Australia stands alone as the only country with legislation that explicitly prevents telehealth consultations for voluntary assisted dying (VAD), a situation that has sparked a renewed political debate. The Labor national conference, which concluded on 25 July, voted to repeal the ban and grant Labor MPs a conscience vote, but Prime Minister Anthony Albanese has indicated the government may not proceed with the change, citing concerns about medical safeguards.
The push to repeal the ban
Independent MP Kate Chaney first attempted to amend federal laws in 2021, aiming to clarify that VAD consultations via telecommunications are not incitement to suicide. That bill lapsed, but the issue has resurfaced. Chaney argues that the current legislation, introduced in 2005 to combat online suicide promotion, inadvertently criminalizes doctors who discuss VAD with patients over the phone or internet, even when such discussions are lawful under state laws.
Professor Ben White, an expert in end-of-life law at Queensland University of Technology, emphasized that the debate is not about whether VAD should be legal, but about the suffering imposed on patients trying to access it. He noted that the 2005 law predates VAD legalization in Australia, which began in 2017, and was never intended to apply to lawful medical practices.
Impact on patients and practitioners
Chaney has highlighted cases of terminally ill patients in severe pain who cannot travel for in-person appointments, particularly those in rural and regional areas. Some doctors and pharmacists already travel hours to see patients, but the telehealth ban adds unnecessary hurdles. A November review of global telehealth use in VAD found that benefits outweigh risks, and Australian research shows the ban causes delays in care, sometimes making patients ineligible by the time of their appointment.
Chaney stressed that safeguards remain intact: patients must make three separate requests, be assessed by two doctors, and have two witnesses who are not family members or beneficiaries. Yet, under current law, doctors cannot even answer follow-up questions by phone without risking prosecution. "At the moment, you can’t even ring your doctor and ask some questions after you’ve got the medication," she said.
Federal law overrides state allowances
While some states permit telehealth in their VAD laws, the federal Criminal Code overrides them, forcing prescriptions to be mailed or hand-delivered. The Medical Board of Australia already provides guidelines for appropriate telehealth use, which would apply to VAD if the ban were lifted.
Support from medical bodies
The Australian Medical Association (AMA) has long backed the change. AMA president Dr. Danielle McMullen said, "Telehealth should operate for VAD as a valuable complement to in-person care, and not a replacement for clinically necessary physical attendances." The Law Council of Australia has also called for urgent amendments to allow VAD consultations via carriage service.
However, the Royal Australian College of Physicians (RACP) has not taken a position, stating that legalization is for governments to decide. Some religious leaders, including Melbourne Archbishop Peter Comensoli, oppose the change, arguing VAD is unsafe overall. Concerns about bypassing palliative care have been raised, but VAD doctors are already legally required to discuss palliative options, and a Queensland Health report shows 77% of VAD users also access palliative care.
What’s next?
Chaney’s bill, which clarifies that VAD is not suicide, is set for debate on 11 August. She sees this as an opportunity for the Prime Minister to honor his conscience vote promise. Professor White noted other pressing issues, such as Catholic-run hospitals refusing to allow VAD onsite and residency requirements, but the telehealth barrier remains critical due to the limited pool of practitioners.
"There is a relatively small pool of practitioners who provide voluntary assisted dying, and the telehealth barrier makes this work a lot more demanding and time-consuming than it needs to be," White said.
