With a federal election imminent, Go Gentle Australia is calling on federal politicians of all persuasions to commit to three small but significant reforms to improve Voluntary Assisted Dying (VAD) care.
Dr Linda Swan, Go Gentle's CEO, said the three changes would make a world of difference for eligible terminally ill Australians and the people who provide their care.
"Without these changes – which can be achieved for low or no cost – people at the end-of-life will continue to suffer needlessly,'' Dr Swan said.
The changes are:
- Amend the Cth Criminal Code where it inhibits high-quality VAD care
- Update MBS Explanatory Notes so VAD practitioners are not expected to work for free
- Include VAD in the federal definition of end-of-life care
The reforms are detailed in Go Gentle's 2025 Federal Election Priorities for Voluntary Assisted Dying.
1. Amend the Cth Criminal Code where it inhibits high-quality VAD care
Outdated provisions in the Cth Criminal Code restrict the use of electronic communications when providing VAD to terminally ill Australians. This delays and disrupts the process for dying people and their families, and puts health professionals at risk of fines and prosecution – simply for doing their jobs. The AMA, VAD regulatory bodies and all state Health Ministers and Attorneys General agree change is needed, and 20 leading health and legal organisations have signed a joint statement on the issue.
"The Commonwealth ban on telehealth and other electronic communications is the antithesis of good clinical care," Dr Swan said. "It is cruel and disadvantages people who are unable to travel for in-person consultations due to the complexity of their medical condition or because they live in a rural or remote area."
Emma Hargreaves, whose father Terry was not able to access VAD when he wanted it, said having the availability of telehealth would have prevented him suffering in his final days. Terry was too sick to travel to an in-person appointment to be assessed by a specialist. He spent his last days agitated and distressed, denied the peaceful death he sought.
"If telehealth had been an option, it would have made an enormous difference. It could have changed the outcome and, most importantly, empowered my dad in his final moments," Emma said.
2. Update MBS Explanatory Notes so VAD practitioners are not expected to work for free
An outdated provision in the Medicare Benefits Schedule (MBS) Explanatory Notes is making health professionals' jobs much harder and deterring them from VAD practice – which in turn limits access for dying people and their families to high-quality VAD care.
The current MBS Explanatory Notes prohibit reimbursement for 'euthanasia and any service directly related to the procedure'.
"This is outdated language and means that a VAD-trained GP cannot claim for the work they do in the administration of the VAD substance,'' Dr Swan said.
"Some doctors decide offering VAD services is just too hard. We need the next government to act fast to stop the workforce depleting and impacting patient care."
3. Include VAD in the definition of end-of-life care
"Language matters. Leaving VAD out of federal definitions of end-of-life care amplifies and justifies the different treatment and stigma that dying people face when they seek VAD. The impact is also felt by families, carers and the professionals providing VAD care," Dr Swan said.
"Voluntary assisted dying is now legal in every state and soon the ACT. It enables terminally ill adults to ask a doctor for help to end their life, provided they meet strict eligibility criteria.
"It's time for federal regulation and legislation to keep up to date with these reforms."
Read our full 2025 Election Priorities
Key Facts:
Voluntary Assisted Dying (VAD) is a legal end-of-life choice in every state in Australia. It will become available in the ACT in November.
Go Gentle's State of VAD report collates data about VAD use in each state. The last report showed almost 2500 Australians had used VAD.
A typical VAD applicant is aged 70-79 years, more likely to be male, and have cancer.
About us:
Go Gentle Australia empowers people to choose the end-of-life care that is right for them, including the option of voluntary assisted dying. We amplify the voices of individuals, families and health professionals to ensure their views are heard and understood.
