Federal amendment sought with Queensland voluntary assisted dying law
Annastacia Palaszczuk is seeking legislative amendments giving doctors an exemption from federal law to enable them to offer phone or internet advice on voluntary assisted dying.
Annastacia Palaszczuk has written to Scott Morrison seeking legislative amendments giving Queensland doctors an exemption from federal law to enable them to give phone or internet advice to terminally ill patients about voluntary assisted dying.
The Queensland premier wrote the letter on Tuesday as her government introduced draft legislation to legalise euthanasia in the state, which will face a vote in September.
The Queensland Law Reform Commission, in a report on the state’s new draft VAD legislation, said the Commonwealth exemptions were needed to shield medical practitioners from potential prosecution for using a “carriage service” to encourage suicide, a federal offence.
In her letter, Ms Palaszczuk said the exemptions were needed to ensure rural, remote and regional Queensland residents could have access to the VAD laws if they are passed.
Concerned by the possible intersection of the federal law with its VAD scheme, the first to be enacted, Victoria in 2019 advised doctors not to use telehealth conferencing to talk with patients about voluntary euthanasia.
Ms Palaszczuk said she hoped that Commonwealth prosecutors would be given guidelines not to charge doctors using a carriage service before her proposed legislative amendments can be introduced and passed in the federal parliament.
“I am concerned that the operation of the Commonwealth law may particularly affect individuals suffering and dying in regional, rural, and remote areas, and that access to VAD may be greatly impaired if these forms of communication cannot be used to obtain information and advice,’’ she wrote.
“I am also concerned about the possible criminal liability of health practitioners who are lawfully, under the Queensland legislation, providing advice about the VAD scheme if your legislation is not amended.”
The single-chamber configuration of parliament and Ms Palaszczuk’s personal backing for the bill mean it should comfortably pass.
All 52 Labor MPs in the 93-seat parliament will be allowed a conscience vote on the proposed laws, which are expected to be carried.
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