition that meets certain criteria.

It must be advanced and progressive and will "on the balance of probabilities" cause a person's death within six months.

That would include illnesses such as cancer.

That time frame is a year for neurodegenerative diseases like motor neurone disease.

The condition must be causing the person "suffering that cannot be relieved in a way they consider tolerable", NSW Health said

Vitally, the patient must have decision-making capacity and it must be their own choice.

They must have lived in the state for at least a year.

There are 11 steps to requesting to die in NSW.

The first step is to speak to a doctor who has signed up and undergone training to be involved in the process.

It could be a GP or specialist.

This first request "must be clear and not ambiguous", NSW Health said.

If that doctor agrees the patient is eligible and they can help, they would become the coordinating doctor.

A second doctor must then do a consulting assessment, to give a second opinion.

If they also agree the patient is eligible, a written request must then be made by the patient.

This must be signed and witnessed by somebody who isn't a family member or will be a will beneficiary.

A final request must then be made to die by the patient - and at least six days must have passed after the first one.

The coordinating doctor then completes a final review.

Discussions are held about the medication.

The person can choose to either take the drugs themselves or have them administered via a cannula at home or in hospital.

The case will then go to the NSW Voluntary Assisted Dying Board, which is made up of lawyers and medical professionals.

If approved by the board, a doctor prescribes the medication, details of which have not been revealed.

A death certificate is then issued. It won't mention the patient chose to end their life.

A free service, the NSW Voluntary Assisted Dying Care Navigator Service has been launched to help patients use the new law.

NSW is the last state to pass a law related to the issue in Australia.

Legislation is also underway in the Australian Capital Territory and the Northern Territory to bring it into law.

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