VAD is different to suicide and our laws need to catch up (23 Feb 2024)
Article summary: Voluntary Assisted Dying (VAD) is now legal in every Australian state and is set to commence in the Australian Capital Territory. However, current federal laws create a significant barrier to accessing VAD through telehealth services, particularly affecting those in rural and remote areas or those physically unable to visit a doctor.
This discrepancy arises because the Commonwealth Criminal Code prohibits the electronic discussion or dissemination of suicide-related material, conflating VAD with suicide and potentially exposing doctors to criminal prosecution for discussing VAD via telehealth.
Independent federal MP Kate Chaney for Curtin, WA, has introduced a private members bill aiming to address this issue by creating an exemption for VAD from being classified as suicide under the Criminal Code. This move seeks to resolve the conflict between federal and state laws, ensuring that VAD is accessible to all eligible Australians, regardless of their location or physical ability to visit a doctor in person.
The current classification of VAD as suicide not only limits access to vital services but also impacts doctors' willingness to participate in VAD due to fears of criminal prosecution. Additionally, it contributes to the misclassification of deaths, with VAD deaths being registered under the cause of the underlying condition rather than as suicide, reflecting the legal and ethical distinction between the two.
The proposed bill by Kate Chaney represents a critical step towards aligning federal laws with state VAD legislation, ensuring that individuals eligible for VAD can access the support they need through telehealth services. This change is essential for promoting autonomy, minimising suffering, and ensuring a dignified end-of-life choice for those who qualify for VAD, free from the stigma and legal ambiguities currently associated with the process.
