If passed following parliamentary debate in September,Queenslanders would be able to access euthanasia from January 2023.
But theQueensland Law Reform Commission has identified significant concerns about whether providing information and advice about voluntary assisted dying over the phone or via email would be an offence under federal laws.
The Commonwealth criminal code makes it an offence to use a carriage service,such as a phone,videoconference,email or other form of electronic communication to publish or distribute material that counsels or incites committing or attempting to commit suicide.
People suffering and dying in regional,rural and remote areas of Queensland would have trouble accessing voluntary euthanasia if they could not use those forms of communication to access information and advice.
“Given Queensland’s geography,it will be difficult for any voluntary assisted dying scheme to ensure equity of access for people in rural and remote areas while the Commonwealth criminal code provisions remain in place,” Ms Palaszczuk said.
“Because Commonwealth laws take precedence,under section 109 of the Constitution,the only way to definitively resolve this issue is for the Commonwealth to amend the Commonwealth criminal code to expressly exclude participation in state government voluntary assisted dying schemes.”
Ms Palaszczuk has written to Scott Morrison asking for the federal government to urgently amend the Commonwealth criminal code to expressly exclude participation in state government VAD schemes.