Voluntary Assisted Dying Bill
aka: (Euthanasia Bill) (Death Bill) (Legal Murder Bill)
The criminal law prohibits physician-assisted suicide
A doctor who complies with a patient’s request in this way is exposed to criminal liability. The relevant offence is assisting suicide.
Although the criminal law in Australia no longer proscribes suicide or attempted suicide, assisting suicide is a crime in all Australian jurisdictions. In New South Wales, the Australian Capital Territory, Victoria and South Australia, it is an offence for a person to ‘incite, counsel, aid or abet’ another person to commit suicide or attempt to commit suicide.(48) In Queensland, Western Australia and the Northern Territory, it is an offence to ‘procure’ or ‘counsel’ another person to kill himself or ‘aid’ another in killing himself.(49) In Tasmania, it is an offence to ‘instigate or aid another to kill himself’.(50) The penalties for assisted suicide vary between jurisdictions. see aph.gov.au
The law is not enforced against doctors
Prosecutions for assisting suicide are rare in Australia. The few cases that have come before the courts have tended to involve provision of assistance by family members or friends of the victim, where the accused has been motivated by compassionate motives. These cases are sometimes referred to as involving ‘mercy-assisted suicide’.(51) The law clearly states that a person who has assisted another’s suicide cannot escape liability by virtue of compassionate motive or other extenuating circumstances. The Australian criminal justice system nonetheless treats an accused person who was motivated by compassion with relative leniency, even where that person has clearly violated the criminal law. In particular, Australian judges have imposed very lenient sentences on people convicted of assisting suicide in this context.(52)
There have been no prosecutions of doctors in Australia for assisting the suicide of their patients. Should such a case arise, however, it is likely that a court would display the same leniency it has shown in other ‘mercy-assisted suicide’ cases if the doctor’s motive was compassionate. see aph.gov.au
The criminal law prohibits active voluntary euthanasia
A doctor who complies with a patient’s request in this way is exposed to criminal liability. The relevant offence is murder. In all Australian jurisdictions, murder is committed if a person dies as the result of an act deliberately undertaken to bring about that death.(53)
Life imprisonment remains the mandatory sentence for a murder conviction in the Northern Territory, Queensland, South Australia, Tasmania and Western Australia. The sentence for murder is now discretionary, with a maximum sentence of life imprisonment, in New South Wales, the Australian Capital Territory and Victoria.(54) see aph.gov.au
Physician-assisted suicide is now permitted in the Northern Territory
Physician-assisted suicide, however, is legal in some circumstances in the Northern Territory due to the enactment of the Rights of the Terminally Ill Act 1995 (NT). The Northern Territory legislation is discussed further below.
Situation Three – The patient wants to die and asks the doctor for assistance; the doctor assists by performing the lethal act (eg by administering a lethal injection).
Situation Three is sometimes described as ‘physician-aid-in-dying’. It is more frequently described as ‘active voluntary euthanasia’, however, and shall be referred to as such in this paper. see aph.gov.au
THE GANG OF SEVEN The Ministerial Advisory Panel:1)https://www2.health.vic.gov.au/about/health-strategies/voluntary-assisted-dying-bill appointed to develop a safe and compassionate framework for voluntary assisted dying in Victoria. Chaired by Professor Brian Owler, the Panel is made up of clinical, legal, consumer, health administrator and palliative care experts.
|Professor Brian K Owler|
|Professor Margaret O’Connor AM|
|Ms Mary Draper|
|Mr Julian Gardner AM|
|Dr Roger Hunt|
|Emeritus Professor Ian Maddocks AM|
|Ms Tricia Malowney|
ALL ROADS LEAD BACK TO OUR PRIME MINISTERS DESK!
The Commonwealth Parliament has the power to override the Rights of the Terminally Ill Act 1995 (NT)
Regardless of the final outcome of the challenge to the validity of the Northern Territory legislation, it is possible that the Commonwealth Parliament will enact its own legislation to override the Rights of the Terminally Ill Act 1995 (NT).
The Commonwealth Parliament has the power to do so under section 122 of the Australian Constitution. That power is a plenary power which enables the Commonwealth Parliament to pass legislation to override any Northern Territory law.
In Wake and Gondarra v. Northern Territory and Asche, Martin CJ and Mildren J referred to this power and made the following comment:
To the extent that there is any force in the argument that the Territory Parliament or Territory Ministers are somehow not to be trusted with the full extent of legislative or executive power which the wording of section 6 or reg 4 would plainly permit, either because of the novelty of the proposed new law or because they, as in this case, provide a limited power to do that which no other legislature in the world has so far found fit to permit, or because it abrogates some fundamental human right, the existence of the powers retained by the Commonwealth suggest that these are matters which are to be determined by political and not legal resolution. The same may be said in respect of laws which adversely affect Australia’s image as a nation or the interests of Australians resident in the States which the Commonwealth feels an obligation to protect.(123)
Mr Kevin Andrews MP (Liberal Party, Victoria) has indicated his intention to introduce a Private Member’s Bill into the Commonwealth Parliament to override the Northern Territory legislation. He has also indicated that such a Bill might have retrospective effect. see aph.gov.au
Σ ASSISTED DYING = MURDER
THE VICTORIAN GOVERNMENT
VICTORIAN GOVERNMENTS PARLIAMENTARY HANSARD RECORDS
Hansard: 3 NOV 2017 see pages 1-21 & 30-47 for The Voluntary Assisted Dying Bill
RELATED VICTORIAN GOVERNMENTS: Hansard
Click for Victorian Legislative Council 2 November 2017 see pages 7-25, 35-75 & 108-134 for The Voluntary Assisted Dying Bill
Click for Second Reading Speech in the Victorian Legislative Council 31 October 2017 by Gavin Jennings MP
Click for Statement of Compatability in the Victorian Legislative Council 31 October 2017 by Ms Jenny Mikakos, MP
Click for Victorian Legislative Assembly 19 October 2017 see pages 3293-3300 & 3309-3468 for The Voluntary Assisted Dying Bill
Click for Victorian Legislative Assembly 18 October 2017 see pages 3164-3166, 3178-3188 & 3209-3267 for The Voluntary Assisted Dying Bill
Click for Victorian Legislative Assembly 17 October 2017 see pages 3050-3136 for The Voluntary Assisted Dying Bill
Click for Hansard of Jill Hennessy’s Speech on 21 September 2017 Hansard Victorian Assembly VAD Hennessy 21 September 2017
Hansard for Victorian Legislative Council Committee Stage from 14 to 22 November 2017 will be added when available.
……..“DEATH BILL” FORMER Prime Minister Tony Abbott
FORMER Prime Minister Tony Abbott has expressed his disappointment at a controversial “death Bill”2)http://www.news.com.au/national/victoria/courts-law/victorias-assisted-dying-bill-passes-key-upper-house-vote/news-story/100607256f8c13e33841830a339a7350 that has passed in Victoria.
FORMER Prime Minister Tony Abbott has expressed his “shock” over the news that the state of Victoria is set to become the first Australian state to legalise voluntary euthanasia after a historic vote in parliament.
The law will make it legal for doctors to assist in the death of the terminally ill.
In what is no doubt a controversial decision, the bill passed Victoria’s Upper House with 22 votes to 18.
But speaking to 2GB’s Ben Fordham this afternoon, Mr Abbott, who was speaking by his father’s bedside in a NSW hospital after a “serious stroke” on Monday morning, said “people who are gravely ill should have their pain relieved, not their lives ended”.
“I very much regret the fact the same-sex marriage debate has very much distracted us from this bid to legalise a doctor assisted dying.
“People’s lives have to be respected and this idea that we should end the lives of people who have failed our test of usefulness or have failed our test of what constitutes a decent quality of life is absolutely dead wrong and I hope that a future Victorian Parliament might reverse this.
“Doctors should be healers, they should never be required to be killers.” 3)Date-stamped: 2017, November, 2017. – Time-stamped: 8:21 am – By: Matt Young – Article Title: Victoria’s assisted dying Bill passes key upper house vote – Article Link: news.com.au
Australia’s Slippery Slope:
a: Voluntary Assisted Dying
b: Involuntary Assisted Dying
c: Mandated Statutory Dying
References [ + ]
|3.||↑||Date-stamped: 2017, November, 2017. – Time-stamped: 8:21 am – By: Matt Young – Article Title: Victoria’s assisted dying Bill passes key upper house vote – Article Link: news.com.au|