AMA Calls for Legal Change to Allow Telehealth Use in Voluntary Assisted Dying Discussions

AMA Calls for Legal Change to Allow Telehealth Use in Voluntary Assisted Dying Discussions

07 May 2026

In a letter to Attorney General Michelle Rowland, AMA President Dr Danielle McMullen has called for urgent changes to the Criminal Code Act 1995, specifically sections 474.29A and 474.29B.

These sections were introduced before VAD was legal in Australia and make it an offence to use electronic communication, such as telehealth, to discuss or provide information about suicide-related matters.

The AMA says these provisions are now unintentionally affecting access to lawful VAD services across Australia, including in states where VAD is fully legal and in the ACT, with the Northern Territory also preparing legislation.

According to the AMA, Australia is currently the only country where telehealth is restricted in this way for legal VAD services.

Impact on patients and clinicians

The AMA notes that the current legal framework has practical consequences, including:

  • Health professionals travelling long distances to see patients in person
  • Limited remote support from nurses, care coordinators, and pharmacists due to legal risks around phone and email communication
  • VAD medications needing to be physically delivered or couriered rather than managed through telehealth-supported processes

AMA position on telehealth

The AMA supports telehealth as part of modern medical care, saying it should complement in-person consultations rather than replace them.

It argues that telehealth is particularly important when patients are unable to travel due to illness or limited access to services, and should be available for VAD discussions where clinically appropriate and in line with regulations and professional standards.

https://www.ama.com.au/

Source: Australian Medical Association (Federal correspondence to Attorney General)

 
 
 

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