View from The Hill: government shuts down telehealth-for-VAD bill, defying Labor conference

The Australian government has rejected a crossbench attempt to permit telehealth consultations in voluntary assisted dying (VAD) care, despite the measure receiving strong support at the Labor national conference held last month. Health Minister Mark Butler stated that the existing safeguards surrounding telehealth were inadequate, a stance he had previously taken in 2022, 2021, and even when he was in opposition.

However, in his current role, Prime Minister Anthony Albanese opposes any change, although he supports the concept of VAD itself. Albanese has claimed that telehealth would erode trust in VAD.

Western Australian crossbench MP Kate Chaney presented a private member's bill during parliament's recent winter break to amend the criminal law, thereby removing the current prohibition on telehealth consultations in VAD. Her bill was supported by the Australian Medical Association, the Law Council, VAD regulatory bodies, 20 health organizations, state attorneys-general, and health ministers. Chaney emphasized that the availability of telehealth could have alleviated suffering in numerous instances.

Monique Ryan, another teal MP, joined Chaney's effort, stating that the Labor platform was now aligned with doctors, dying patients, and their families. She argued that there was no justification for delay. The ALP national conference affirmed its commitment to removing the VAD telehealth barrier "as part of lawful access to voluntary assisted dying, while maintaining appropriate clinical safeguards" and advocated for a conscience vote on VAD issues.

However, the government does not grant its MPs free votes on procedural matters, so all Labor members were compelled to vote against Chaney's proposal.

Despite the conference's formal binding decision, the specifics of implementation and timing are determined by the parliamentary party. The telehealth debate was the only contentious issue at the national conference. In response to Chaney and Ryan, Butler claimed that the government and the parliamentary party would decide matters concerning the implementation of the party platform.

He acknowledged that there were differing opinions on the appropriateness of current telehealth arrangements and pledged to continue engaging with stakeholders. However, he did not commit to developing satisfactory clinical safeguards for VAD.

Chaney later clarified that her concerns were not related to cannabis prescription via telehealth, which she deemed to have substantial financial incentives. Instead, she argued that existing checks and balances were sufficient to ensure the appropriateness of telehealth consultations for VAD practitioners. The government and opposition combined to quash Chaney's move in a 74-12 vote, with the eight other independent members, Greens' Elizabeth Watson-Brown, and One Nation's David Farley supporting Chaney and Ryan.

The battle over telehealth will now move to the Senate, where Greens' Sarah Hanson-Young plans to introduce a private senator's bill. Independent David Pocock called for the Senate to grant people the dignity they deserve in their final moments.