South Australia has become the first state to formally urge the Commonwealth to change a federal law preventing doctors from using telehealth in voluntary assisted dying, openly defying Prime Minister Anthony Albanese. Source: ABC News.
In a letter to federal Attorney-General Michelle Rowland, senior ministers in the Malinauskas Government have “implored” the Commonwealth to “take immediate action”, arguing the restrictions disadvantage terminally ill people in regional, rural and remote Australia.
The SA ministers’ letter said a provision in the Commonwealth criminal code was preventing doctors from using telehealth for VAD and forcing patients to travel long distances to attend appointments, with some dying before being able to access the care.
The intervention puts the SA government at odds with Mr Albanese, who has expressed personal opposition to changing the law, concerned about the risk of coercion and elder abuse if telehealth replaced compulsory face-to-face consultations.
The letter comes just weeks after the ALP national conference endorsed a motion, committing Labor to removing telehealth restrictions, despite Ms Rowland – the highest law officer in Australia – voicing strong concerns on the conference floor.
Penned by SA Health Minister Blair Boyer and state Attorney-General Kyam Maher, and co-signed by VAD practitioners, clinicians and advocates, the signatories to the letter want the Commonwealth criminal code amended so VAD care is not treated as “suicide” under federal law.
Some states and territories permit limited use of telehealth in VAD, but the federal code overrides those provisions by prohibiting the use of a “carriage service” to counsel or promote suicide.
It means doctors risk $220,000 fines and a criminal record for using phone, email or video to discuss the self-administration of VAD medication.
The federal government recently blocked debate of a VAD telehealth bill pushed by independent MP Kate Chaney, with Health Minister Mark Butler telling parliament he was “not convinced” telehealth was “well suited to VAD right now.”
Views on telehealth in VAD care are also divided within the medical community.
While the Australian Medical Association (AMA) has backed calls to change the federal law, some doctors remain opposed.
Ballarat geriatrician Mark Yates argued the risks of elder abuse and coercion outweighed the benefits of expanding telehealth access.
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South Australian government defies Albanese, urges change to voluntary assisted dying telehealth laws (By Lucy Barbour, ABC News)
