Why Can't Dying Patients in Australia See Their Doctor Online?

Australia's governing Labor Party has voted to remove federal laws that stop doctors from using video calls for voluntary assisted dying — a legal process that lets terminally ill patients choose to end their lives with medical help. But Prime Minister Anthony Albanese personally disagrees with the change. He told ABC TV the process "should be face-to-face recognition and face-to-face engagement." The decision was made at Labor's national conference in Adelaide the week before July 26, 2026, and it sets up a political fight within the party and across parliament. (The Guardian)
The new Labor platform promises to "remove barriers that exist in federal law to the provision of end-of-life care (including via telehealth) as part of lawful access to voluntary assisted dying in the states and territories, while maintaining appropriate clinical safeguards." It also guarantees a conscience vote, which means politicians can vote however they personally believe rather than following their party's line. (The Guardian)
The problem is a law called Section 474.29A of the federal Criminal Code. It bans using any kind of phone or internet service to encourage suicide. Because federal law treats voluntary assisted dying and suicide as the same thing, doctors risk heavy fines — up to $300,000 — if they conduct VAD consultations over video call. (The Guardian)
That law was passed under Prime Minister John Howard, before any part of Australia had legalised voluntary assisted dying. Now VAD is legal in every Australian state. Independent MP Kate Chaney told parliament on 30 March 2026 that VAD is "now an established part of Australia's health system across every state and the ACT." (The Guardian; Kate Chaney MP; APH Hansard)
For patients in rural and remote Australia, the impact is serious. Every step of the VAD process — the assessments and consultations — must happen in person, which can mean hours of travel. According to ABC News, Australia is the only country in the world where voluntary assisted dying is legal but consultations must be face-to-face. This claim was also made in parliament on 2 July 2026. (ABC News; APH Hansard)
The Parliamentary Library warned about this clash back in August 2023. It noted that Western Australia and Tasmania had explicitly allowed telehealth for certain VAD steps under their own laws. But the federal ban still scares doctors away from using telehealth, no matter what state law permits. (Parliamentary Library FlagPost)
Albanese said on ABC TV on Sunday, July 26, that cabinet would decide whether to draft new legislation, after talking with MPs. He did not give a timeline or back the platform's direction. The Prime Minister's stance puts him at odds with the platform his own party just adopted. (The Guardian)
Independent and Greens MPs are pushing to force action. Independent MP Kate Chaney said on Friday she would reintroduce a bill to fix the Criminal Code so that voluntary assisted dying is clearly not treated as suicide. She first introduced the Voluntary Assisted Dying Telehealth Bill on 12 February 2024. Greens senator Sarah Hanson-Young said on Sunday she would introduce her own version in the Senate, apparently to pressure Labor into acting. (The Guardian; Kate Chaney MP; APH Hansard)
The broader context here is a clash between two levels of law. State governments have made voluntary assisted dying legal across the country. But the federal government's criminal law was never updated to match. That means a doctor following state law perfectly could still be breaking federal law just by doing the consultation over a video call. This contradiction has lasted through multiple parliamentary sessions and two prime ministerships.
The conscience vote makes things even less predictable. Since no party is forcing its MPs to vote a certain way, whether any reform passes will come down to individual beliefs. And with two different bills coming from the Greens and an independent, the proposals might not even match in their details.
Labor's platform change is a statement of intent, not a guarantee of new law. Whether it leads to actual changes to the Criminal Code will depend on whether cabinet drafts legislation, how individual MPs vote in a conscience vote, and how much pressure the crossbench applies. The platform has changed. The law has not.


