The independent MP Kate Chaney will push to amend federal laws that ban telecommunications services from being used to incite suicide, so that patients wishing to access voluntary assisted dying appointments can do so via telehealth.
Federal legislation prevents anyone seeking information or advice about voluntary assisted dying from a health professional over an electronic carriage service, ruling out telehealth consults for assistance.
Doctors and advocates for voluntary assisted dying have long been calling for changes to the law, saying it makes it difficult for patients who live in rural and remote areas, and those whose conditions limit their movement or make travel painful, to attend appointments.
It follows reporting from Guardian Australia that disparities between state and federal laws add delays to patients obtaining approval for voluntary assisted dying, which is particularly problematic for those with health conditions leading to rapid decline, and who want to die at home.
While state laws differ, generally, patients must make at least three requests for access to voluntary assisted dying to their doctor, and be assessed at least twice by medical professionals. Doctors require these appointments to be in person so that they do not breach federal laws.
Chaney will introduce a bill in the new year exempting voluntary assisted dying appointments from the federal criminal code – making it easier for those in states with voluntary assisted dying legislation to access care.
“This is such a simple ask – that we update the federal criminal code to allow people in remote areas to access the same end-of-life health services as everyone else, via telehealth,” Chaney said.
“This small amendment will remove any ambiguity and allow doctors to administer end-of-life services without fear of prosecution under an outdated law. It’s time to update our laws in line with community expectations, so that access to dignified end-of-life services doesn’t depend on your postcode.”
The move is being supported by fellow independent MP and former neurologist Monique Ryan.
“The level of medical care needed to support voluntary assisted dying patients is challenging and requires care and commitment,” Ryan said.
“Few clinicians have the skills required. It’s vital we ensure that all Australians have access to VAD if they need it – regardless of their geographic location – and that doctors are not penalised for providing this service because of outdated laws.”
