Independent MP Kate Chaney has challenged the Albanese government over its refusal to allow telehealth consultations as part of voluntary assisted dying (VAD) care, despite Labor’s national conference backing reform to remove the existing legal barrier.
Shortly after parliament returned from its winter break, the Western Australian teal MP attempted to bring on her private member’s bill for immediate debate and a vote. The bill would amend Commonwealth criminal law so that telehealth consultations relating to lawful VAD would no longer be treated as providing advice on suicide, which is prohibited under current communications laws.
Chaney told parliament the reform was supported by the Australian Medical Association, the Law Council, VAD regulatory bodies, 20 health organisations, and state attorneys-general and health ministers. She also highlighted cases in which access to telehealth could have reduced suffering for terminally ill patients.
Fellow independent MP and doctor Monique Ryan seconded Chaney’s motion, arguing there was “no good reason for delay”. Labor’s own national conference had previously resolved that the party would remove the telehealth restriction for lawful VAD while maintaining appropriate clinical safeguards, and supported conscience votes on VAD matters.
However, Labor MPs were required to vote with the government on the procedural motion. Health Minister Mark Butler defended the government’s position, saying existing telehealth safeguards were not sufficiently suited to VAD and pointing to problems with inappropriate telehealth business models in other areas of healthcare.
His stance contrasts with comments he made in opposition and shortly after Labor came to government, when he supported finding a way to resolve the conflict between state VAD laws and Commonwealth communications legislation. Prime Minister Anthony Albanese, while supporting VAD generally, has opposed extending it to telehealth, arguing this could undermine public confidence in the system.
Responding to Butler after the vote, Chaney suggested his concerns were based on very different forms of telehealth, including cannabis prescribing.
“There are so many checks and balances in place that I don’t think the issues that he raised today are applicable to VAD practitioners. There’s no money in it for a start,” Chaney said.
The government and opposition combined to defeat Chaney’s motion 74 votes to 12. Chaney and Ryan were supported by eight other independents, Greens MP Elizabeth Watson-Brown and One Nation MP David Farley.
The political fight will now move to the Senate. Greens senator Sarah Hanson-Young plans to introduce a private senator’s bill, while independent senator David Pocock has argued parliament has an opportunity to provide terminally ill Australians with dignity at the end of life.