The Victorian government’s review of euthanasia laws has stirred controversy by excluding discussions on allowing doctors to initiate conversations with terminally ill patients about voluntary assisted dying (VAD). Advocates argue that this omission represents a missed opportunity for significant reform.
Victoria’s euthanasia laws, implemented in 2017, were groundbreaking in Australia, but critics now argue the state is falling behind others in terms of progressive end-of-life care. The current review, open to public submissions, primarily focuses on operational aspects and access to the scheme, rather than revisiting the legal framework.
Advocates, such as Jane Morris, president of Dying with Dignity, express disappointment with the review’s scope, noting that crucial concerns like the “gag clause” prohibiting doctors from initiating VAD discussions remain unaddressed. Additionally, calls for extending the scheme to include individuals with dementia are not part of the review’s mandate.
Under current legislation, doctors in Victoria are barred from initiating conversations about voluntary assisted dying with terminally ill patients, citing coercion prevention as the rationale behind this safeguard. In contrast, other Australian states allow such discussions while ensuring a comprehensive exploration of treatment and palliative care options.
Critics argue that these safeguards, including the gag clause, act as barriers rather than protections, hindering marginalized individuals’ access to VAD. Dr. Nick Carr, who has assisted numerous patients in end-of-life decisions, emphasizes the importance of informing patients about all available options, calling the gag clause a restriction that undermines informed decision-making.
A recent legal challenge by Carr against federal laws regarding discussions about suicide, including VAD, highlighted the legal complexities surrounding end-of-life care. The ruling underscored the need for clarity in navigating the intersection of state and federal legislation concerning assisted dying.
Victoria’s VAD legislation mandates a review of its implementation after the first four years, leaving room for potential legislative adjustments. The government clarifies that the ongoing review primarily assesses the operational aspects of the law rather than its fundamental principles.
While the review aims to evaluate the implementation of VAD laws in Victoria and identify areas for improvement, advocates remain concerned about the scope and potential for meaningful reform. The review’s findings are expected to be presented to parliament later this year.