This bill is currently before Parliament.
Law, justice & rights
Patients using lawful voluntary assisted dyingA lawful process for eligible people to choose medical help to end their life. could consult trained clinicians by phone, email or video.
Senator Sarah Hanson-Young, an Australian Greens senator, said current federal law stops some terminally ill people speaking remotely with their doctors about voluntary assisted dyingA lawful process for eligible people to choose medical help to end their life.. She said this particularly affects rural and remote patients, including people facing a three-hour drive to a doctor. The explanatory memorandum said a 2023 court ruling treated these consultations as assisting or counselling suicide, even when state law allowed them. It said the original offence targeted cyberbullying and websites promoting suicide, not medical appointments.
State and territory voluntary assisted dyingA lawful process for eligible people to choose medical help to end their life. schemes were already available, but the federal Criminal CodeThe federal law containing the offence changed by this bill. offence against using a communications service to counsel or incite suicide was applied to lawful VAD telehealthHealthcare provided remotely by phone, email or video. after the 2023 Carr ruling, exposing clinicians and limiting access for people unable to travel. Pressure grew through a 2024 private member’s push, renewed patient and family appeals in 2026, Labor’s July endorsement of a conscience vote and a terminally ill woman’s August plea, prompting Senator Sarah Hanson-Young to introduce a bill exempting lawful VAD communications while leaving state safeguards unchanged.
The evidence pack does not contain criticism from an opposing speaker or party. Its two debate documents contain the same speech by Senator Sarah Hanson-Young, who introduced the bill.
Senator Sarah Hanson-Young introduced this bill. Supportive speeches so far have come from Greens.
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
54 days
Updated 06 Oct 2026.
Meaning
Patients using lawful voluntary assisted dyingA lawful process for eligible people to choose medical help to end their life. could consult trained clinicians by phone, email or video.
Clinicians following state or territory laws in good faithActing honestly while following the applicable law. would not commit the federal online-communications offence.
Clinicians who used these communications before the change would also be covered by the protection.
Patients would keep the safeguards set by their state or territory, including rules about free and informed choice.
Patients would not have to use remote appointments, and the bill would not change how the medication is given.
Patients and clinicians would see the change begin the day after the bill receives Royal AssentFormal approval that allows a passed bill to become law..
1 At the end of Subdivision G of Division 474 of the Criminal Code 474.29C Subdivision does not apply to lawful voluntary assisted dying This Subdivision does not apply to acts or omissions lawfully carried out in good faith in accordance with a voluntary assisted dying law (however described) of a State or Territory. Note: Each of the following is an example of an act: using a carriage service; using material; possessing, controlling, producing, supplying or obtaining material.Criminal Code Amendment (Equal Access to Voluntary Assisted Dying) introduced text
1 At the end of Subdivision G of Division 474 of the Criminal Code 474.29C Subdivision does not apply to lawful voluntary assisted dying This Subdivision does not apply to acts or omissions lawfully carried out in good faith in accordance with a voluntary assisted dying law (however described) of a State or Territory.Criminal Code Amendment (Equal Access to Voluntary Assisted Dying) introduced text
2 Application of amendment The amendment made by this Schedule applies in relation to acts or omissions before, on or after the commencement of this Schedule.Criminal Code Amendment (Equal Access to Voluntary Assisted Dying) introduced text
This bill permits trained clinicians to exercise their clinical judgement over the use of telehealth services, including being able to discuss such services over the phone, email or videoconference. This bill does not require telehealth to be used, nor does it make it the only permitted use. This bill does not amend the safeguards that are in place in each state and territory to ensure that a person makes a free, informed choice, has decision-making capacity, and faces no pressure or coercion from others. This bill does not amend how VAD medication is administered.Criminal Code Amendment (Equal Access to Voluntary Assisted Dying) explanatory memorandum
This bill permits trained clinicians to exercise their clinical judgement over the use of telehealth services, including being able to discuss such services over the phone, email or videoconference. This bill does not require telehealth to be used, nor does it make it the only permitted use. This bill does not amend the safeguards that are in place in each state and territory to ensure that a person makes a free, informed choice, has decision-making capacity, and faces no pressure or coercion from others. This bill does not amend how VAD medication is administered.Criminal Code Amendment (Equal Access to Voluntary Assisted Dying) explanatory memorandum
2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent.Criminal Code Amendment (Equal Access to Voluntary Assisted Dying) introduced text
Context
State and territory voluntary assisted dyingA lawful process for eligible people to choose medical help to end their life. schemes were already available, but the federal Criminal CodeThe federal law containing the offence changed by this bill. offence against using a communications service to counsel or incite suicide was applied to lawful VAD telehealthHealthcare provided remotely by phone, email or video. after the 2023 Carr ruling, exposing clinicians and limiting access for people unable to travel. Pressure grew through a 2024 private member’s push, renewed patient and family appeals in 2026, Labor’s July endorsement of a conscience vote and a terminally ill woman’s August plea, prompting Senator Sarah Hanson-Young to introduce a bill exempting lawful VAD communications while leaving state safeguards unchanged.
Carr ruling treats lawful VAD telehealthHealthcare provided remotely by phone, email or video. as suicide counselling
The Federal Court held that ending a person’s life under Victoria’s VAD scheme could fall within the federal offence, making telehealthHealthcare provided remotely by phone, email or video. consultations potentially criminal.
Criminal Code Amendment (Equal Access to Voluntary Assisted Dying) explanatory memorandum ↗Kate Chaney calls for VAD telehealthHealthcare provided remotely by phone, email or video. access
Independent MP Kate Chaney introduced a private member’s bill seeking to overturn the federal ban, arguing that some Australians were missing out on VAD services.
ABC News ↗Patients and families renew the push for VAD telehealthHealthcare provided remotely by phone, email or video.
Appeals from patients and families highlighted how the federal restriction was preventing telehealthHealthcare provided remotely by phone, email or video. from being used in Victoria’s otherwise lawful VAD process.
ABC News ↗Labor backs a conscience vote on VAD telehealthHealthcare provided remotely by phone, email or video.
Labor delegates supported a conscience vote on lifting the telehealthHealthcare provided remotely by phone, email or video. restriction, bringing the issue into the federal government’s political debate.
ABC News ↗Terminally ill woman urges the Prime Minister to allow VAD telehealthHealthcare provided remotely by phone, email or video.
Adelaide woman Sandra Sarantou used her final days to call for Criminal CodeThe federal law containing the offence changed by this bill. changes that would improve VAD access for regional patients.
ABC News ↗Senator Sarah Hanson-Young introduces the bill
Senator Sarah Hanson-Young introduced the private senator’s bill to protect lawful VAD communications by phone, email or videoconference while retaining state and territory safeguards.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Key criticism
The evidence pack does not contain criticism from an opposing speaker or party. Its two debate documents contain the same speech by Senator Sarah Hanson-Young, who introduced the bill.
Hanson-Young argued that the existing rule creates unequal access and exposes health professionals to possible criminal responsibility. No opposing argument can be established from the supplied evidence.
Risks to vulnerable patients
TelehealthHealthcare provided remotely by phone, email or video. may make it harder for clinicians to identify coercion, elder abuse or other pressures that could undermine a patient’s free and informed choice. Critics argued the change should not proceed without strong evidence and safeguards, and some considered face-to-face consultation more appropriate for an end-of-life decision.
Further sources
Votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Start here — lead voices
Hanson-Young strongly supports the bill, arguing that allowing voluntary assisted dyingA lawful process for eligible people to choose medical help to end their life. consultations by telehealthHealthcare provided remotely by phone, email or video. will give terminally ill people, particularly those in rural and remote areas, fair access to end-of-life care without changing existing safeguards.
Read in Hansard ↗All speeches by bloc
1 speaker · 1 support
“This should not be controversial; it is common sense. I implore all my parliamentary colleagues, from across the Chamber, of all parties to act with compassion, empathy and care. It is time to fix what is a fundamentally unfair, unjust and cruel law, and allow all Australians to have a choice for their end of life care. It is time to give all those whose pain and suffering is already robbing them of a quality of life, the freedom to choose how they wish to spend their last days, with their loved ones, making memories. Not forcing people to endure even more unnecessary pain because a law that was never intended to cause harm and suffering is stopping a patient speaking to their doctor. Every Australian deserves dignity in their final days, regardless of where they live. This Parliament has the chance to relieve some of that suffering and it is cruel and inhumane not to.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
