This article argues that a federal legal technicality is unnecessarily blocking access to voluntary assisted dying (VAD) for terminally ill Australians, particularly those in regional and remote areas, and that the problem could be resolved quickly if the Commonwealth chose to act. Media identity and VAD advocate Andrew Denton says the obstacle is not complex policy but simple political inaction. According to Denton, a small amendment to the Commonwealth Criminal Code could remove the barrier “tomorrow”, yet repeated calls for reform have gone unanswered.
At the centre of the issue is a section of federal law that makes it illegal to counsel or instruct on suicide electronically. Although not designed with VAD in mind, it has had the effect of preventing doctors from using telehealth to discuss voluntary assisted dying with patients. In practice, this means patients seeking VAD must often complete three mandatory face-to-face assessments in person, even when they are seriously ill, live long distances from qualified doctors, or are deteriorating rapidly. The article suggests that this requirement has led to cruel and avoidable outcomes, with some people dying before they can finish the process.
The Sunday Mail campaign highlighted several such cases. One involved regional Queensland father Patrick Hammer, 38, who wanted to die at home but was unable to do so because his doctor had to send his prescription by post rather than electronically, and the medication did not arrive in time. In another case, which Denton said he found especially shocking, two doctors reportedly had to make three 3000km trips to assess a 79-year-old man in Far North Queensland with terminal lung cancer, only for him to die while his prescription was still in the mail. Denton condemned both the personal suffering and the waste involved, describing the situation as evidence of an outdated federal law that no other country contending with VAD appears to face.
A key political point in the article is the role played by Independent MP Kate Chaney. Denton notes that Chaney attempted to introduce a Bill in 2024 to amend the legislation, but says it “never even got a look-in”, despite backing from peak bodies and broad support from legal, medical and advocacy groups. Her effort is presented as a serious attempt to fix a narrow but harmful flaw in the law. Denton underlines how modest the change would be, saying: “That amendment, it’s 107 words – 107 words would fix this problem.” In that sense, Chaney is positioned as one of the few federal politicians to actively pursue reform, even as others failed to prioritise it.
Denton, founding director of Go Gentle Australia, says the lack of federal action may reflect either a failure to recognise the problem or an “outdated view that VAD is still some kind of horrible culture war they don’t want to be involved with”. He rejects that framing, insisting, “It’s not a culture war issue … it’s about good medical practice.” The article closes by noting that Go Gentle Australia’s annual State of VAD report will be released on Tuesday, reinforcing that pressure for change is continuing.