In the realm of healthcare and personal autonomy, few topics are as emotionally charged and complex as voluntary assisted dying (VAD). As Australians, we pride ourselves on fairness and giving everyone a fair go, but when it comes to the terminally ill, our systems and laws may not be as accommodating as they should be. This is the message coming from the Australian Medical Association (AMA), which has recently made a compelling plea for a significant change in the way we approach VAD.
The AMA has called upon the next federal government, regardless of whether it’s led by Anthony Albanese or Peter Dutton, to amend the criminal code to permit doctors to provide VAD services via telehealth. This request comes in the wake of a Federal Court ruling in 2023 that upheld the ban on using a carriage service to promote suicide, which, by extension, includes VAD services. As a result, doctors risk criminal charges if they offer advice on VAD through telehealth, email, or phone consultations.
This legal barrier poses a significant challenge, particularly for rural and regional Australians. For these individuals, accessing medical services often means travelling long distances to cities, which can be an insurmountable hurdle for patients who are physically unable to travel due to their medical conditions. AMA president Danielle McMullen emphasised that the current legislation severely disadvantages these patients, denying them the equal access to end-of-life planning that they deserve.
The issue of VAD is not new to the federal government, and the problems with the current legislation are well-documented. In 2024, independent MP Kate Chaney introduced a private member’s bill to rewrite the criminal code, but it failed to gain traction. The code, which was originally implemented in 2005 to combat cyberbullying, now inadvertently restricts the rights of terminally ill patients seeking VAD.
Since the introduction of the code, every Australian state has passed laws allowing VAD, with Victoria leading the way in 2019. Western Australia, Queensland, New South Wales, Tasmania, and South Australia have followed suit. The Northern Territory remains the only jurisdiction without a VAD scheme, which is set to change when it becomes available in the ACT in late 2025.
The AMA’s latest policy position is the result of extensive consultation with its members, state and territory offices, councils, committees, and Palliative Care Australia. Dr McMullen has stressed the importance of maintaining a strong focus on palliative care and the right to conscientious objection. She asserts that no patient should ever feel compelled to explore VAD due to an inability to access timely, quality palliative care.
If you or someone you know is in need of support, please reach out to Lifeline on 13 11 14 or beyondblue on 1300 224 636. Remember, you are not alone, and there are professionals who can provide the help and guidance you need.
The debate on voluntary assisted dying raises important questions about healthcare access, patient rights, and the role of legislation. The AMA’s proposal to allow telehealth services for voluntary assisted dying highlights the complexities of providing equitable end-of-life care across Australia.
What’s your perspective on the AMA’s proposal? How can Australia best balance compassionate care with responsible legislation? Join the conversation in the comments below.
Also read: End-of-life care: Victoria reforms voluntary assisted dying restrictions
