Prime Minister Anthony Albanese is expected to face renewed pressure at Labor’s national conference to change federal laws that restrict doctors from discussing voluntary assisted dying (VAD) through telehealth.
Labor’s Left faction is reportedly preparing to push the government to review the legislation, following changes adopted at the party’s 2023 national conference. Those changes require Commonwealth laws affecting VAD telehealth services to be reviewed, although the government retains discretion over when that review occurs.
Current federal laws can expose doctors to fines of up to $364,000 for “inciting or counselling” suicide through a carriage service. Assisted dying advocates argue that these provisions were not designed with modern VAD frameworks in mind and now prevent terminally ill people, particularly those in regional and remote communities, from accessing medical consultations remotely.
A senior Labor source claimed Mr Albanese was reluctant to amend the laws because he wanted to avoid conflict with the Catholic Church. According to the source, the government had concluded that even a relatively minor legislative change was not worth the potential damage to its relationship with the Church.
Independent member for Curtin Kate Chaney has been one of the prominent advocates for reform. In early 2024, she introduced a bill to Parliament that would allow VAD consultations to be conducted through telehealth, improving access for patients who currently may need to travel to capital cities to meet qualified specialists.
“Every Australian should have the same access to health, and VAD is now an established part of our end of life health framework,” Ms Chaney said ahead of Labor’s national conference.
“People should not be disadvantaged because of where they live. There's a simple fix supported by the attorneys-general of most states, but the government has not yet taken action on it.”
Ms Chaney’s intervention highlights the unequal impact of the federal restrictions on people living outside major cities. For terminally ill patients, long-distance travel can create significant physical, emotional and financial burdens, while also complicating access for their families and medical professionals.
The issue was discussed by Australia’s attorneys-general in December 2023. However, it is understood that the federal government subsequently sought to remove it from future meeting agendas.
Advocacy groups and medical organisations have also criticised the lack of progress. David Muir, chair of the Clem Jones Trust, described the government’s inaction as “inexplicable and unacceptable”, arguing that the need for reform had been clear before Labor came to office in May 2022. He called for meaningful action to address the difficulties facing terminally ill patients, families, doctors and VAD service providers.
Federal Australian Medical Association president Danielle McMullen similarly described the current laws as a “barrier to care” for people in regional and remote Australia.
The renewed debate comes as the Northern Territory moves closer to restoring VAD laws almost 30 years after the practice was prohibited. Supporters of reform argue that, as VAD becomes an established part of Australia’s end-of-life healthcare system, federal telecommunications laws must be updated to ensure patients receive equal access regardless of where they live.