Proposal to Loosen Euthanasia Laws: Doctors May Be Able to Suggest Assisted Death

A man rides to a doctor's appointment with his wife in New York City on March 16, 2016. John Moore/Getty Images

Victoria intends to make major changes to its law on assisted dying, including allowing doctors to raise the topic with patients, which was previously forbidden.

People with terminal non-neurodegenerative diseases will be able to opt for voluntary assisted dying (VAD) when their life expectancy reaches 12 months, up from six. The process of applying for a permit will also be simplified, with less time required between the first and last VAD request.

When the law was first introduced, a five-year review was legislated, and that was put forward in state parliament today. It found that some safeguards were impeding access to end-of-life choices.

“Currently, pockets of resistance and unclear guidance for health and care organisations and individual health practitioners can delay or create a barrier to access VAD,” the report said.

Victoria became the first state to legalise euthanasia in 2019, with Western Australia, Queensland, New South Wales, Tasmania, and South Australia following later.

Since it was enacted, 1,282 Victorians have died by euthanasia.

Previous Government Refused to Make Changes

A peer-reviewed study in 2023 claimed that doctors’ inability to raise the issue with patients was a major barrier to people getting the advice and support they needed, but former Premier Dan Andrews was resolute that the government would not pursue any changes.

The report made five recommendations, all of which the government says it will adopt, including providing more guidance for health practitioners and health care services, enhancing community awareness of VAD, and grief and bereavement support.

There have been no reports of ineligible people getting access to assisted dying drugs, the review said.

Dying with Dignity Victorian President Jane Morries welcomed the changes, saying they will improve access and support for people seeking VAD.

One change that may prove controversial is a requirement for health practitioners who conscientiously object to assisted dying to still provide a minimum amount of information to patients.

The proposed changes will first go to consultation with stakeholder groups, then the amended law will be decided by conscience vote, as happened when it first passed in 2017.

Currently, those eligible for assisted dying are adults with a progressive, advanced terminal illness and less than six months to live or within 12 months for neurodegenerative diseases. They must be of sound mind, and their suffering must be deemed “intolerable.”

An independent review board oversees each step of the process, and the coroner is notified of each death.

Suicide or Assisted Dying?

In 2023, the Federal Court of Australia ruled that doctors who provide online euthanasia consultations could face criminal charges.

Justice Wendy Abraham, in response to an application from a Melbourne general practitioner, said, “Voluntary assisted dying, while a means carefully regulated and a societally approved means of a person intentionally taking their own life, remains a means of a person taking their own life.”

Since euthanasia is suicide according to its natural meaning, she said, information on VAD provided over the phone, email, or telehealth would breach Commonwealth laws.

The Victorian government opposed the ruling and, along with the former Queensland government, called on the federal government to amend the Criminal Code.

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AAP contributed to this story.