Lawyers push to legalise voluntary assisted dying via Telehealth (11 Mar 2024)
Article summary: The Australian Lawyers Alliance (ALA) has advocated for the amendment of federal laws that currently prohibit the use of telehealth consultations to facilitate access to voluntary assisted dying (VAD), highlighting a significant legal and ethical challenge in Australia's approach to end-of-life care.
This call for change comes in light of a Federal Court ruling that classified VAD as suicide under the criminal code, thereby placing doctors at risk of prosecution for providing VAD advice via telehealth or phone. The ALA's submission to the Northern Territory (NT) government, as it develops its euthanasia framework, suggests that the definition of 'suicide' in the criminal code be amended to exclude VAD conducted lawfully under state or territory laws.
This change would allow for at least one of the required consultations for VAD access to be conducted via telehealth, aiming to resolve inconsistencies between state and federal legislation and improve the accessibility and efficiency of VAD schemes.
Amidst this backdrop, WA independent MP Kate Chaney has taken a proactive stance by introducing a private member’s bill to parliament. Chaney's bill seeks to clarify that VAD is not legally considered suicide, thereby enabling patients to access consultations remotely and safeguarding doctors from criminal charges.
This legislative effort by Chaney underscores the ongoing debate and concern over the legal framework surrounding VAD in Australia, particularly the tension between state autonomy and federal oversight in matters of end-of-life care.
The NT, following the federal government's reversal of a 27-year ban on territories legalising assisted suicide, is exploring public opinion on extending VAD access to patients based solely on mental health or dementia diagnoses. NT Chief Minister Eva Lawler has indicated that consultations are ongoing, with no definitive decisions made regarding the use of telehealth for end-of-life care.
The states and territories have expressed their concerns to Attorney-General Mark Dreyfus, highlighting the national significance of the issue and the need for a cohesive legal approach to VAD across Australia.
Chaney's legislative initiative represents a critical step towards reconciling these legal and ethical complexities, advocating for a more compassionate and practical approach to voluntary assisted dying.
Related article: VAD is different to suicide and our laws need to catch up (23 Feb 2024)
