Telehealth access for Voluntary Assisted Dying
We need your support to write to the Federal Attorney General, Hon Michelle Rowland, your Federal MP and all 12 South Australian Senators demanding that the Commonwealth Criminal Code be amended to allow the use of telehealth for VAD consultations.
(Contact details for Federal Attorney General Hon Michelle Rowland, your Federal MP and 12 South Australian Senators below.)
Please use any of the information below to email the Federal Attorney General, your Federal MP and 12 Senators.
The Commonwealth Criminal Code was amended in 2005 to prohibit the use of a carriage service - such as email, telephone or telehealth - to incite or encourage suicide. There were no VAD laws in place at the time. Since then, all states and the ACT have passed VAD laws which allow for a highly regulated and controlled system of voluntary assisted dying. There are over 70 safeguards in our legislation to protect the vulnerable. VAD is not suicide and all jurisdictions except Victoria contain clauses stating that VAD is not suicide. Despite the clear difference between VAD and suicide, in November 2023 the Federal Court used dictionary definitions to rule that VAD equates to suicide.
The Commonwealth Criminal Code particularly discriminates against people living in rural and remote areas of Australia, who already have less access to everyday health services due to their location. Sections 474.29A and 474.29B of the Commonwealth Criminal Code mean people living in rural areas have less access than a person living in a metropolitan area to a choice at the end of their life to end their suffering through access to VAD.
Voluntary Assisted Dying (VAD) is a compassionate and legal end of life choice in every state of Australia and the ACT. The NT is expected to table a Bill later in 2026. The Federal Court ruling of November 2023 equating VAD with suicide undermines the administration of VAD services in every state of Australia. Rigorous and frequent reporting by VAD Review Boards documenting the operation of VAD services in every state shows that the law is administered safely, with no evidence of abuse.
VAD commenced in Victoria on June 19, 2019. Since then, over 7,000 people across Australia have used VAD legislation to end their suffering (at June 30, 2025). None of these 7,000 people, or the at least 70,000 people who have supported them through the VAD process, would consider that they have assisted a suicide. They know the difference between a VAD death and suicide.
The doctors, the pharmacists, the nurses, the Care Navigators, the hospital VAD Liaisons, the witnesses, the administrative staff – each VAD death is linked to at least 10 people involved in the detailed assessment process - none of these people would consider that they have assisted a suicide. They have direct experience of many of the more than 70 safeguards and multiple steps built into the VAD legislation everywhere in Australia which separate VAD from suicide.
Each person who used VAD had a terminal illness and was very ill. VAD has the modest goal of reducing the suffering the person would otherwise endure at the end of their life.
Voluntary Assisted Dying is a uniquely Australian end of life choice for people with a terminal illness. It allows the person to choose either self administration of the VAD substance or administration by a health practitioner. The method of administration depends on the needs of the person. The person must meet strict criteria detailed in every state VAD Act to be eligible for VAD. Mental illness is not a criteria for VAD. If a person is assessed as not having decision making capacity in relation to VAD, similarly, they are not eligible.
The first VAD Act was passed in Victoria in 2017 and was clearly differentiated from suicide. The table below, which contrasts VAD and suicide, was developed in consultation with palliative care physicians and people who work to reduce suicide in the community.
|
Voluntary assisted dying |
Suicide |
|
Person is dying with a terminal illness |
Person not otherwise dying |
|
Requires two medical assessments of the person’s capacity, illness, prognosis, suffering and treatment options |
No medical pathway or scrutiny |
|
Person must have decision-making capacity; the decision must be enduring, and not be the result of mental illness |
Often impulsive, with mental illness usually involved: Depression, schizophrenia, bipolar illness, substance abuse, personality disorder |
|
Death is peaceful, reliable, with the person surrounded by loved ones |
Suicide is generally done alone, often ‘botched’ and violent |
|
Good bereavement outcomes |
Terrible bereavement outcomes |
|
Our community overwhelmingly wants VAD to be available |
Our community overwhelmingly wants to prevent suicide |
On Thursday, November 30, 2023, the Federal Court ruled that
The term “suicide”, as used in ss 474.29A and 474.29B of the Criminal Code Act 1995 (Cth), does apply to the ending of a person’s life in accordance with, and by the means authorised by, the Voluntary Assisted Dying Act 2017 (Vic) and Voluntary Assisted Dying Regulations 2018 (Vic).
This ruling undermines the delivery of a safe and compassionate end of life choice for people who are suffering with a terminal illness. VAD services have been provided safely since November 2019, when Victoria commenced its VAD service. All states and the ACT provide a safe and closely monitored VAD service. VAD Review Boards in every state review and report on every VAD death to ensure compliance with their VAD Act.
Concern about interpretation of the Code has had an impact on the delivery of VAD services since commencement. The interpretation varies from state to state, however it can mean:
- No part of the VAD assessment process can take place via phone, email or video conference, including telehealth
- In states that require a VAD permit to be issued, permits are either hand delivered or couriered to coordinating practitioners so they can begin the prescribing process, adding delay and cost
- The statewide pharmacy services, responsible for dispensing VAD medications in each state, cannot accept the prescriptions from doctors via email; prescriptions are couriered, posted or personally delivered, causing further delay and cost
- Parts of the VAD process, such as the training of health practitioners to credential them to provide VAD services, are being provided face-to-face.
Doctors, VAD Care Navigators, nurses, community support volunteers, Health departments, are all concerned that their e-communication may be misinterpreted by the court.
States have interpreted the Code in different ways, but it has consistently caused
- Additional and unnecessary suffering and delays for terminally ill people, many of whom are too sick to travel to an in-person consultation
- Inequity of access for people living in rural, regional and remote areas; in South Australia, 30% of people who have made a first request for VAD live in regional areas (SA VAD Review Board Quarterly Reports)
- Increased complexity and stress for health professionals delivering VAD care, including the threat of a $222,000 fine if they contravene the Code.
The community overwhelmingly supports the operation of a safe and compassionate end of life choice for people who are suffering, who have a terminal illness, and for whom there are no further acceptable treatments.
The South Australian Deputy Premier and Attorney-General, Hon Kyam Maher MLC, strongly supports the amendment of the Commonwealth Criminal Code to allow voluntary assisted dying to be administered in a more equitable and efficient manner, and the removal of the threat to the provision of a safe and compassionate end of life choice for people with a terminal illness.
After seven years of safe operation of VAD laws in Australia it is time for the Commonwealth Criminal Code to be amended to remove the confusion and disruption in relation to the administration of VAD Acts in Australia.
Contact details for Hon Michelle Rowland, your Federal MP and 12 Senators provided below.
Hon Michelle Rowland, Attorney General.
My Federal MP. (enter your postcode)