Health ministers seek VAD telehealth reform

Health ministers from five states and territories have renewed pressure on the federal government to remove legal barriers preventing the use of telehealth in voluntary assisted dying (VAD), arguing the current arrangements are unfairly disadvantaging people living outside major cities.

In a joint letter to federal health minister Mark Butler and attorney-general Michelle Rowland, health ministers from Victoria, South Australia, Tasmania, Western Australia and the ACT called for an amendment to the Commonwealth Criminal Code to clarify that lawful VAD consultations can be delivered via phone or video under state and territory legislation.

The ministers described access to VAD as “an issue of equity”, warning that people in rural and remote Australia are being forced to travel significant distances, often while seriously ill, to access care that could otherwise be delivered virtually.

“For many people in our states and territories, access to VAD is restricted by where they live,” the ministers wrote.

“The choice for people in rural and remote areas is often between substantial and costly travel on multiple occasions, particularly while unwell, or have no access to choice at the end of their life.

“To be clear – the laws in each of our states and territories include substantial safeguards. Allowing telehealth for VAD will not reduce the safeguards that our laws already provide. All it will do is ensure equity of access for those who choose to access VAD.”

In July, Labor’s national conference voted to add support for removing federal barriers to telehealth in VAD care to the party platform. However, a crossbench attempt to amend the law was blocked in federal parliament in August, after health minister Mark Butler raised concerns about safeguards.

Go Gentle Australia chief Dr Linda Swan said the latest intervention from health ministers reinforced the need for reform.

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

At the centre of the debate is a provision of the Commonwealth Criminal Code that can treat aspects of lawful VAD care delivered electronically as counselling or promoting suicide.

The ministers stressed that they are seeking a targeted amendment that would preserve existing safeguards while allowing state and territory laws to operate as intended.

Dr Swan said the federal government could no longer delay action.

“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,” she said.

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