South Australian government urges change to voluntary assisted dying telehealth laws

South Australia has become the first state to formally urge the Commonwealth to change a federal law preventing doctors from using telehealth in voluntary assisted dying (VAD), openly defying Prime Minister Albanese.

In a letter to federal Attorney-General Michelle Rowland, senior ministers in the Malinauskas government have “implored” the Commonwealth to “take immediate action”, arguing the restrictions disadvantage terminally ill people in regional, rural and remote Australia. They explained that a provision in the Commonwealth criminal code was preventing doctors from using telehealth for VAD and forcing patients to travel long distances to attend appointments, with some dying before being able to access the care.

The letter comes just weeks after the ALP national conference endorsed a motion committing Labor to removing telehealth restrictions, despite Ms Rowland — the highest law officer in Australia — voicing strong concerns on the conference floor. This intervention puts the SA government at odds with Albanese, who has expressed personal opposition to changing the law, concerned about the risk of coercion and elder abuse if telehealth replaced compulsory face-to-face consultations.

Some states and territories permit limited use of telehealth in VAD, but the federal code overrides those provisions by prohibiting the use of a “carriage service” to counsel or promote suicide. It means doctors risk $220,000 fines and a criminal record for using phone, email or video to discuss the self-administration of VAD medication.