Go Gentle Australia has welcomed a renewed push by state and territory health ministers to remove outdated federal restrictions on the use of telehealth in voluntary assisted dying (VAD), calling on the Albanese Government to stop delaying reform.

In a joint letter dated 27 October, health ministers from Victoria, South Australia, Tasmania, Western Australia and the ACT urged Federal Health Minister Mark Butler and Attorney-General Michelle Rowland to urgently amend the Commonwealth Criminal Code to allow telehealth to be used in lawful VAD care.

Go Gentle Australia CEO Dr Linda Swan congratulated the ministers for standing up for terminally ill Australians.

“The states and territories understand what is at stake, and we congratulate them for keeping up the fight,” Dr Swan said.

“This is about putting the needs of dying people first, rather than forcing them to navigate unnecessary barriers at the end of their lives.

“It’s baffling that the Federal Government remains so resistant to a sensible change that would make an enormous difference to dying Australians.”

The ministers warn that current Criminal Code restrictions are forcing seriously ill people to travel long distances, sometimes repeatedly, to access VAD care, creating particular hardship for those in rural and regional Australia.

In their letter, the ministers describe access to VAD as “an issue of equity”, arguing that people should not be disadvantaged simply because of where they live.

At issue is an outdated provision of the Commonwealth Criminal Code, which treats aspects of lawful VAD care as counselling or promoting suicide when delivered by telephone, video or other electronic communications.

The ministers are seeking a targeted amendment to remove this barrier while maintaining the safeguards already established under state and territory VAD laws.

The renewed intervention follows the Australian Labor Party’s July National Conference decision to support the removal of the federal barriers to telehealth in VAD care. It adds to growing calls for reform from a broad coalition of healthcare and legal groups, including  the Australian Medical Association, Australian College of Nursing, the Australian Lawyers Alliance, VAD practitioners and patient advocates.

Dr Swan said the Federal Government could no longer claim to be working towards a solution while refusing to act.

“The Attorney-General’s standard response is that she is working with the states and territories on this issue. 

“This latest joint letter appears to confirm this is not the case. Here are five jurisdictions once again asking the Commonwealth to make a straightforward change.

“Virtual care is a routine part of modern healthcare. There is no good reason why dying Australians should be denied access to it when seeking lawful VAD care.

“The safeguards are already there. What we need now is the political will to act.”

This press release has also been published on VRITIMES