Removing the gag clause and introducing a new ‘administering practitioner’ role are among the 13 amendments introduced into the Victorian parliament this week.
In addition to embedding more compassion and fairness in the system, the purpose of the Voluntary Assisted Dying Amendment Bill 2025 introduced to Victorian parliament this week is to remove access barriers, improve clarity for practitioners and strengthen safety measures, the government says.
The key changes are:
- removing the “gag clause” so that registered health practitioners are allowed to raise VAD with their patients during discussion about end-of-life options;
- requiring registered health practitioners who conscientiously object to provide minimum information;
- extending the prognosis requirement (life expectancy limit for eligibility) from six months to 12 months;
- for people with neurodegenerative diseases (like motor neurone disease), they’ll no longer need a third prognosis if their expected lifespan is between six and 12 months; and,
- introducing a new administering practitioner role to expand the workforce able to support VAD.
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The RACGP welcomed the proposed amendments.
“These changes are a sensible step forward for voluntary assisted dying in Victoria,” said RACGP Victoria chair Dr Anita Muñoz.
“We warmly welcome the changes that will allow registered health practitioners to raise voluntary assisted dying during discussion about end-of-life options. The removal of this ‘gag clause’ will have such a meaningful impact, as will extending the life expectancy limit for eligibility from six months to a year.
“Perhaps most significantly of all, we welcome the introduction of a new administering practitioner role to expand the workforce able to support voluntary assisted dying, and the College looks forward to working closely with the government to better understand the finer points of this reform and the role of GPs and practice teams.
“Since the inception of the state’s scheme, too many people living outside of major cities have faced unfair obstacles that limit their capacity to access voluntary assisted dying.
“Patients in excruciating pain who are immobile and only want to end their suffering have had to travel many hours to consult with non-GP specialists such as oncologists.
“By ending that requirement, we can ensure that voluntary assisted drying is accessible for terminally ill people in rural and remote communities across Victoria.
“Voluntary assisted dying is an emotive and, at times, divisive issue, and I’m mindful that there are a range of different views within general practice and the larger community.
“Ultimately, the College does support patient-centred decisions on end-of-life care, and we respect that this may include palliative care and requests for voluntary assisted dying. [This] announcement is welcome news and will ensure that more people can access voluntary assisted dying when they’re terminally ill, particularly those living outside of major cities.”
The changes are a response to the Voluntary assisted dying five-year review that took place between June 2023 and June 2024. The review made five recommendations to continue to improve access to voluntary assisted dying for Victorians, all of which the Allan Labor government accepted:
- Increase the provision of sector guidance and build on approaches to continuous improvement.
- Enhance community awareness of VAD and grief and bereavement supports.
- Support the workforce to ensure VAD is accessible, viable and sustainable.
- Consider enhancements to the statewide service models to meet anticipated future demand.
- Advocate to the Commonwealth Government for greater federal support for VAD.
The amendments don’t change anything about telehealth.
Part of recommendation 5 from the review was to “[e]ngage with the Commonwealth Government on matter related to the Criminal Code related to the use of carriage services for VAD services”.
This was in relation to the current restriction on the use of telehealth for discussions about VAD because of interpretations of provisions in the Criminal Code relating to the use of carriage services to provide information about suicide.
Related
“The restriction on the use of telehealth is a barrier to VAD access,” the review said, with “disproportionate impacts on people seeking to access VAD who live in regional or rural areas, or who have mobility challenges.”
Victoria was the first state to introduce VAD legislation with the Voluntary Assisted Dying Act 2017 and since then 1683 terminally ill Victorians have accessed voluntary assisted dying.
“[S]ince then other jurisdictions have followed suit and, in many cases, improved the service,” the government said in its press release.
“The proposed amendments would bring Victoria’s VAD legislation into line with these other states where they have been operating safely and effectively for several years, and do not go further than those in other jurisdictions.”
State health minister Mary-Anne Thomas said:
“We’ve listened to doctors who have told us they want to have open, honest conversations with patients about all their end-of-life options, so they can make safe and informed decisions.”
Read the full Voluntary Assisted Dying Amendment Bill 2025 here.
