Victorian MP Seeks Telehealth Law Change for Assisted Dying Assessments
A Victorian MP with motor neurone disease has formally requested the federal government amend laws that currently prohibit doctors from using telehealth for voluntary assisted dying (VAD) assessments. The request highlights a conflict between state-level VAD legislation and a Commonwealth law that could subject doctors to criminal charges for such consultations.
The Request and Legal Context
Victorian Labor MP Emma Vulin has written to Federal Attorney-General Michelle Rowland seeking changes to the Commonwealth Criminal Code.
- The federal law prohibits using a "carriage service" to incite suicide. This provision is interpreted to include telehealth consultations—conducted via phone or video—about voluntary assisted dying.
- This prohibition exists despite VAD being legal in every Australian state and the Australian Capital Territory.
- The Northern Territory government has announced it will introduce VAD legislation in 2024.
Ms. Vulin stated the current law creates "an effective barrier to the usage of telehealth services for voluntary assisted dying assessments," which she said particularly impacts people in rural and regional areas, and those whose illness prevents or limits travel.
Background on the MP and VAD Laws
- Emma Vulin was diagnosed with motor neurone disease in 2024 and will leave Victorian parliament this year due to her declining health. She uses a motorised wheelchair and a voice assistance device.
- In October 2023, during a review of Victoria's VAD laws, she told parliament she might one day choose voluntary assisted dying.
- Victoria was the first Australian state to legalize voluntary assisted dying in 2017.
Positions on the Proposed Change
In Favor of Amending the Law
- Emma Vulin argues the issue is about "equity, fairness and timely access" to end-of-life choices.
- The Australian Medical Association (AMA) 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." AMA President Danielle McMullen said telehealth could be a helpful adjunct to face-to-face consultations and that patients are "missing out on care because of this."
- Advocacy group Go Gentle Australia argued the federal prohibition conflicts with state legislation. CEO Linda Swan said, "Unfortunately, there doesn't seem to be obvious signs of an appetite for change at the federal level."
Expressing Opposition or Concern
- The Australian Christian Lobby's Wendy Francis has previously stated concerns about telehealth consultations, including the inability to physically examine patients, detect non-verbal cues, or fully assess mental state and capacity.
Reported Practical Impacts
Doctors have reported practical challenges due to the current law. Perth-based doctor Alastair Vickery described flying 1,500 kilometres to Karratha in Western Australia's Pilbara region to meet with a VAD patient.
Dr. Vickery stated that while telehealth is not equivalent to face-to-face care, it can be "a better solution than people having to suffer" when timing and distance are significant factors.
Government Response and Current Status
A government spokesperson said, "The Attorney-General and the Minister for Health continue to consider these issues in consultation with the states and territories," acknowledging "complex issues arising out of the interaction between Commonwealth legislation and state and territory VAD schemes."
According to the available information, there do not appear to be immediate plans to change the Criminal Code. State leaders have previously requested federal law changes regarding telehealth for VAD consultations.