Victoria to remove ‘gag clause’ from voluntary assisted dying laws
The Victorian Allan government will move to bring its voluntary assisted dying laws in line with other states by scrapping a ‘gag clause’ that prevents doctors from initiating conversations about the option with their patients.
The Victorian government will move to bring its voluntary assisted dying laws in line with other states by scrapping a “gag clause” that prevents doctors from initiating conversations about the option with their patients.
This follows the release of a five-year review into the operation of the scheme, which commenced in 2019, two years after Victoria became the first state to legislate voluntary assisted dying.
Since then, all other Australian jurisdictions except the Northern Territory have followed suit.
The review, tabled in parliament on Thursday, found that Victoria’s voluntary assisted dying scheme was “operating as intended” and was providing “a safe and compassionate end-of-life choice” for Victorians who faced imminent death because of an incurable disease, illness or medical condition.
“Access to VAD is safe, efficiency and timeliness of processes are improving, performance monitoring and oversight mechanisms are working adequately, and most supports are effective,” the review states.
However, the review identifies several safeguards that “impede access, undermining patient-centred care,” and has made recommendations for improvement.
“While groundbreaking at the time of its commencement, the Victorian model of VAD is now widely regarded as a conservative model in Australia with a strong focus on safety,” the report reads.
Victorian Health Minister Mary-Anne Thomas, who said the state’s laws needed updating to remain “fair”, confirmed the government would move to scrap the ban on medical practitioners initiating discussions about voluntary assisted dying with their patients.
“This will keep us in step with other states and ensure that this important end-of-life care choice can be discussed between people who have a life-limiting condition and their medical practitioners,” she said.
Ms Thomas said the government would also look to expand the six-month life expectancy eligibility rule to 12 months, and to remove the requirement for a third medical opinion for patients with terminal neurodegenerative conditions.
“There are other changes that we propose, including reducing the time between the first request and second request to access voluntary assisted dying from nine days to five days,” she said.
The government also proposes to require doctors who conscientiously object to voluntary assisted dying to provide minimum information to patients who raise the option.
The reforms, which are subject to consultation, are expected to be introduced to the parliament later this year, with Labor MPs to be granted a conscience vote.
Opposition health spokeswoman Georgie Crozier said the opposition would wait to see the detail of the proposed reforms but confirmed Liberal and Nationals MPs would also be allowed a conscience vote.
Since 2019, 1282 Victorians have accessed VAD services.
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