Attorney-General demands feds ‘urgently’ amend euthanasia laws

Queensland doctors could be criminally charged for approving voluntary assisted death of terminally ill patients via phone or email, a federal court finding has ruled.

Queensland doctors could be criminally charged for approving the voluntary assisted death of their terminally ill patients through a telehealth appointment, a shock federal court finding has ruled.

In a judgement handed down on Thursday, the Commonwealth Criminal Code was cited in the ruling stating the use of a telephone, videoconference call or email to counsel or incite someone to suicide is an offence.

The ruling has cast doubt over the landmark legislation passed in Queensland with overwhelming support more than two-years ago, and spurred Attorney-General Yvette D’Ath to demand the federal government “urgently” amend Commonwealth laws.

The Attorney-General Yvette D'Ath. Picture: Patrick Woods.

Voluntary assisted dying (VAD) is now legal in most states but Ms D’Ath said the ruling is particularly concerning to Queensland given its decentralised nature, which places significance on doctors treating people in remote communities.

“Medical professionals should not face prosecution for fulfilling their duties, nor should people be denied access to medical support based on where they live,” the Attorney-General said.

“Today’s federal court decision reinforces Queensland’s long held position that legislative change is essential.

“I will continue to lobby Canberra to urgently amend these laws to ensure Queenslanders in the regions aren’t discriminated against and their suffering unnecessarily prolonged.”

Health Minister Shannon Fentiman said the concerns raised by the AG were echoed by Queensland Health and the Queensland Law Reform Commission.

“The federal government is standing in the way of Queenslanders getting access to voluntary assisted dying via Telehealth,” she said.

“This is particularly a problem in rural, remote and regional areas and the federal government needs to immediately amend the criminal code so that, not just Queenslanders, Australians who now have this in place lawfully – most jurisdictions – can access this kind of healthcare and die with dignity.”

According to the inaugural annual report by the VAD Review Board handed down in September, 591 people commenced the process to be approved access to VAD medication in the first six-months of the laws coming into effect in January.

Of those, 245 terminally-ill people had died from administering a VAD substance.

The landmark legislation, which passed with overwhelming support during an emotional sitting at state parliament in 2021, includes strict requirements for the administration of the drug.

An eligible adult must have been diagnosed with an advanced disease, illness or medical condition which is expected to result in death within 12-months.

Those who have been approved to take part in VAD have the option to self-administer the drug or for it to be administered by an administering practitioner.

The deadly dose is provided to those wanting to self-administer at home in a locked box or collected by a designated support person.

VAD drugs not consumed must be returned to the pharmacy within 14 days.

Originally published as Attorney-General demands feds ‘urgently’ amend euthanasia laws