MP pushes to legalise telehealth consultations on voluntary assisted dying (12 Feb 2024)
This article reports that independent member for Curtin, WA, Kate Chaney MP is spearheading a legislative effort to amend the current prohibition on telehealth consultations for individuals seeking voluntary assisted dying (VAD) services in Australia. Chaney's initiative, presented through a private member's bill in the House of Representatives, seeks to address a critical inconsistency between state, territory, and Commonwealth laws that currently restricts access to VAD via telehealth due to provisions in the Commonwealth Criminal Code against inciting suicide through carriage services like phone or video calls.
This push for change comes in the wake of a Federal Court ruling last year, which determined that VAD appointments conducted through telehealth consultations were illegal under federal law, despite VAD being legalised across all six Australian states under various frameworks, with the Australian Capital Territory and Northern Territory also considering its legalisation. Chaney's bill aims to rectify this discrepancy, arguing that the ban significantly hinders access to essential end-of-life services for Australians, particularly those residing in remote or regional areas or those too ill to travel.
Chaney's proposal is carefully crafted to ensure that it does not decriminalise the use of carriage services to promote suicide but rather clarifies that VAD, in accordance with state frameworks, does not constitute suicide. This distinction is crucial for maintaining the integrity of VAD legislation while addressing the practical challenges faced by terminally ill patients and healthcare providers.
The bill has garnered attention from various quarters, including the medical community, with practitioners altering their service delivery methods due to the legal risks posed by the current law. The issue has been discussed at multiple meetings of attorneys-general across states and territories, highlighting the widespread recognition of the need for legislative reform to protect practitioners and ensure equitable access to VAD services.
Chaney's efforts reflect a broader commitment to addressing the complexities of VAD legislation in Australia, advocating for changes that respect the autonomy and dignity of terminally ill individuals while navigating the legal and ethical considerations of end-of-life care.
