Do VAD assessments have to be face-to-face?
VAD assessment must happen face to face because Commonwealth communication laws limit remote VAD discussions.
Yes. VAD assessments and requests may need to happen face to face for legal reasons. The law that causes problems for VAD talks over telehealth is the Commonwealth Criminal Code Act 1995 - Section 474.29A says it can be a crime to use a phone, video call, email, or the internet to give information that encourages suicide or explains how to carry it out.
In 2023, a Federal Court case called Carr v Attorney-General said that, for this law, voluntary assisted dying can count as suicide. This means doctors and other health workers may face legal risk if they discuss some parts of VAD with a patient by phone or video call, even when VAD is legal under state law. Because of this, some VAD discussions and assessments may need to happen in person. All VAD assessments by clinicians must be in person, or the clinicians involved could face criminal charges.
Ask the official VAD care navigator before assuming telehealth is allowed.
General information: This page gives general information for people in Australia. VAD telehealth rules are legally sensitive and can change. Confirm current rules with the VAD service in your state or territory.
Why face-to-face assessment may be needed
Doctors must assess eligibility, capacity, voluntariness and whether the person understands the choice. In some cases, seeing the person directly helps assess communication, coercion, distress or confusion.
The law may also restrict how VAD is discussed or assessed using a carriage service, such as phone or video.
Some support may still happen remotely
General information, appointment planning, family support and some non-prohibited care may be possible by phone or video. The navigator can explain what is allowed.
You may also want to read
- Can VAD assessments be done by telehealth?
- How does VAD work if I live in regional or rural Australia?
- What happens if I am too unwell to travel for a VAD assessment?