Greens Senator Sarah Hanson-Young introduced a bill in the Senate on Thursday morning to allow doctors to use telehealth for voluntary assisted dying (VAD) consultations.
A federal law currently blocks VAD via telehealth, even in parts of the country where it’s legal.
It comes two days after the Government blocked a near identical push in the House of Representatives.
Here’s what you need to know.
VAD
VAD has been rolling out across Australia since Victoria became the first state to legalise it in June 2019.
It’s now legal in every state and territory except the NT, though its Government has confirmed a bill will pass Parliament this month.
A separate federal law, originally aimed at stopping online content that promotes suicide, prevents doctors discussing VAD by phone, email or video call.
Face to face meetings are the only legal option.
In most states, patients must ask doctors about it, not vice versa.
Two independent doctors then separately assess whether a patient is eligible.
They must be an adult with decision-making capacity, expected to die within six months (or 12 months for conditions such as motor neurone disease), and experiencing suffering that can’t be eased in a way they can stand.
If approved, the patient signs a written declaration, then waits at least nine days before making a final request to confirm they still want to go ahead.
A doctor then arranges the medication, for the patient to take themselves, or in some cases, for a doctor to administer.
The bill
Hanson-Young introduced her bill on Thursday.
It would amend the Criminal Code so doctors can legally use telehealth for VAD consultations.
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Hanson-Young argues the ban disproportionately affects Australians in regional, rural and remote areas, where there are fewer VAD-trained doctors and patients often must travel hundreds of kilometres, more than once, for a legally required in-person meeting.
Independent MP Kate Chaney introduced a similar bill in the House of Representatives earlier this year.
Parliament response
Last month, Prime Minister Anthony Albanese told ABC Insiders he is in favour of VAD, but opposed to accessing it via telehealth.
At Labor’s national conference last month, the party committed to allowing a conscience vote (when members can vote based on their own opinion, not as a party) on VAD reforms.
On Tuesday, Health Minister Mark Butler led the Government in stopping debate on Chaney’s bill in the House of Representatives, telling Parliament the existing safeguards for telehealth weren’t adequate.
The Government has a majority in the House of Representatives, meaning it can control what is debated.
Hanson-Young is introducing her own version of the bill to the Senate, where the Government doesn’t have the same majority.
Independents and minor parties have more power there to bring a bill to an actual vote.
Hanson-Young says she’ll spend the coming weeks building support among her Senate colleagues so that Labor’s conscience vote can be tested in Parliament.
What’s next?
Any bill introduced to Parliament by a non-government politician is called a private members/senators bill.
It’s very rare for the Government support a private bill.
The Greens will need support of other crossbenchers and either the Coalition or the Government to bring it to a vote.
Independent Senator David Pocock has publicly endorsed the push for reform.
A spokesperson for Shadow Health Minister Anne Ruston said the Opposition was yet to determine its position on the bill.
