The law preventing telehealth in voluntary assisted dying is in the spotlight again after the Labor national conference resolved to repeal it, via a conscience vote.

The Commonwealth Criminal Code criminalises promoting, inciting or providing instructions on “suicide” over a “carriage service”. This law, passed in 2005, was originally aimed at pro-suicide websites and internet chat rooms.

But in 2023, the Federal Court concluded the code applied to the new state voluntary assisted dying laws.

While telehealth is usually an integral part of modern health care, health practitioners risk prosecution for using it in voluntary assisted dying.

Read more: Labor national conference backs use of telehealth in voluntary assisted dying care

To address this risk, some aspects of the voluntary assisted dying process, such as eligibility assessments, are not discussed by phone or videoconference in some states.

But “carriage service” also includes internet, email and fax, so the ban is very broad. It limits some emails between health-care practitioners and patients.

In some jurisdictions, voluntary assisted dying prescriptions are hand delivered or posted, not emailed or faxed.

The law preventing telehealth in voluntary assisted dying is problematic and should be scrapped.

How does voluntary assisted dying work?

All Australian jurisdictions, except for the Northern Territory, have voluntary assisted dying laws. The NT appears set to follow later this year.

These laws allow an adult who is suffering from a terminal condition and who has capacity to make their own decision to seek assistance to die.

Read more: Voluntary assisted dying isn’t available to all Australians. In 2026, this may........

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