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1. What was proposed (co-sponsored)Rachel Stephen-SmithLabor · MinisterTara CheyneLabor · Minister
   Read the original wording (530 words)

   That this Assembly: (1) recognises that: (a) the Federal Parliament restored the Territories’ ability to legislate for voluntary assisted dying (VAD) in 2022, enabling the ACT to enact its own framework; (b) the ACT Legislative Assembly passed the Voluntary Assisted Dying Act 2024, and the ACT’s safe, compassionate and highly regulated VAD scheme commenced on 3 November 2025; and (c) VAD is now lawful in all Australian sub-national jurisdictions except the Northern Territory; (2) recognises telehealth and other electronic communications are integral to contemporary health care and critical to equitable access; (3) notes with concern that: (a) sections 474.29A and 474.29B of the Criminal Code Act 1995 (Cwlth) create offences relating to the use of a “carriage service” for suicide-related material; (b) in Carr v Attorney-General (Cth) [2023] FCA 1500, the Federal Court found these offences capture communications about VAD conducted under state and territory law; (c) as a result, health professionals and patients engaging in otherwise lawful VAD care risk criminal liability if they use telehealth, email or telephone to discuss aspects of VAD; and (d) this causes harmful delays and unnecessary travel, particularly for people who are frail, house-bound, or living in regional and remote communities; (4) notes leading health, legal and consumer organisations, including the Australian Medical Association, have called for urgent legislative reform so that otherwise lawful VAD communications are not captured by these offences; (5) affirms that, regardless of one’s views on VAD, patients and practitioners acting within ACT law should be able to use telehealth and other electronic communications to deliver lawful, safe and compassionate care; (6) draws the Federal Parliament’s attention to: (a) the Australian Charter of Healthcare Rights, including the right to healthcare services and treatment that meet a person’s needs; and (b) Australia’s international obligations requiring health services to be accessible to everyone, without discrimination; (7) further notes: (a) prior parliamentary efforts to address this issue, including a 2024 private member’s bill proposing an express exception for lawful VAD communications under the Criminal Code Act 1995 (Cwlth) and regrets that it did not proceed; (b) the ACT Government has consistently maintained in Health Ministers’ meetings and the Standing Council of Attorneys-General (SCAG) that this issue must be addressed as a priority; and (c) despite repeated calls on successive federal governments, including at the SCAG meeting of 27 February 2026, no progress has been made; (8) calls on the Federal Parliament to: (a) resolve that no Australian should be disadvantaged in accessing lawful end- of-life care because of where they live or their capacity to travel; and (b) urgently introduce and debate a bill to amend the Criminal Code Act 1995 (Cwlth) so that acts or omissions carried out in good faith in accordance with a state or territory VAD law are not offences under subdivision G of division 474; and (9) invites the leaders of ACT Labor, the ACT Greens, the Canberra Liberals, Ms Carrick, Mr Emerson and any interested Member to sign a letter to all federal parliamentarians, attaching this motion, by 26 March 2026. Debate ensued. Debate adjourned (Ms Tough) and the resumption of the debate made an order of the day for a later hour this day.

2. What the Assembly decidedAgreed

   Decided on the voices: no individual votes were recorded, so this doesn’t show that every MLA agreed.