Joint statement: Electronic communications must be available for voluntary assisted dying
We call on the government to urgently amend the Commonwealth Criminal Code where it negatively impacts provision of voluntary assisted dying services.
Electronic communication is essential for high-quality and safe health care. However, the Cth Criminal Code’s restriction on how health professionals communicate about voluntary assisted dying (VAD) is causing disruptions and delays in care, and limiting health professionals’ ability to do their jobs.
The prohibition of electronic communication for VAD care disadvantages people who are unable to travel for face-to-face consultations due to the complexity of their medical condition or because they live in a rural or remote area. Essential communications between health professionals are also negatively impacted.
The use of electronic communications in health care, such as telehealth and video conference, is governed by specific guidance from the Australian Health Practitioner Regulation Agency (Ahpra) and the Medical Board of Australia. Health professionals must also follow their professional bodies’ Code of Conduct at all times, irrespective of the type of care (e.g. Codes from Medical Board of Australia, Ahpra's Shared Code of Conduct and the Nursing and Midwifery Board’s Code).
It should be for health professionals and their patients to decide if electronic communications are an appropriate alternative to in-person care. In May 2024, state, territory and federal branches of the Australian Medical Association (AMA) wrote to the Australian government to urge reform.
The Cth Criminal Code provisions were never intended to impact VAD. All state laws, except Victoria, explicitly distinguish VAD from suicide. Australian suicide prevention organisations agree that VAD should not be described as suicide because conflating the two can be damaging. Criminal Code provisions should not apply.
State of VAD Voluntary Assisted Dying in Australia & New Zealand 2024_REPORT