Court blocks telehealth consultations for euthanasia
The Federal Court has effectively outlawed telehealth consultations for euthanasia after citing a Commonwealth law that bans the use of the phone or internet to “counsel” suicide.
Justice Wendy Abraham ruled on Thursday against Melbourne GP Nick Carr, who had sought declarations that he would not be breaking a Victorian law by consulting a patient online.
Telehealth plea: Dr Nick Carr has failed to sway the federal court on euthanasia consultations. Joe Armao
Justice Abraham sided with Attorney-General Mark Dreyfus, who argued that state laws on voluntary assisted dying (VAD) conflicted with Commonwealth laws – under which doctors faced criminal charges and a fine of up to $313,000 (100 penalty units).
The ruling also means Medicare will not be obliged to cover the cost of a remote VAD consultation. Before the case, the states and territories – most of which have similar laws – had lobbied Mr Dreyfus for an exemption.
Dr Carr argued that there were few doctors who were approved as VAD practitioners under Victorian law, which meant patients were required to travel long distances – often when very unwell.
Justice Abraham said “suicide”, as defined in the Criminal Code, covered the ending of a person’s life and that while it was not an offence to commit suicide, encouraging a person to do so was an offence.
Federal Court Justice Wendy Abraham.
“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 ... ,” she said
“Given the construction of “suicide” in sections 474.29A and 474.29B [of the Criminal Code], there is a ‘direct inconsistency’ between the VAD Act and Criminal Code, as the state law alters, impairs or detracts from the operation of the Commonwealth law.”
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