Dying woman urges PM to overturn 'cruel' law to save others suffering

Dying woman's last-minute plea to prime minister to allow telehealth for voluntary assisted dying In short: An Adelaide woman who is preparing to end her life using voluntary assisted dying (VAD) is calling for changes to the criminal code to make it easier for regional residents to access the care. Delegates at the Labor Party's national conference voted to amend federal law to allow telehealth for VAD consultations, but Prime Minister Anthony Albanese is personally opposed. What's next? Independent MP Kate Chaney and Greens Senator Sarah Hanson Young are pushing for changes to allow telehealth for VAD care. As she prepares to die tomorrow using voluntary assisted dying (VAD), Sandra Sarantou has one final request for the prime minister. She is urging the nation's leaders to change a law that is limiting some Australians' access to VAD. Nine weeks ago, the 58-year-old Adelaide woman was diagnosed with the same aggressive lung cancer her father died from. Medication is no longer effective for her nerve pain, nausea and dizziness. Having watched her father endure a long and painful death, before VAD was legal around the country, Ms Sarantou is "grateful" to be ending her life on her terms. But she said she was shocked to learn a provision in the Commonwealth Criminal Code means some Australians are effectively denied access because of where they live. "It's even a struggle just to move from one end from the house to another … for those people to travel hours to possibly see a doctor and not get the chance for VAD is just horrific," she told ABC News. VAD is legal in every Australian jurisdiction except the Northern Territory, which is expected to pass legislation allowing it this month. Other state laws do allow the use of telehealth for some discussions about VAD, particularly where patients are too ill to travel or live remotely. But a provision in the Commonwealth Criminal Code, intended to outlaw the use of "carriage services" to "incite suicide", has been interpreted to apply to doctors advising patients about VAD and has overridden those state provisions. That means doctors cannot use phone, email, internet or video to advise patients about accessing VAD medication. Workforce shortages in rural and remote areas have meant some dying people have been forced to travel long distances to make those appointments. For some that has not been possible and they have missed out. Families of people who wanted to access VAD but died before completing the process say telehealth consultations could have spared them unnecessary suffering. Pressure on the prime minister Federal Independent Kate Chaney will today attempt to bring on debate of her private members bill, which would see the Commonwealth Criminal Code amended. Greens Senator Sarah Hanson Young will introduce a similar bill to the Upper House this month. Without government support, both bills may languish. There is also a push within Labor's rank and file for change. Last month, delegates to Labor's National Conference voted to amend the party's platform, supporting the use of telehealth for end-of-life care. Delegates also enshrined a commitment to give Labor MPs and senators a conscience vote on all VAD issues. Labor sources have said Prime Minister Anthony Albanese remains personally opposed to allowing telehealth for VAD, and his opposition may prove crucial to the fate of any legislative change. He supports voluntary assisted dying but has argued face-to-face consultations are an important way to ensure vulnerable patients are not taken advantage of. Attorney-General Michelle Rowland has also expressed reservations and raised concerns about the risk of elder abuse if telehealth was allowed. Several Labor MPs have told the ABC they are confident the law will eventually change but that it will require more time and conversations to convince the prime minister. Ms Sarantou, who worked as a paramedic for 13 years and treated patients in rural areas, felt "guilty" she could access VAD while others could not. "Their time is ticking and they have to suffer. It's cruel, it's not fair,"she said. She is pleading with the Albanese government to amend the criminal code. "Please change these laws, make it fair and available for everyone despite where they are living." Doctor: 'It's absolutely an equity issue' Advocacy group, Go Gentle's latest "State of VAD report" suggested there was strong demand for the care outside cities, with 39 per cent of applicants in 2024-25 living in rural, regional and remote areas. General practitioner Scott Lewis has travelled 3,000 kilometres across South Australia in the past fortnight alone to see people seeking voluntary assisted dying. Dr Lewis, who flies his own plane to reach rural patients, said he saw about two new VAD patients a week. He said workforce shortages and the lack of Medicare funding were preventing more rural doctors from offering VAD care. "[Rural and remote] doctors are so busy as it is, that they simply haven't had the time or thought to extend their practice into voluntary assisted dying,"he said. "I don't make much money from it, to be blunt." He told ABC News he had experienced "a sense of failure" knowing patients have missed out on VAD due to their isolation. "To see the hurt in family members who've had to see their loved ones suffer and … come so close to being approved for voluntary assisted dying but not quite get there … it's hard at times." A tricky issue Sydney University Law Health expert Dr Christopher Rudge said he believed telehealth could be allowed without weakening overall protections. "Across the country the states have very rigorous and documented process for permitting someone to undergo a VAD procedure, and all of those would apply whether it's by telehealth or any other circumstance," he said. "My understanding is that the telehealth communications would occur at an early stage of the process but that at some stage, the witnessing and some other processes, would presumably need to occur in an environment where doctors are present." Generally, under state laws, people applying for VAD must have been diagnosed with a terminal illness and facing death within a year. They must attend face-to-face medical appointments so that two independent, trained practitioners can assess whether they are eligible, acting voluntarily and capable of making their own decisions. The patient must provide a written request for VAD, which has to be witnessed by independent adults — not family members. A co-ordinating practitioner makes a final declaration and a state board — or oversight body — provides final approval. Dr Rudge said he was "sympathetic" with concerns that telehealth could replace face-to-face consults, but did not think that would be a consequence of changes to the Commonwealth Criminal Code. "In circumstances where informed consent is not clear, the in-person consultation is the best place for those questions to be answered. And so, I can understand why people could be concerned," he said. Laughter and legacy For Sandra Sarantou, the hardest part of preparing for VAD is knowing that she has to say goodbye to her son. But, she said they had been "completely open" about the VAD process and had found comfort in black humour. "We had the idea to put my ashes into a big party cracker … and then everybody has got a bit of my ashes," Ms Sarantou laughed. "But it is hard. It is emotional at times. But we just try to make the best out of it."