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Victorian MP Requests Federal Law Change to Allow Telehealth for Voluntary Assisted Dying Consultations

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Federal Law Blocks Telehealth for Voluntary Assisted Dying

Victorian Labor MP Emma Vulin, who has motor neurone disease, has formally requested a change to federal laws that currently prohibit doctors from using telehealth for voluntary assisted dying (VAD) assessments.

The request was made in a letter to Federal Attorney-General Michelle Rowland. The current federal Criminal Code makes it a potential criminal offense to use a "carriage service" to discuss VAD with a patient—a provision that conflicts with state and territory laws where VAD is legal.

Current Legal Situation

Federal Law

  • Section 474.29A of the Commonwealth Criminal Code prohibits using a carriage service (including telephone or video) to incite suicide. This has been interpreted to apply to telehealth consultations regarding VAD.
  • Doctors who conduct VAD assessments via telehealth under this interpretation could face criminal charges.

State and Territory Laws

  • All six Australian states and the Australian Capital Territory have legalized VAD.
  • The Northern Territory government has announced it will introduce VAD legislation to its parliament in 2024.
  • Victoria became the first Australian state to legalize VAD in 2017.

Request and Arguments

Emma Vulin's Position

Ms. Vulin stated that the current federal law creates "an effective barrier to the usage of telehealth services for voluntary assisted dying assessments."

She said the law particularly impacts people in rural and regional areas, and those whose illness prevents or limits travel. Ms. Vulin described the issue as one of "equity, fairness and timely access."

"The current law creates an effective barrier to the usage of telehealth services for voluntary assisted dying assessments." — Emma Vulin

Medical and Advocacy Groups

Australian Medical Association (AMA): President Danielle McMullen stated that a "blanket banning any use of the telephone to discuss voluntary assisted dying isn't in line with the spirit of the legislation around the country." The AMA supports allowing telehealth as an adjunct to face-to-face consultations, particularly for rural and regional patients.

Go Gentle Australia: Chief executive Linda Swan stated that "unfortunately, there doesn't seem to be obvious signs of an appetite for change at the federal level," noting that state attorneys-general have been calling for a change.

Opposition Views

Australian Christian Lobby: Wendy Francis has previously stated that telehealth consultations do not allow for proper patient examination, detection of non-verbal cues, or assessment of mental state and capacity. She also noted it is impossible to see who else might be present during a consultation.

Federal Government Response

A government spokesperson said that the Attorney-General and the Minister for Health "continue to consider these issues in consultation with the states and territories."

The spokesperson acknowledged "complex issues arising out of the interaction between Commonwealth legislation and state and territory VAD schemes." According to available information, there are no immediate plans to change the Criminal Code.

Practical Impacts

Travel Requirements

Doctors and patients are required to travel long distances for VAD consultations due to the telehealth prohibition.

Perth-based doctor Alastair Vickery described flying 1,500 kilometers to Karratha in Western Australia's Pilbara region to meet with a VAD patient. Dr. Vickery stated that the patient experienced "an extra 48 hours of suffering" due to travel requirements. He stated that while telehealth is not as effective as face-to-face care, it can be "a better solution than people having to suffer" when timing and distance are practical concerns.

"The patient experienced an extra 48 hours of suffering." — Dr. Alastair Vickery

Access and Statistics

  • VAD applications rose 41% in 2024-2025 compared to the previous reporting period.
  • Since 2019, 14,686 terminally ill people have sought VAD; 7,082 have died using a VAD substance.
  • There were 3,329 VAD deaths in 2024-2025, a 48% increase on the previous year.
  • One in three respondents to the 2025 Australian VAD survey reported it had not been easy to find a doctor to support their VAD request.
  • A Go Gentle report found services are reaching an "inflection point" where demand will soon exceed capacity.

Background on Emma Vulin

  • Ms. Vulin was diagnosed with motor neurone disease in 2024.
  • She uses a motorized wheelchair and sometimes relies on a voice assistance device.
  • She will leave the Victorian parliament this year due to her declining health.
  • In October 2023, during a five-year review of Victoria's VAD laws, Ms. Vulin told parliament she might one day choose voluntary assisted dying.

Broader Context

James Valentine Case

Broadcaster and saxophonist James Valentine died this week at home, surrounded by family, after choosing VAD two years after a cancer diagnosis. He was 64.

His family made his choice of VAD public to help the argument for its necessity. Colleague and friend Andrew Denton said that speaking openly about VAD helps reduce stigma. Valentine's death has been used by VAD advocates to urge the federal government to address barriers to accessing VAD.

Practitioner Concerns

Dr. Andrea Bendrups, President of Voluntary Assisted Dying Australia and New Zealand, stated that jurisdictions are delivering "high-quality end-of-life care" but warned that without adequate remuneration, "the system risks collapsing under the weight of unpaid labour and practitioner burnout."

Research from Queensland University of Technology found only 62% of Queensland health practitioners correctly identified that VAD was legal in their state.