Families, doctors of terminally ill patients warned over encouraging suicide law

Families and doctors of terminally ill patients are being warned of a law that could see them prosecuted for encouraging suicide. The federal law has prompted fears around phone conversations.

Family members and doctors who discuss voluntary assisted dying over the phone with patients could be at risk of breaking federal laws.

Health Minister Jenny Mikakos revealed doctors would be advised this week to not carry out any conversations over the phone or on video communication for fear they could be prosecuted for encouraging suicide using a carriage service.

“What has come to light is a potential intersection with a commonwealth law, an offence provision that relates to inciting or counselling someone through a carriage service,” Ms Mikakos said.

Health Minister Jenny Mikakos. Picture: Sarah Matray

“We are acting here in a very cautious way. There will be no direct impact on voluntary assisted dying in Victoria. Effectively we are working around the Commonwealth law by providing this advice.”

It is understood the issue only came to light this week after the laws came into effect on June 19.

Ms Mikakos said no doctors have had a conversation by phone and were not at risk, however she could not rule out whether families may be at risk.

The minister appealed to the Federal Government to not move to prosecute anyone who may have inadvertently committed an offence and said she would be having conversations with the appropriate commonwealth minister in the coming weeks.

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The change will impact regional Victorians, as advice cannot be provided through Skype or telephone calls.

However, the State Government would assist clinicians travelling to these patients.

The federal law was introduced in 2005 in the bid to tackle cyber bullying and apparently is not a jailable offence, but comes with a fine.

Attorney-General Christian Porter Said people could not breach the law as long as they had face-to-face meetings.

“My department has had discussions with Victorian officials about the interaction of Commonwealth and Victorian laws,” he said.

“Advice from Victorian officials is that, under their voluntary assisted dying laws, medical consultations would occur in person and would therefore not breach Commonwealth offences for inciting or instructing suicide online.

“I’m confident that anyone acting in accordance with Victorian laws will not be prosecuted for Commonwealth offences.”

Opposition health spokeswoman Georgie Crozier said the oversight was a concern.

“The Andrews Government rushed through the euthanasia laws without adequate consideration of Federal law,” she said.

“Daniel Andrews needs to explain why Victorian families and doctors could reportedly face Federal charges as a result of accessing assisted dying services”

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