An experienced Victorian doctor fined $12,000 over an administrative error on a voluntary assisted dying form says the penalty shows the laws are working properly.
Nick Carr met with his patient and two witnesses on February 6, 2020, where he explained the assisted dying process and went through the required paperwork.
While most of the forms were completed correctly, the patient did not sign and date one of the pages.
Dr Carr submitted the application to the Voluntary Assisted Dying Review Board on February 8 but it noticed the missing signature and requested the patient correctly complete the form.
The patient returned alone to Dr Carr's practice on February 11 where they signed the form and dated it February 6.
The application was ultimately successfully processed and completed, with the patient taking a prescribed drug to end their life on April 1.
The board reviewed the case the next month, finding the form was not completed in line with the voluntary assisted dying act because the two witnesses were not present for the patient's signature.
There's no suggestion the patient was ineligible to participate in voluntary assisted dying and Dr Carr accepted full responsibility.
The matter was referred to the Medical Board of Australia, which found he engaged in professional misconduct.
He was this week fined $12,000 by the Victorian Civil and Administrative Tribunal but without suspension or restriction to his medical licence.
Dr Carr said he erred in good faith but it was clear the board viewed it as a significant breach.
"For three years, it was pursued to make sure the voluntary assisted dying legislation is properly administered," he told AAP.
"So hats off to them for being quite so vigilant."
Dr Carr does not believe the laws are too strict, saying the community should instead be reassured the review board was closely monitoring and scrutinising the application.
"It actually works really well," he said.
"The relief of suffering it has produced has been absolutely immeasurable for the small number of people who have used it."
Dr Carr, a board member of Dying With Dignity Victoria, would like to see the legislation expanded.
That would include removing a gag clause stopping doctors telling eligible patients voluntary assisted dying is an option for them.
Allowing the necessary appointments to be held over telehealth would also improve access for people in regional and rural communities, Dr Carr said.
"It's only something which applies to a very small number of people but to those people, it's a very, very important change in our legislation that provides immense relief," he said.
The Victorian government has previously said it would not pursue changes to the current legislation.
The review board has been approached for comment but the VCAT judgment noted it was important the public was protected and ethical and professional standards maintained.
Victoria became the first state to legalise euthanasia in 2019.
Western Australia, Queensland, NSW, Tasmania and South Australia have since decided to allow it.
As of June 30, 2022, 1035 permits had been issued and 604 holders died under Victoria's laws.
