The Times Australia
The Times World News

.

Voluntary assisted dying will begin in WA this week. But one Commonwealth law could get in the way

  • Written by Charles Corke, Associate Professor of Medicine, Deakin University

Voluntary assisted dying has been a legal option for Victorians[1] since June 2019.

On July 1, it will become available in Western Australia[2], which was the second Australian state to legalise[3] voluntary assisted dying.

Tasmania and South Australia[4] have since followed, and are preparing to enact voluntary assisted dying laws.

Read more: WA's take on assisted dying has many similarities with the Victorian law – and some important differences[5]

Unfortunately, while Victorians have the right to request voluntary assisted dying under Victorian law[6], a Commonwealth legal impediment makes it unduly difficult to access this service.

Commonwealth law makes it a crime to use a “carriage service[7]” for the purposes of conveying “suicide related material”.

What does that mean?

You might think of a “carriage service” as letters being delivered on a 19th Century mail coach. But it actually relates to modern communication technologies including the telephone, SMS, email, internet and videoconferencing.

Posted letters and face-to-face conversations are allowed.

The Commonwealth law was not designed to thwart legal assisted dying. It was passed in 2005[8], well before any state legislation was enacted. Its stated intent was to prevent things such as incitement to commit suicide[9] by cyber bullies or the promotion of suicide methods to those who are vulnerable and depressed.

But in relation to voluntary assisted dying, the practical effect is that using modern communication to respond to a patient who requests voluntary assisted dying is a potential Commonwealth crime — even though it may be legal under state law. When laws conflict, federal legislation trumps state law.

A man looks out the window. WA will become the second Australian state to enact voluntary assisted dying laws. Shutterstock[10]

A barrier to access

A report on the operation of voluntary assisted dying in Victoria between January and June 2020[11] found the risk of prosecution under this law was a complicating factor for the medical community — and became even more so during the pandemic.

Although we haven’t seen voluntary assisted dying practitioners prosecuted under this law, they largely want to comply with the Commonwealth legislation, to avoid the risk of breaking the law and facing a hefty penalty. This makes the process of assessing patients’ requests for voluntary assisted dying both difficult and slow.

The Victorian Voluntary Assisted Dying Review Board has received reports of challenges faced by applicants who have had to attend face-to-face assessments. Without the option of telehealth, extremely unwell patients may have to undertake long and difficult journeys to have their eligibility assessed. This is especially problematic for patients who live in rural areas who may have to travel great distances to see a doctor who is willing to respond to their request (few doctors are credentialed to facilitate voluntary assisted dying).

Read more: Voluntary assisted dying could soon be legal in Queensland. Here's how its bill differs from other states[12]

If travel is impractical for the patient, the only other legal option is for a busy clinician to travel to the patient to perform the voluntary assisted dying assessment. In many cases the doctor may decide the assessment can’t be done.

The restriction also makes it potentially illegal for the doctor to phone their patient to inform them a permit has been issued, for the pharmacist to answer a patient’s ongoing query about the medication via email or phone, or for the care navigators (who help patients navigate the system) to provide advice or assistance over the phone.

A doctor using a laptop. Doctors have reported this Commonwealth law is frustrating. Shutterstock[13]

Pushing back

Victoria essentially accepts the Commonwealth law, and has discouraged doctors[14] from corresponding with patients on voluntary assisted dying over the phone or internet.

The massive size of WA means any restriction on modern communication will have a disproportionate effect for patients who may, as a result, have to travel many hundreds of kilometres for face-to-face consultations, and may have to depend on a postage service that can take days.

It seems clear the Commonwealth Criminal Code needs to be amended, but this will take time. In the interim the Commonwealth Director of Public Prosecutions[15] needs to issue a guideline that, where a person is acting in accordance with state voluntary assisted dying legislation, offences in the Commonwealth Criminal Code will not be prosecuted. To date, requests by Victoria that this assurance be provided have proved unsuccessful.

With Queensland parliament set to debate voluntary assisted dying laws in September, Premier Annastacia Palaszczuk recently wrote[16] to Prime Minister Scott Morrison requesting the federal government urgently amend the Commonwealth Criminal Code to exclude state government voluntary assisted dying schemes from this law. The Morrison government has rejected this request[17].

Patients are suffering

Voluntary assisted dying is now in various of stages of legalisation and implementation across Australia, and repeated surveys confirm the overwhelming majority[18] of Australians support it.

Under these laws, terminally ill patients may well get the end they want, but not as efficiently as they desire, or should reasonably expect. Delay and inefficiency adds to anxiety and frustration at a time when patients and their families are at their most vulnerable.

Meanwhile, medical practitioners are frustrated, forced to choose between breaking the law and providing the care patients expect.

Australians expect government collaboration at all levels to deliver services that work as efficiently and effectively as possible. It doesn’t have to be like this.

Read more: Victoria's voluntary assisted dying scheme is challenging and complicated. Some people die while they wait[19]

References

  1. ^ for Victorians (theconversation.com)
  2. ^ in Western Australia (www.abc.net.au)
  3. ^ to legalise (theconversation.com)
  4. ^ Tasmania and South Australia (www.abc.net.au)
  5. ^ WA's take on assisted dying has many similarities with the Victorian law – and some important differences (theconversation.com)
  6. ^ Victorian law (www.legislation.vic.gov.au)
  7. ^ carriage service (www.legislation.gov.au)
  8. ^ in 2005 (www.legislation.gov.au)
  9. ^ incitement to commit suicide (eprints.qut.edu.au)
  10. ^ Shutterstock (www.shutterstock.com)
  11. ^ January and June 2020 (www.bettersafercare.vic.gov.au)
  12. ^ Voluntary assisted dying could soon be legal in Queensland. Here's how its bill differs from other states (theconversation.com)
  13. ^ Shutterstock (www.shutterstock.com)
  14. ^ has discouraged doctors (www.theaustralian.com.au)
  15. ^ Commonwealth Director of Public Prosecutions (www.cdpp.gov.au)
  16. ^ recently wrote (www.brisbanetimes.com.au)
  17. ^ rejected this request (www.theaustralian.com.au)
  18. ^ the overwhelming majority (www.abc.net.au)
  19. ^ Victoria's voluntary assisted dying scheme is challenging and complicated. Some people die while they wait (theconversation.com)

Read more https://theconversation.com/voluntary-assisted-dying-will-begin-in-wa-this-week-but-one-commonwealth-law-could-get-in-the-way-161982

Times Magazine

Building an AI-First Culture in Your Company

AI isn't just something to think about anymore - it's becoming part of how we live and work, whether we like it or not. At the office, it definitely helps us move faster. But here's the thing: just using tools like ChatGPT or plugging AI into your wo...

Data Management Isn't Just About Tech—Here’s Why It’s a Human Problem Too

Photo by Kevin Kuby Manuel O. Diaz Jr.We live in a world drowning in data. Every click, swipe, medical scan, and financial transaction generates information, so much that managing it all has become one of the biggest challenges of our digital age. Bu...

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

The Times Features

Is our mental health determined by where we live – or is it the other way round? New research sheds more light

Ever felt like where you live is having an impact on your mental health? Turns out, you’re not imagining things. Our new analysis[1] of eight years of data from the New Zeal...

Going Off the Beaten Path? Here's How to Power Up Without the Grid

There’s something incredibly freeing about heading off the beaten path. No traffic, no crowded campsites, no glowing screens in every direction — just you, the landscape, and the...

West HQ is bringing in a season of culinary celebration this July

Western Sydney’s leading entertainment and lifestyle precinct is bringing the fire this July and not just in the kitchen. From $29 lobster feasts and award-winning Asian banque...

What Endo Took and What It Gave Me

From pain to purpose: how one woman turned endometriosis into a movement After years of misdiagnosis, hormone chaos, and major surgery, Jo Barry was done being dismissed. What beg...

Why Parents Must Break the Silence on Money and Start Teaching Financial Skills at Home

Australia’s financial literacy rates are in decline, and our kids are paying the price. Certified Money Coach and Financial Educator Sandra McGuire, who has over 20 years’ exp...

Australia’s Grill’d Transforms Operations with Qlik

Boosting Burgers and Business Clean, connected data powers real-time insights, smarter staffing, and standout customer experiences Sydney, Australia, 14 July 2025 – Qlik®, a g...