We need your action on Telehealth
DWDQ Update February 2024
On 12 February 2024 Kate Chaney, WA Independent Federal MP for Curtin, introduced a vitally important private member’s bill.
What’s the problem?
Although all Australian States now have functioning voluntary assisted dying laws, a federal law impedes people who apply for VAD from receiving the care they need.
This federal law – the Commonwealth Criminal Code (2005) - states that a person commits an offence if they use a “carriage service” to transmit material that counsels or incites suicide. A “carriage service” includes internet, email, phone or other online contact, and most importantly – telehealth.
The Queensland VAD law, and the laws in many other States, do include a clause to state that VAD is not suicide. However, Commonwealth law always overrides State laws. In late 2023 the Federal Court ruled that VAD must be considered suicide.
What’s the impact of this Commonwealth law?
- Telehealth cannot be used for many of the routine consults between doctor and patient around VAD.
- People with a terminal illness face painful and exhausting journeys whenever they need to talk to their doctor about VAD.
- People in regional areas are even more disadvantaged. Their nearest medical care may be a long, challenging journey from home. Their roads may be impassable or washed away.
- Doctors, pharmacists and others are at risk of prosecution and heavy fines if they defy this law.
Kate Chaney’s Bill would fix this.
Kate stated:
- VAD and the use of Telehealth are now accepted parts of our health system.
- The Commonwealth Criminal Code was enacted to shut down pro-suicide web-sites. There’s a huge difference between suicide and the planned calm, dignified death that voluntary assisted dying allows.
- The way that people in every State have embraced VAD laws shows the support for more compassionate choices at the end of life. Some consults around VAD must be held face to face – but not every question and reassurance between doctor and patient at the end of their life.
- VAD Review Boards, Attorneys-General in every State, DWD groups across Australia and a consensus motion at the 2023 National VAD Conference, have identified this as a major problem.
- Kate’s Bill has the full support of VADANZ (the peak body for VAD providers), and of other medical professionals and Dying with Dignity/advocacy groups across Australia.
Where do you come in?
Kate Chaney’s Bill is a Private Members’ Bill. It won’t proceed to a vote unless enough MPs insist otherwise. After 8 weeks from 12 February, if there’s no pressure from MPs, the Bill will be deleted and will go no further.
We need you to write to, phone and visit your Federal Member of Parliament to alert them to this new Bill.
Urge your MP to demand that the Federal Attorney General acts to list Kate Chaney’s Bill for debate – and urge your MP to show compassion and to vote for it.
We have till 5 April to make a difference.
Thank you for your action and look out for a follow-up email soon with links to Queensland Senators and your Federal MP.
Resources
Official title for Kate Chaney’s Bill:
Criminal Code Amendment (Telecommunications Offences for suicide-related material – exception for lawful Voluntary Assisted Dying) Bill 2024: CLICK HERE TO READ