Tuesday, 14 November 2023

Voluntary assisted dying

Sarah MANSFIELD (Western Victoria) (17:20): (584) My adjournment matter is for the Minister for Health, and the action I am seeking is for her to use the upcoming review of Victoria’s voluntary assisted dying legislation to consider amendments to address barriers to access. The Greens have long been strong advocates for voluntary assisted dying, or VAD. Colleen Hartland, in this place before me, campaigned tirelessly with communities to introduce what was a landmark piece of legislation to this chamber. This Parliament was brave in passing these laws in 2019, and that will always be a point of pride. Since then, many Victorians and families have been afforded choice and dignity at a time of immense grief and loss. For some even the knowledge that they have the option is enough.

The latest reports from our oversight boards in Victoria demonstrate that VAD is operating safely and as intended. However, this does not tell the whole story. As the first legislation of its kind in Australia, it took an understandably conservative approach, but four years later, as the rest of the country has caught up, our legislation now lags behind other states in terms of access and eligibility. Recently I attended the inaugural VAD conference in Sydney. Participants included healthcare workers and services, policymakers and families of those with lived experience. All identified numerous challenges with Victoria’s current system. In particular the gag clause in Victoria’s legislation prevents practitioners from instigating conversations about VAD, denying patients with a terminal illness the right to know the full range of options available.

Our narrow prognostic criteria of six months are another significant barrier. The time it takes to jump through the required hoops means many people die before they can access care, particularly if they live rurally. Prognostic criteria are inherently fraught. Other states have a 12-month time frame, and the ACT is moving to abolish them altogether. Currently in Victoria two doctors are required to assess and confirm a person’s eligibility to access VAD. One of them must be a specialist in the relevant disease – another major barrier, especially in rural and regional areas. VAD assessments cannot be accessed via telehealth, meaning terminally ill patients may have to travel hundreds of kilometres to see a specialist who is willing and able to perform the assessment. Even in a city the size of Geelong they have to rely on several infrequently visiting specialists. With the sole mandated review of Victoria’s VAD legislation occurring next year, it is critical that the government explores the need for the act itself to be amended, at the very least to ensure equity of access for all Victorians.