Denton urges Albanese to honour conscience vote on VAD telehealth

Andrew Denton has published an opinion piece in The Guardian calling on the federal government to remove criminal law barriers that currently prohibit the use of telehealth in voluntary assisted dying (VAD). The article, published on 28 July 2026, argues that the Australian government must align federal legislation with state and territory laws that permit the procedure.

Denton highlights a legal conflict between state VAD laws and a 2005 federal law prohibiting the use of carriage services for "suicide-related material." The federal court has ruled that this provision includes VAD, creating a situation where doctors risk prosecution and fines of $300,000 if they use telehealth to carry out any part of the VAD process.

The opinion piece cites specific cases where patients suffered due to delays in receiving medication caused by the inability to use electronic prescriptions or remote consultations. Denton references the deaths of Patrick Hammer, who died in pain after his prescription was sent by post, and Tom, a man who died before medication could be dispensed despite doctors travelling thousands of kilometres to assess him.

Denton urges Prime Minister Anthony Albanese to honour the Australian Labor Party national conference's commitment to a conscience vote on the issue. He notes that while the prime minister remains personally unconvinced, the ALP platform now supports removing federal barriers, and a conscience vote that never reaches parliament is ineffective.

The Australian Medical Association and other health bodies support the change to allow telehealth as a clinical tool for patients too unwell to travel. Denton argues that the federal attorney general has stated VAD belongs in health policy, and removing the criminal barrier would return the issue to that domain without mandating telehealth use.