Federal Labor has moved to dismantle the remaining legislative hurdles preventing the unfettered use of telehealth in voluntary assisted dying (VAD) care, a resolution hailed by advocates as a critical step towards equitable access. The party’s national conference recently backed an amendment committing to remove federal barriers, allowing state and territory VAD laws to operate without technological constraints.
The decision comes amidst growing calls for enhanced accessibility to VAD services, particularly for Australians in regional, rural, and remote areas, and those with limited mobility. Currently, federal laws, primarily the Commonwealth Criminal Code, can inadvertently restrict the use of communication technologies for VAD discussions, creating a grey area that medical professionals are often hesitant to navigate.
Bridging the Geographic Divide
The geographical vastness of Australia presents a significant challenge to healthcare access, a problem acutely felt in the sensitive realm of voluntary assisted dying. For individuals living hundreds or even thousands of kilometres from major metropolitan centres, accessing mandatory face-to-face consultations with VAD practitioners can be an insurmountable barrier. Travel costs, the physical burden of extensive journeys, and the logistical complexities can preclude eligible individuals from exercising their lawful end-of-life choices.
The Conversation AU reported earlier this year on the specific provisions within the Commonwealth Criminal Code that criminalise using a “carriage service” (which includes telephone, internet, and other electronic communication) to counsel, promote, or provide instruction on suicide. While VAD is distinct from suicide and is legal under state legislation, the broad phrasing of the federal law has created uncertainty, causing some medical practitioners to avoid using telehealth for even initial VAD consultations out of an abundance of caution.
Unlocking Practitioner Capacity
Beyond geographical considerations, the integration of telehealth is expected to significantly increase the capacity of medical practitioners willing and able to offer VAD services. Many doctors, particularly those in specialist fields, are already stretched for time. Telehealth offers a flexible, efficient means for them to conduct consultations, assess eligibility, and provide ongoing support without the need for reciprocal travel, thereby broadening the pool of available practitioners.
This is particularly relevant given the relatively small number of medical professionals currently accredited and willing to participate in VAD. By removing federal disincentives to telehealth use, Labor’s resolution aims to empower more doctors to engage with VAD care, ultimately reducing wait times and improving patient choice. The current limitations disproportionately affect vulnerable individuals whose conditions may deteriorate rapidly, making in-person consultations increasingly difficult or impossible.
The Path Ahead for Federal Reform
While the national conference endorsement signals strong party support, the real work of legislative reform lies ahead. The federal government will need to introduce and pass amendments to relevant legislation, likely targeting sections of the Commonwealth Criminal Code, to explicitly clarify that the use of telehealth for lawful VAD services is permissible and protected.
Such amendments would provide much-needed legal certainty for patients, their families, and the medical community. The move aligns with broader efforts to modernise healthcare delivery and leverage technological advancements to improve patient outcomes across Australia. The estimated cost savings in travel and accommodation for patients, especially those in remote areas, could also be substantial, potentially running into thousands of Australian dollars per patient depending on their location and medical needs. As Australia's states and territories continue to refine their VAD frameworks, the federal government's commitment to removing technological roadblocks will be crucial in ensuring that the spirit of these laws can be fully realised for all eligible citizens.
