Advocates for voluntary assisted dying (VAD) have expressed disappointment after Victoria's five-year review of its euthanasia laws ruled out considering changes to the so-called 'gag clause' that prevents doctors from initiating conversations about the option with terminally ill patients. The review, which opened for public submissions, will focus on how the laws operate rather than changes to the legal framework.
Jane Morris, president of Dying with Dignity, said the review would not address main concerns raised with her organisation, including the gag clause and the requirement for patients to have a prognosis of death within six months or one year for neurodegenerative diseases. 'A lot of people were hoping this review would bring about change [but] we're not very hopeful at all that we're going to achieve much at all,' she said.
Under Victoria's laws, it is illegal for a doctor to start a conversation about VAD with a patient, a safeguard designed to prevent coercion. However, in Western Australia, Tasmania, Queensland and New South Wales, medical practitioners can raise the topic but must also discuss treatment and palliative care options simultaneously. Morris argued that some safeguards have become barriers to accessing VAD.
Melbourne doctor Nick Carr, who has assisted 60 people legally end their lives, said the gag clause prevents people from marginalised backgrounds from accessing VAD. 'It's not actually a safeguard, it's a restriction that is preventing us telling people what is a medically available option,' he said. Carr recently lost a legal challenge against the commonwealth over its law banning discussions about suicide via phone, email, or telehealth.
A Victorian government spokesperson said the review is not an assessment of the VAD legislation itself but will consider how the laws have been implemented and whether improvements can be made. The review is due to be tabled in parliament later this year.
