By Callum Godde

Terminally ill patients should be able to receive voluntary assisted dying advice remotely regardless of whether Anthony Albanese or Peter Dutton rules the roost post election, a peak body says.

The Australian Medical Association is calling for the next federal government to change the criminal code to allow doctors across the country to provide voluntary assisted dying services via telehealth.

Under the code, it is illegal to use a carriage service to promote suicide and the Federal Court ruled in 2023 that the ban also extended to voluntary assisted dying services.

As such, doctors who advise patients about voluntary assisted dying via telehealth, email or phone consultations can face criminal charges.

AMA president Danielle McMullen said the ban could have a major impact on rural and regional Australians who might have to travel to cities for medical services.

“It also disadvantages patients who are physically unable to travel for face-to-face consultations, even at relatively short distances, due to their medical condition,” she said.

“The next government must act to ensure eligible patients have equal access to the end-of-life planning of their choice.

“This is not a new issue and problems with the current legislation are well known to the federal government.”

In 2024, independent MP Kate Chaney introduced a private member’s bill to federal parliament to rewrite the criminal code but it went nowhere.

The code barring people from advocating or promoting suicide was put in place in 2005, as an attempt to crack down on cyberbullying.

Every Australian state has since introduced laws allowing voluntary assisted dying.

Victoria was the first Australian state to legalise euthanasia in 2019, with Western Australia, Queensland, NSW, Tasmania and South Australia following suit.

The Northern Territory will be the only jurisdiction in Australia without a scheme when it becomes legally available in the ACT in late 2025.

The peak body said its latest policy position followed extensive consultation with its members, state and territory offices, councils and committees, as well as Palliative Care Australia.

Dr McMullen said it maintained a strong focus on palliative care and the right to conscientious objection.

“It is imperative that governments appropriately fund and resource palliative care throughout Australia,” she said.

“No patient should ever explore VAD because they are unable to access timely, quality palliative care.”

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