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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Consent to Medical Treatment and Palliative Care (End of
Life Arrangements) Amendment Bill 2010
A BILL FOR
An Act to amend the Consent
to Medical Treatment and Palliative Care Act 1995.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Consent to Medical
Treatment and Palliative Care Act 1995
4Amendment of long
title
5Amendment of section 1—Short
title
1Short
title
6Amendment of section 3—Objects
7Insertion of Part 2 Division A1
Division A1—Application of
Part
5AApplication of
Part
8Amendment of section
14—Register
9Repeal of section 18
10Substitution of
Part 4
Part 4—End of life
arrangements
Division 1—Preliminary
18Interpretation
19Object and
principles
20Approval of
interpreters
Division 2—End of life arrangements
other than voluntary euthanasia
21Refusal of future medical
treatment so as to bring about death
22False or misleading
statements
Division 3—Voluntary
euthanasia
Subdivision 1—Administration
23Establishment of
Board
24Composition of
Board
25Terms and conditions of
membership
26Presiding member
27Functions of Board
28Board's procedures
29Conflict of interest
etc
30Other staff of
Board
31Annual
report
Subdivision 2—Register
32Registrar of
Board
33Register
34Registrar may require
information
Subdivision 3—Voluntary
euthanasia
35Active
requests
36Advance
requests
37Request
form etc to be forwarded to Registrar
38Variation of
requests
39Interaction between
requests
40Revocation of
requests
Subdivision 4—Board
declarations and orders
41Board declarations and
orders
42Powers of
Board in relation to witnesses etc
43Access to Board records
Subdivision 5—Appeal
44Right of appeal to Supreme
Court
Subdivision 6—Administration of
voluntary euthanasia
45Administration of voluntary
euthanasia
46Report to State
Coroner
Subdivision 7—Offences
47Undue influence
etc
48False or misleading
statements
49Limitation of fees
Division 4—Miscellaneous
50Certain persons to forfeit interest in
estate
51Protection
from liability
52Imputation of conduct or
state of mind of officer etc
53Liability of
directors
54Cause of
death
55Insurance
56Person may decline to administer or assist the
administration of voluntary euthanasia
57Victimisation
58Review of Part by Minister
Part
5—Miscellaneous
59Confidentiality
60Service
61Regulations
Schedule 1—Active
request form
1Form of active
request
2Schedule may
be amended by regulations
Schedule 2—Advance
request form
1Form of
advance request
2Schedule may be amended by
regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Consent to Medical Treatment and Palliative
Care (End of Life Arrangements) Amendment Act 2010.
This Act will come into operation—
(a) on a day to be fixed by proclamation; or
(b) 6 months after the day on which it is assented to by the
Governor,
whichever is the sooner.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Consent to Medical Treatment and Palliative
Care Act 1995
Long title—after "dying;" insert:
to regulate the administration of voluntary euthanasia;
5—Amendment
of section 1—Short title
Section 1—delete the section and substitute:
1—Short title
This Act may be cited as the Medical Treatment
Act 1995.
6—Amendment
of section 3—Objects
Section 3—after paragraph (c) insert:
and
(d) to allow certain adult persons—
(a) who are in the terminal phase of a terminal illness; or
(b) who have an illness, injury or other medical condition (other than a
mental illness within the meaning of the Mental
Health Act 2009) that—
(i) results in permanent deprivation of consciousness; or
(ii) irreversibly impairs the person's quality of life so that life has
become intolerable to that person,
to end their suffering by means of voluntary euthanasia administered in
accordance with this Act.
7—Insertion
of Part 2 Division A1
Part 2—before Division 1 insert:
Division A1—Application of
Part
5A—Application of Part
(1) This Part does not apply to, or in relation to, medical treatment
consisting of the administration of voluntary euthanasia to a person.
(2) This Part does not authorise the administration of medical treatment
for the purpose of causing the death of the person to whom the treatment is
administered (whether such treatment consists of the administration of voluntary
euthanasia to the person or otherwise).
(3) This Part does not authorise a person to assist the suicide of
another.
(4) In this section—
voluntary euthanasia has the same meaning as in
Part 4.
8—Amendment
of section 14—Register
Section 14(1)(a)—delete "section 7" and substitute:
section 7 or 21
Section 18—delete the section
Delete Part 4 and substitute:
Part 4—End of life
arrangements
Division 1—Preliminary
18—Interpretation
(1) In this Part—
active request—see
section 35;
active request form—see
section 35(3)(e)(i);
adult means a person of or over 18 years of
age;
advance request—
section 36;
advance request form—see
section 36(2)(e)(i);
approved interpreter, in relation to a language,
means—
(a) a person accredited as a translator or interpreter (or both) in that
language by the National Accreditation Authority for Translators and
Interpreters Ltd; or
(b) a person approved by the Minister as an interpreter in that language
under
section 20;
Board means the Voluntary Euthanasia Board of South Australia
established under
Division 3
Subdivision 1;
prescribed witness, in relation to a request for voluntary
euthanasia, means an adult person of sound mind but does not include the
following persons:
(a) a medical practitioner to whom the request is, or is to be,
made;
(b) a person who is a direct beneficiary of, or who otherwise has a direct
interest in, the estate of the person the subject of the request;
(c) a person who is the owner or operator (however described) of a
hospital, hospice, nursing home or other institution for the care of the sick or
infirm in which the person the subject of the request resides at the time the
request is made, or an employee or agent of such a facility;
(d) any other person excluded from the ambit of this definition by the
regulations;
psychiatrist means a medical practitioner registered under
the law of this State as a specialist in psychiatry;
Register means the Register required to be kept under
section 33;
Registrar means the Registrar appointed under
section 32;
request for voluntary euthanasia means an active request or
advance request;
request practitioner, in relation to a particular person's
request for voluntary euthanasia, means the medical practitioner to whom the
request is to be made and who has agreed to accept the request;
specialist practitioner—see
section 35(3)(c)(ii);
treating practitioner of a person means—
(a) in relation to a person who is in the terminal stage of a terminal
illness—a medical practitioner who is currently treating the person for
the terminal illness of which the person is in the terminal phase; and
(b) in relation to a person who is suffering from an illness, injury or
other medical condition referred to in
section 35(1)(b)
or
36(1)—a medical
practitioner who is currently treating the person for the illness, injury or
condition; and
(c) in any case—a medical practitioner currently responsible
(whether solely or otherwise) for the primary care of the person;
voluntary euthanasia means the administration of medical
treatment, in accordance with this Part, to bring about the death of a person
who has made a request for voluntary euthanasia.
(2) For the purposes of this Part, a reference to administering voluntary
euthanasia includes a reference to self-administration of voluntary euthanasia,
and assisting a person to self-administer voluntary euthanasia.
(3) For the purposes of this Part, a reference to a medical practitioner
does not include a reference to—
(a) a dentist; or
(b) a medical practitioner of a class prescribed by the regulations for
the purpose of this subsection.
(4) For the purposes of the Health
Practitioner Regulation National Law (South Australia) Act 2010 and
the Health Practitioner Regulation National Law, a failure by a medical
practitioner to comply with this Part will be taken to constitute proper cause
for disciplinary action against the medical practitioner.
19—Object and principles
(1) The object of this Part is to reform the law—
(a) to allow adult persons of sound mind to make decisions about the
refusal of medical treatment (including life sustaining measures) where such
refusal would be likely to cause the person's death;
(b) to allow adult persons of sound mind to formally request that their
life be ended at the time of their choosing, by the administration of voluntary
euthanasia should the person satisfy the requirements under this Part;
(c) to allow adult persons of sound mind to formally request that
voluntary euthanasia be administered at some future time should the person
satisfy the requirements under this Part;
(d) to provide that—
(i) the refusal of medical treatment in accordance with this Part;
or
(ii) participation in, or in relation to, the making of a request for, and
the administration of, voluntary euthanasia,
does not amount to a criminal offence or, of itself, cause a person to
suffer any other discrimination or liability.
(2) The following principles must be taken into account in relation to the
operation of this Part:
(a) subject to this or any other Act or law, every person has the right to
choose how he or she should live his or her life;
(b) in accordance with his or her right to autonomy or self-determination,
an adult person of sound mind is entitled—
(i) to make lawful arrangements in respect of the end of his or her life;
and
(ii) to bring about the end of his or her life should life become
intolerable for the person;
(c) medical practitioners and other persons should be able to provide
assistance to persons wanting to make and implement lawful arrangements in
respect of the end of their life without exposing themselves to civil or
criminal liability or other detriment;
(d) the arrangements that a person may make under this Act in respect of
bringing his or her life to an end are, and should be able to be implemented as,
a medical issue.
20—Approval of interpreters
(1) The Minister may, by notice in writing, approve a person as an
interpreter in a particular language for the purposes of this Part.
(2) The following provisions apply in relation to an approval of a person
under this section:
(a) the approval only applies in relation to a request for voluntary
euthanasia made by a person specified in the approval;
(b) the approval may only be granted if an interpreter of a kind referred
to in paragraph (a) of the definition of approved interpreter is
not reasonably available in relation to the specified person's request for
voluntary euthanasia;
(c) the Minister must, as soon as is reasonably practicable, notify the
Board of an approval;
(d) an approval may be made subject to any conditions specified in the
approval;
(e) the approval, or a condition of the approval, may be varied or revoked
at any time by the Minister by further notice in writing.
(3) A person who contravenes a condition of an approval under this section
is guilty of an offence.
Maximum penalty: $5 000.
Division 2—End of life arrangements other than
voluntary euthanasia
21—Refusal of future medical treatment so as to
bring about death
(1) An adult person of sound mind may give a direction under this section
that—
(a) he or she refuses to consent to specified medical treatment (including
life sustaining measures); and
(b) that he or she be allowed to die,
should he or she be incapable of making decisions about medical treatment
when the question of administering the treatment arises.
(2) A direction under this section—
(a) must be in the form prescribed by regulation; and
(b) must be witnessed by an authorised witness who completes a certificate
in the form prescribed by regulation,
(however a direction under this section may be combined with a direction
under section 7).
(3) If—
(a) a person by whom a direction has been given under this section is
incapable of making decisions about his or her medical treatment; and
(b) there is no reason to suppose that the person has revoked, or intended
to revoke, the direction,
the person is to be taken to have refused any medical treatment that is
contrary to the wishes expressed in the direction.
22—False or misleading
statements
A person who makes a false or misleading statement in, or in relation to, a
direction under
section 21 is guilty of
an offence.
Maximum penalty:
(a) in the case where a person has died as a consequence of the
statement—imprisonment for 20 years; or
(b) in any other case—imprisonment for 10 years.
Division 3—Voluntary
euthanasia
Subdivision 1—Administration
23—Establishment of Board
(1) The Voluntary Euthanasia Board of South Australia is
established.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its corporate name;
and
(d) has all the powers of a natural person that are capable of being
exercised by a body corporate; and
(e) has the functions and powers assigned or conferred under this
Act.
(3) If a document appears to bear the common seal of the Board, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
Board was duly affixed to the document.
24—Composition of Board
(1) The Board
consists of 7 members appointed by the Governor of whom—
(a) at least 3 must
be medical practitioners; and
(b) at least 2 must
be legal practitioners of at least 7 years standing; and
(c) 2 must be persons nominated by the Minister.
(2) At least 1 member of the Board must be a woman and at least 1 must be
a man.
(3) The Governor may appoint a person to be a deputy of a member and a
person so appointed may act as a member of the Board in the absence of the
member.
(4) The requirements of qualification and nomination (if applicable) made
by this section in relation to the appointment of a member extend to the
appointment of a deputy of that member.
(5) An act or proceeding of the Board is not invalid by reason only of a
defect in the appointment of a member.
25—Terms and conditions of
membership
(1) A member of the Board will be appointed on conditions determined by
the Governor and for a term, not exceeding 3 years, specified in the
instrument of appointment and, at the expiration of a term of appointment, is
eligible for reappointment.
(2) However, a member
of the Board may not hold office for consecutive terms that exceed 9 years
in total.
(3) A member of the Board is entitled to remuneration, allowances and
expenses determined by the Governor.
(4) The Governor may
remove a member of the Board from office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(5) The office of a member of the Board becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Board; or
(e) is removed from office under
subsection (4).
(6) If a member of the Board's term of office expires, or the member
resigns, before a matter currently before the Board is completed, the member
may, for the purpose of continuing and completing that matter, continue to act
as a member of the Board.
26—Presiding member
The Minister must appoint a member of the Board to preside at meetings of
the Board (the presiding member).
27—Functions of Board
The functions of the Board are as follows:
(a) to provide advice to the Minister as the Board considers
appropriate;
(b) to carry out other functions assigned to the Board under this Act or
by the Minister.
Note—
It is not a function of the Board to approve or otherwise authorise each
request for voluntary euthanasia.
28—Board's procedures
(1) Subject to this Act, 4 members (of whom 1 must be a medical
practitioner and 1 must be a legal practitioner) constitute a quorum of the
Board.
(2) A meeting of the Board will be chaired by the presiding member or, in
his or her absence, the members present at a meeting of the Board must
choose 1 of their number to preside at the meeting.
(3) A decision carried by a majority of the votes cast by members of the
Board at a meeting is a decision of the Board.
(4) The Board must have accurate minutes kept of its meetings.
(5) Subject to this Act, the Board may determine its own
procedures.
29—Conflict of interest etc
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public
Sector (Honesty and Accountability) Act 1995 by reason only of the
fact that the member has an interest in the matter that is shared in common with
persons in the medical or legal professions generally, or a substantial section
of persons in the medical or legal professions.
30—Other staff of Board
(1) There will be such other staff of the Board as the Board thinks
necessary for the proper performance of its functions.
(2) A member of the staff of the Board is not, as such, an employee of the
Public Service, but the Board may employ a person who is on leave from
employment in the Public Service or with an instrumentality or agency of the
Crown.
(3) The Board may, under an arrangement established by a Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
31—Annual report
(1) The Board must, on or before 30 September in each year, deliver
to the Minister a report on the work of the Board during the financial year
ending on the preceding 30 June.
(2) The report must include the information required by the
regulations.
(3) The Minister must, within 12 sitting days after receiving a report
under this section, have copies of the report laid before both Houses of
Parliament.
Subdivision 2—Register
32—Registrar of Board
(1) There will be a Registrar of the Board.
(2) The Registrar will be appointed by the Board on terms and conditions
determined by the Board.
33—Register
(1) The Registrar must keep a register in relation to requests for
voluntary euthanasia made in accordance with this Act (the
Register).
(2) The Register
must, in relation to each request for voluntary euthanasia, contain the
information required by the regulations and may contain any other information
the Registrar thinks fit.
(3) In addition to the information required under
subsection (2),
the Registrar must keep, in relation to each entry in the Register, the
following:
(a) the active request form or advance request form (as the case requires)
relating to the entry;
(b) any other document required under this Part to accompany the relevant
active request form or advance request form;
(c) information relating to any order made by the Board under
section 41(7) in
respect of the request to which the entry relates;
(d) any other document provided to the Registrar in relation to the
entry;
(e) any other document required by the regulations.
(4) If the Registrar is advised under this Part, or otherwise becomes
aware, of a revocation or purported revocation of a request for voluntary
euthanasia, the Registrar must, as a matter of urgency, inquire into the
revocation or purported revocation.
(5) If, after due inquiry, the Registrar suspects that a request for
voluntary euthanasia has been revoked, the Registrar must remove the relevant
entry from the Register.
(6) The Register must
be kept available for inspection by a person who, in the opinion of the
Registrar, has proper grounds for inspecting the Register.
(7) The Registrar must impose conditions in relation to inspection of the
Register protecting the privacy of persons other than the person forming the
subject of the relevant inspection, and may impose any other condition the
Registrar thinks fit in relation to such inspection.
(8) A certificate stating that a request for voluntary euthanasia was, or
was not, registered on the Register and purporting to be signed by the Registrar
will, in the absence of proof to the contrary, be accepted in legal proceedings
as proof of the registration, or of the fact that the request was not so
registered.
34—Registrar may require
information
(1) The Registrar
may, by notice in writing, for the purpose of preparing and administering the
Register, require a person to provide the Registrar with such information as the
Registrar may require.
(2) A person must not refuse or fail to comply with a requirement under
subsection (1).
Maximum penalty: $10 000 or imprisonment for 6 months.
(3) If a person is required under this section to provide information to
the Registrar, the Registrar may require that the information be verified by
statutory declaration and, in that event, the person will not be taken to have
provided the information as required unless it has been verified in accordance
with the requirements of the Registrar.
Subdivision 3—Voluntary
euthanasia
35—Active requests
(1) This section
applies to the following persons:
(a) an adult person who is in the terminal phase of a terminal
illness;
(b) an adult person
who is suffering from an illness, injury or other medical condition (other than
a mental illness within the meaning of the Mental
Health Act 2009) that irreversibly impairs the person's quality of
life so that life has become intolerable to that person.
Note—
This section does not apply to a person solely on the grounds of old
age.
(2) A person to whom this section applies may, at any time, make a request
(an active request) for voluntary euthanasia to be
administered.
(3) The following
provisions apply in relation to an active request:
(a) the request must be made by the person who is the subject of the
request;
(b) the person intending to make the request must either—
(i) have had his or her principal place of residence in the State for a
period of not less than 12 months immediately preceding the making of the
request; or
(ii) be the subject of a request for voluntary euthanasia (however
described) that is in force under a law of the Commonwealth, or of another State
or Territory, that regulates the administration of voluntary
euthanasia;
(c) the person
intending to make the request must—
(i) at a
preliminary appointment with the request practitioner, be given the following
information:
(A) a diagnosis and
prognosis of the person's illness, injury or condition;
(B) information
explaining the forms of treatment that are reasonably available to treat the
person's illness, injury or condition, and the risks associated with such
treatment;
(C) information
explaining the extent to which appropriate palliative care may alleviate the
person's suffering;
(D) information setting out the procedures that may be used to administer
voluntary euthanasia;
(E) information explaining the risks associated with those
procedures;
(F) information setting out the effect of
section 40;
(G) any other information required under the regulations; and
(ii) be
independently examined by a medical practitioner registered under a law of this
State as a specialist in respect of the kind of illness, injury or other medical
condition that the person intending to make the request has (the
specialist practitioner) and obtain a report from the specialist
setting out—
(A) the information specified in
paragraph (c)(i)(A),
(B) and
(C); and
(B) whether or not, in the opinion of the specialist
practitioner—
• the person intending to make the request is of sound mind;
or
• the decision-making ability of the person is adversely affected by
the person's state of mind; or
• the person intending to make the request is acting under any form
of duress or inducement (including that due solely to a perception or mistake on
the part of the person); and
(C) any other information required under the regulations;
(d) if either the
request practitioner or the specialist practitioner suspects
that—
(i) the person intending to make the request is not of sound mind;
or
(ii) the decision-making ability of the person is adversely affected by
the person's state of mind; or
(iii) the person intending to make the request is acting under any form of
duress, inducement or undue influence (including that due solely to a perception
or mistake on the part of the person),
then, before making the request, the person must obtain a certificate from
a psychiatrist certifying that, in the psychiatrist's opinion—
(iv) the person is of sound mind; and
(v) the person's state of mind is unlikely to adversely affect the
person's ability to decide to request that voluntary euthanasia be administered;
and
(vi) the person is not acting under any form of duress, inducement or
undue influence (including that due solely to a perception or mistake on the
part of the person);
(i) subject to this
section, must be made in writing in the form prescribed by
Schedule 1 (the active
request form); and
(ii) must be made at a separate appointment with the request practitioner
(being an appointment taking place not less than 24 hours after the
preliminary appointment referred to in
paragraph (c)(i));
and
(iii) must be made in the presence of a prescribed witness (and may be
made in the presence of any other persons); and
(iv) must be accompanied by a copy of the report from the specialist
practitioner under
paragraph (c)(ii);
and
(v) if a certificate from a psychiatrist is required under
paragraph (d)—must
be accompanied by the certificate; and
(vi) if a certificate from an approved interpreter is required under
subsection (5)(c)—must
be accompanied by the certificate;
(f) the request may
include any other condition or instruction that the person who is the subject of
the request wishes to be satisfied or given effect in relation to the
administration of voluntary euthanasia.
(4) In the case of a
person who is unable to write, an active request may be made orally but, if the
request is made orally—
(a) an audio-visual record of the making of the request must be made, and
a certified copy of the record must accompany the active request form;
and
(b) the request practitioner must reduce the request to writing and the
request practitioner and the prescribed witness must each sign the form (and in
such a case the written form will be taken to be the active request
form).
(5) In the case of a
person who is not, in the opinion of the request practitioner, reasonably fluent
in English—
(a) the information required to be given to the person under
subsection (3)(c)
must be given with the assistance of an approved interpreter in relation to a
language in which the person is fluent; and
(b) an active request may be made orally but, if the request is made
orally—
(i) an audio-visual record of the making of the request must be made, and
a certified copy of the record must accompany the active request form;
and
(ii) the request must be made with the assistance of an approved
interpreter in relation to a language in which the person is fluent;
and
(iii) the request practitioner must reduce the request to writing and the
request practitioner, the prescribed witness and the approved interpreter must
each sign the form (and in such a case the written form will be taken to be the
active request form); and
(c) the approved
interpreter must certify that—
(i) the information required to be given to the person under
subsection (3)(c)
was given to, and appeared to be understood by, the person; and
(ii) the information recorded in the active request form accurately
reproduces in English the original information supplied by the person in the
course of making the request.
(6) The request
practitioner and the prescribed witness must, on the making of an active
request, each certify, in accordance with any requirement set out in the
regulations—
(a) in the case of a oral request—that the active request form was
completed in accordance with the wishes of the person who is the subject of the
request; and
(b) in any case—that the person who is the subject of the request
appeared to understand the nature and implications of the request; and
(c) in any case—that he or she, after making reasonable enquiries,
formed the opinion that the person was not acting under any form of duress,
inducement or undue influence (including that due solely to a perception or
mistake on the part of the person).
(7) The validity and legality of a certification of a psychiatrist that a
person is of sound mind, or that the person's state of mind is unlikely to
adversely affect the person's ability to decide to make an active request,
cannot be challenged or questioned in any proceedings seeking to prevent or
delay the administration of voluntary euthanasia to the person (other than
proceedings under this Part).
(8) An active request has effect from the time that the request is entered
on the Register.
Note—
The Board is not required to approve or otherwise authorise an active
request for it to have effect.
(9) An active request remains in force until it is revoked in accordance
with this Act.
36—Advance requests
(1) An adult person
may, at any time, make a request in accordance with this section (an
advance request) for voluntary euthanasia to be administered
should the person suffer a permanent deprivation of consciousness.
(2) The following
provisions apply in relation to an advance request:
(a) the request must be made by the person who is the subject of the
request;
(b) the person intending to make the request must either—
(i) have had his or her principal place of residence in the State for a
period of not less than 12 months immediately preceding the making of the
request; or
(ii) be the subject of a request for voluntary euthanasia (however
described) that is in force under a law of the Commonwealth, or of another State
or Territory, that regulates the administration of voluntary
euthanasia;
(c) the person
intending to make the request must—
(i) at a
preliminary appointment with the request practitioner, be given the following
information:
(A) information setting out the procedures that may be used to administer
voluntary euthanasia;
(B) information explaining the risks associated with those
procedures;
(C) information setting out the effect of
section 40;
(D) any other information required under the regulations; and
(ii) be
independently examined by another medical practitioner and obtain a report from
that medical practitioner setting out—
(A) whether or not, in the opinion of that medical
practitioner—
• the person intending to make the request is of sound mind;
or
• the decision-making ability of the person is adversely affected by
the person's state of mind; or
• the person intending to make the request is acting under any form
of duress or inducement (including that due solely to a perception or mistake on
the part of the person); and
(B) any other information required under the regulations;
(d) if either the
request practitioner or the other medical practitioner suspects
that—
(i) the person intending to make the request is not of sound mind;
or
(ii) the decision-making ability of the person is adversely affected by
the person's state of mind; or
(iii) the person intending to make the request is acting under any form of
duress, inducement or undue influence (including that due solely to a perception
or mistake on the part of the person),
then, before making the request, the person must obtain a certificate from
a psychiatrist certifying that, in the psychiatrist's opinion—
(iv) the person is of sound mind; and
(v) the person's state of mind is unlikely to adversely affect the
person's ability to decide to request that voluntary euthanasia be administered;
and
(vi) the person is not acting under any form of duress, inducement or
undue influence (including that due solely to a perception or mistake on the
part of the person);
(i) subject to this
section, must be made in writing in the form prescribed by
Schedule 2 (the advance
request form); and
(ii) must be made at a separate appointment with the request practitioner
(being an appointment taking place not less than 7 days after the
preliminary appointment referred to in
paragraph (c)(i));
and
(iii) must be made in the presence of a prescribed witness (and may be
made in the presence of any other persons); and
(iv) must be accompanied by a copy of the report of the other medical
practitioner under
paragraph (c)(ii);
and
(v) if a certificate from a psychiatrist is required under
paragraph (d)—must
be accompanied by the certificate; and
(vi) if a certificate from an approved interpreter is required under
subsection (5)(c)—must
be accompanied by the certificate;
(f) the request may
include any other condition or instruction that the person who is the subject of
the request wishes to be satisfied or given effect in relation to the
administration of voluntary euthanasia.
(3) In the case of a
person who is unable to write, an advance request may be made orally but, if the
request is made orally—
(a) an audio-visual record of the making of the request must be made, and
a certified copy of the record must accompany the advance request form;
and
(b) the request practitioner must reduce the request to writing and the
request practitioner and the prescribed witness must each sign the form (and in
such a case the written form will be taken to be the advance request
form).
(4) In the case of
a person who is not, in the opinion of the request practitioner, reasonably
fluent in English—
(a) the information required to be given to the person under this section
must be given with the assistance of an approved interpreter in relation to a
language in which the person is fluent; and
(b) an advance request may be made orally but, if the request is made
orally—
(i) an audio-visual record of the making of the request must be made, and
a certified copy of the record must accompany the advance request form;
and
(ii) the request must be made with the assistance of an approved
interpreter in relation to a language in which the person is fluent;
and
(iii) the request practitioner must reduce the request to writing and the
request practitioner, the prescribed witness and the approved interpreter must
each sign the form (and in such a case the written form will be taken to be the
active request form); and
(c) the approved
interpreter must certify that—
(i) the information required to be given to the person under this section
was given to, and appeared to be understood by, the person; and
(ii) the information recorded in the advance request form accurately
reproduces in English the original information supplied by the person in the
course of making the request.
(5) The request
practitioner and the prescribed witness must, on the making of an advance
request, each certify, in accordance with any requirement set out in the
regulations—
(a) in the case of an oral request—that the advance request form was
completed in accordance with the wishes of the person who is the subject of the
request; and
(b) in any case—that the person who is the subject of the request
appeared to understand the nature and implications of the request; and
(c) in any case—that he or she, after making reasonable enquiries,
formed the opinion that the person was not acting under any form of duress,
inducement or undue influence (including that due solely to a perception or
mistake on the part of the person).
(6) The validity and legality of a certification of a psychiatrist that a
person is of sound mind, or that the person's state of mind is unlikely to
adversely affect the person's ability to decide to make an advance request,
cannot be challenged or questioned in any proceedings seeking to prevent or
delay the administration of voluntary euthanasia to the person (other than
proceedings under this Part).
(7) An advance request has effect from the time that the request is
entered on the Register.
Note—
The Board is not required to approve or otherwise authorise an active
request for it to have effect.
(8) An advance request remains in force until it is revoked in accordance
with this Act.
37—Request form etc to be forwarded to
Registrar
(1) A request practitioner to whom a request for voluntary euthanasia is
made must, as soon as is reasonably practicable, forward the active request form
or the advance request form (as the case requires) and any document or record
required under this Part to accompany the request, or the active request form or
advance request form, to the Registrar.
(2) A request
practitioner who, without reasonable excuse, refuses or fails to comply with a
requirement under this section is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
38—Variation of requests
(1) A person who has made a request for voluntary euthanasia may, with the
written authority of the Board, by notice in writing given to the Registrar,
vary an instruction or matter set out in the request (being an instruction or
matter of a kind referred to in
section 35(3)(f)
or
section 36(2)(f)
(as the case requires).
(2) The Board must not authorise a proposed variation under this section
if, in the opinion of the Board, the proposed variation significantly changes
the nature of the request for voluntary euthanasia.
Note—
In the event of a desire to significantly change the nature of the request
(such as significantly moving forward the administration of voluntary
euthanasia) the request must be revoked and a new request made.
(3) If the Board
refuses to authorise a variation of a person's request for voluntary euthanasia
under this section, the Board must, as soon as is reasonably practicable, give
notice in writing to the person setting out the reasons for the
refusal.
39—Interaction between
requests
A request for voluntary euthanasia made by a person revokes all earlier
requests for voluntary euthanasia made by the person.
40—Revocation of requests
(1) A person who has made a request for voluntary euthanasia may revoke
the request at any time.
(2) A written, oral or any other indication of revocation of, or of a wish
to revoke, a request for voluntary euthanasia is sufficient to revoke the
request (whether or not the person is mentally competent when the indication is
given).
(3) A medical
practitioner or other person who becomes aware that a person who has made a
request for voluntary euthanasia has revoked the request must, as soon as is
practicable, advise the Registrar of the revocation.
(4) A medical
practitioner or other person who, without reasonable excuse, refuses or fails to
comply with a requirement under this section is guilty of an offence.
Maximum penalty:
(a) in the case where a person has died as a consequence of the refusal or
failure—imprisonment for 20 years; or
(b) in any other case—imprisonment for 10 years.
(5) A medical practitioner or other person who (whether voluntarily or
pursuant to a requirement of this Act) advises the Registrar of a suspicion that
a person has revoked a request for voluntary euthanasia—
(a) cannot, by virtue of doing so, be held to have breached any code of
professional etiquette or ethics, or to have departed from any accepted form of
professional conduct; and
(b) insofar as he or she has acted in good faith, incurs no civil or
criminal liability in respect of the advice.
Subdivision 4—Board declarations and
orders
41—Board declarations and
orders
(1) This section applies, in respect of a particular request for voluntary
euthanasia, to the following persons:
(a) the person who made the request;
(b) the treating practitioner of the person who made the
request;
(c) the request practitioner;
(d) in the case of an active request—the specialist
practitioner;
(e) in the case of an advance request—the medical practitioner
referred to in
section 36(2)(c)(ii);
(f) a medical practitioner who is, or is likely, to administer voluntary
euthanasia to the person;
(g) the Registrar;
(h) a person authorised in writing for the purposes of this section by a
person referred to in a preceding paragraph.
(2) A person to whom
this section applies may apply to the Board to make 1 or more of the following
declarations in relation to a request for voluntary euthanasia which has not
been revoked:
(a) a declaration that the person who made the request is, or is not, a
person to whom
section 35
applies;
(b) in the case of an advance request—a declaration that the person
who made the request is suffering from a permanent deprivation of
consciousness;
(c) a declaration
that a condition specified in the request has, or has not, been
satisfied;
(d) a declaration that a requirement under this Act in relation to the
making of the request has, or has not, been satisfied.
(3) An application under this section must be made in a manner and form
determined by the Board.
(4) No fee may be charged in relation to an application under this
section.
(5) If a person (not being the person who is the subject of the relevant
request for euthanasia) makes an application under this section, the
Board—
(a) must, in accordance with any requirement set out in the regulations,
give notice of the application, and of the time and place at which it intends to
conduct any relevant proceedings, to the person who is the subject of the
relevant request for euthanasia; and
(b) must afford to the person who is the subject of the relevant request
for euthanasia a reasonable opportunity to call and give evidence, to examine or
cross-examine witnesses, and to make submissions to the Board.
(6) Subject to this section, if an application is made under this section
for a declaration that—
(a) a person is a person to whom
section 35 applies;
or
(b) a person is suffering from a permanent deprivation of consciousness;
or
(c) a relevant condition has been satisfied,
the Board must inquire into the subject matter of the application and, if
satisfied beyond reasonable doubt that the person is a person to whom
section 35 applies or is
permanently deprived of consciousness, or that the relevant condition has been
satisfied, the Board must grant the application.
(7) If, after due
inquiry in relation to a particular request for voluntary euthanasia (whether
such inquiry was a result of an application for a declaration under this section
or was conducted on the Board's own motion), the Board is of the opinion that it
is appropriate to do so, the Board may make 1 or more of the following
orders:
(a) an order
declaring the request to be void and of no effect;
(b) an order postponing the administration of voluntary euthanasia for a
specified period (being a period not exceeding 1 month) to enable further
inquiries to be made in relation to the request;
(c) an order imposing such conditions as the Board thinks fit on the
administration of voluntary euthanasia to the person;
(d) any other order the Board thinks fit in relation to the request
(including an order that the person submit to an examination by a medical
practitioner, or by a medical practitioner of a class, specified by the
Board).
(8) If the Board
makes a declaration or order under this section, the Board must, as soon as is
reasonably practicable, make reasonable efforts to give each person to whom this
section applies notice in writing of the making, and the terms, of the
declaration or order.
(9) If the Board makes an order under
subsection (7)(a),
the Registrar must remove the relevant entry from the Register.
(10) A person who
contravenes, or fails to comply with—
(a) an order under this section; or
(b) a condition imposed under this section on the administration of
voluntary euthanasia to a person,
is guilty of an offence.
Maximum penalty:
(a) in the case where a person has died as a consequence of the
contravention or failure—imprisonment for 20 years; or
(b) in any other case—imprisonment for 10 years.
(11) In relation to an application for a declaration, or the making of an
order, under this section, the Board—
(a) is not bound by the rules of evidence and may inform itself on any
matter as it thinks fit; and
(b) must act according to good conscience and the substantial merits of
the case without regard to technicalities and legal forms; and
(c) must deal with the application or inquiry as a matter of urgency;
and
(d) may refer any question of law for determination by the Supreme
Court.
(12) A person to whom this section applies is entitled to be represented
at the hearing of an application for a declaration in respect of the relevant
request for voluntary euthanasia.
(13) A hearing of an application for a declaration under this section is
not to be open to the public.
42—Powers of Board in relation to witnesses
etc
(1) For the purposes of this Part, the Board may—
(a) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the attendance before the Board of a person whom the
Board thinks fit to call before it; or
(b) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the production of relevant documents, records or
equipment and, in the case of a document or record that is not in the English
language—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record; or
(c) inspect documents, records or equipment produced before it, and retain
them for such reasonable period as it thinks fit, and make copies of the
documents or records or their contents; or
(d) require a person to make an oath or affirmation (which may be
administered by a member of the Board) to answer truthfully questions put by a
member of the Board or a person appearing before the Board; or
(e) require a person appearing before the Board (whether summoned to
appear or not) to answer questions put by a member of the Board or by a person
appearing before the Board.
(2) On the receipt of an application for the issue of a summons under this
section, a member of the Board or the Registrar may, without referring the
matter to the Board, issue a summons on behalf of the Board.
(3) A person who—
(a) having been served with a summons to attend, or to produce documents,
records or equipment, before the Board, fails, without reasonable excuse, to
comply with the summons; or
(b) having been served with a summons to produce—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record,
fails, without reasonable excuse, to comply with the summons; or
(c) misbehaves before the Board, wilfully insults the Board or 1 or more
of the members in the exercise of the member's official duties, or wilfully
interrupts the proceedings of the Board; or
(d) refuses to be sworn or to affirm, or refuses or fails to answer
truthfully a relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who appears as a witness before the Board has the same
protection as a witness in proceedings before the Supreme Court.
43—Access to Board records
Except as authorised by the Supreme Court, the records of proceedings for a
declaration under
section 41 will not be
open to inspection by a person other than a person to whom
section 41 applies in
respect of that declaration.
Subdivision 5—Appeal
44—Right of appeal to Supreme
Court
(1) An appeal lies to
the Supreme Court against a declaration or order of the Board under
Subdivision 4.
(2) An appeal in relation to a particular request for voluntary euthanasia
may only be instituted by a person to whom
section 41 applies in
respect of the request.
(3) An appeal must be instituted within 7 days of the person being
notified of the making of the declaration or order appealed against under
section 41(8), but
the Supreme Court may, if satisfied that it is just and reasonable in the
circumstances to do so, extend that period (whether or not it has already
expired).
Subdivision 6—Administration of voluntary
euthanasia
45—Administration of voluntary
euthanasia
(1) A medical
practitioner (whether the patient's treating practitioner or otherwise) may
administer voluntary euthanasia to a person if—
(a) the person has made a request for voluntary euthanasia; and
(b) the request has not been revoked; and
(i) in the case of an active request—the person is a person to whom
section 35 applies;
or
(ii) in the case of an
advance request—
(A) the person is, in the opinion of the medical practitioner, suffering
from a permanent deprivation of consciousness; and
• at least 1 other medical practitioner acting independently of the
medical practitioner has confirmed in writing that, in his or her opinion, the
person is suffering from a permanent deprivation of consciousness; or
• the Board has made a declaration under
section 41 that the
person is suffering from a permanent deprivation of consciousness; and
(d) any conditions precedent set by the person in relation to the
administration of voluntary euthanasia (whether expressed in the request or
otherwise) have, as far as is reasonably practicable, been satisfied;
and
(e) the person has not expressed a desire to postpone the administration
of voluntary euthanasia; and
(f) the medical practitioner has taken the steps prescribed by the
regulations to ascertain, as far as is reasonably practicable, whether the
person has revoked the request; and
(g) the medical practitioner has made the prescribed enquiries with the
Board in relation to the request; and
(h) any relevant order made by the Board under
section 41 has been
complied with; and
(i) any other requirement set out in the regulations for the purposes of
this section has been satisfied.
(2) A medical
practitioner may only administer voluntary euthanasia by the following
methods:
(a) by administering
drugs in concentrations likely to end life;
(b) by prescribing or
supplying drugs for self-administration by a person in concentrations likely to
end the person's life;
(c) by withholding or withdrawing medical treatment in circumstances
likely to result in an end to life.
(3) The following provisions apply to a medical practitioner administering
voluntary euthanasia by a method referred to in
subsection (2)(a) or
(2)(b):
(a) in the case of voluntary euthanasia administered by the method
referred to in
subsection (2)(b)—
(i) the medical practitioner may only supply the drugs to the person
immediately before the person self-administers the drugs; and
(ii) the medical practitioner must, while the person self-administers the
drugs, be present in the same premises as the person; and
(iii) if the patient revokes his or her request or indicates a desire to
postpone the administration of voluntary euthanasia, the medical practitioner
must, as soon as is reasonably practicable after being made aware of the
revocation or postponement, retrieve the drugs from the person;
(b) in any case—the medical practitioner must examine the person
immediately following the administration of voluntary euthanasia for the purpose
of ensuring that the person has died.
(4) For the purposes of this or any other Act or law, a person's request
for voluntary euthanasia will, in the absence of evidence to the contrary, be
taken to constitute any consent necessary for the administration of voluntary
euthanasia to the person.
46—Report to State Coroner
(1) A medical practitioner who administers voluntary euthanasia to a
person must make a report to the State Coroner within 48 hours after the
person's death.
Maximum penalty: $5 000.
(2) The report must be in the prescribed form, and must be accompanied
by—
(a) a copy of the relevant active request form or advance request form (as
the case requires); and
(b) a copy of any other document or record required to accompany the
active request form or advance request form (as the case requires) under this
Part; and
(c) in the case of voluntary euthanasia administered pursuant to an
advance request—the written confirmation of an independent medical
practitioner or practitioners prepared under
section 45(1)(c)(ii)(B)
that the person was suffering from a permanent deprivation of consciousness;
and
(d) any other information required by the regulations.
(3) The State Coroner
must forward to the Board a copy of a report and any accompanying documents,
records and information received under this section.
Subdivision 7—Offences
47—Undue influence etc
A person who, by dishonesty or undue influence, induces another to make a
request for voluntary euthanasia is guilty of an offence.
Maximum penalty:
(a) in the case where a person has died as a consequence of the
inducement—imprisonment for 20 years; or
(b) in any other case—imprisonment for 10 years.
48—False or misleading
statements
(1) A person who makes a false or misleading statement in, or in relation
to, a request for voluntary euthanasia is guilty of an offence.
Maximum penalty:
(a) in the case where a person has died as a consequence of the
statement—imprisonment for 20 years; or
(b) in any other case—imprisonment for 10 years.
(2) For the purposes of this section, a reference to a request for
voluntary euthanasia includes a reference to—
(a) any preliminary matters required to be undertaken before making a
request under
section 35 or
36 (as the case requires);
and
(b) a request that has been revoked.
49—Limitation of fees
(1) A medical practitioner or other person must not require a fee to be
paid (whether by the person the subject of a request for voluntary euthanasia or
otherwise) in relation to—
(a) the making of a request for voluntary euthanasia; or
(b) the administration of voluntary euthanasia in accordance with a
person's request for voluntary euthanasia,
that exceeds the reasonable costs incurred by the medical practitioner or
other person in relation to that act.
Maximum penalty: $10 000.
(2) If a court finds a person guilty of an offence against this section,
the court may order the person to pay to the Crown an amount not exceeding the
court's estimate of the fee received by the person in contravention of this
section.
Division 4—Miscellaneous
50—Certain persons to forfeit interest in
estate
(1) A person found guilty of an offence against
section 47 forfeits any
interest that the person might otherwise have had in the estate of the person
who was induced to make the relevant request for voluntary euthanasia.
(2) If a court finds a person guilty of an offence against
section 40(4) or
48, the court may, on the
application of the prosecution, order that the person forfeits any interest that
the person might otherwise have had in the estate of the person who made the
relevant request for voluntary euthanasia.
51—Protection from liability
(1) A medical
practitioner or other person incurs no criminal or civil liability for an act or
omission done or made in good faith, without negligence and in accordance with a
direction under
section 21.
(2) If a medical practitioner or other person—
(a) takes part in, or is otherwise involved in relation to, the making of
a request for voluntary euthanasia in accordance with this Act; or
(b) takes part in, or is otherwise involved in relation to, the
administration of voluntary euthanasia in accordance with this Act,
the medical practitioner or person—
(c) incurs no criminal liability (other than in proceedings for an offence
against this Act) for an act or omission in so doing; and
(d) incurs no civil liability for an act or omission in so doing, provided
that the act or omission was done or made in good faith and without
negligence.
(3) For the purposes of this section, a reference to civil liability of a
person includes a reference to liability arising under disciplinary proceedings
or similar proceedings.
(4) For the purposes of this section, a reference to the administration of
voluntary euthanasia includes a reference to the attempted administration of
voluntary euthanasia.
52—Imputation of conduct or state of mind of
officer etc
(1) For the
purposes of proceedings for an offence against this Act—
(a) the conduct and state of mind of an officer, employee or agent of a
body corporate acting within the scope of his or her actual, usual or ostensible
authority will be imputed to the body corporate;
(b) the conduct and state of mind of an employee or agent of a natural
person acting within the scope of his or her actual, usual or ostensible
authority will be imputed to that person,
(but not so as to affect any personal liability of the officer, employee or
agent).
(2) It will be a
defence in any criminal proceedings under the Act against a body corporate or a
natural person where conduct or a state of mind is imputed to the body or person
under
subsection (1)
if it is proved that the alleged contravention did not result from any failure
on the defendant's part to take all reasonable and practicable measures to
prevent the contravention or contraventions of the same or a similar
nature.
(3) If—
(a) a natural person is convicted of an offence against this Act;
and
(b) the person would not have been convicted of the offence but for the
operation of
subsection (1),
the person is not liable to be punished by imprisonment for the
offence.
(4) For the purposes of this section, a reference to conduct
or acting includes a reference to failure to act.
53—Liability of directors
(1) If a corporation commits an offence against this Part, each director
of the corporation is guilty of an offence and liable to the same penalty as is
fixed for the principal offence unless it is proved that the principal offence
did not result from failure on the director's part to take reasonable care to
prevent the commission of the offence.
(2) A director of a corporation may be prosecuted and convicted of an
offence under this section whether or not the corporation has been prosecuted or
convicted of the offence committed by the corporation.
54—Cause of death
(1) For the purposes of the law of the State, and for any other purpose,
the non-application or withdrawal of medical treatment in accordance with a
direction under
section 21 does not
constitute an intervening cause of death.
(2) For the purposes
of the law of the State, and for any other purpose, the death of a person
resulting from the administration of voluntary euthanasia—
(a) will be taken to have been caused by the person's relevant illness,
injury or medical condition; and
(b) is not suicide or homicide.
55—Insurance
(1) An insurer is not entitled to refuse to make a payment that is payable
under a life insurance policy on death of the insured on the ground that the
death resulted from—
(a) the non-application or withdrawal of medical treatment in accordance
with a direction under
section 21; or
(b) the administration of voluntary euthanasia.
(2) A person is not obliged to disclose a request for voluntary euthanasia
to an insurer.
(3) An insurer must not ask a person to disclose whether the person has
made a request for voluntary euthanasia.
Maximum penalty: $10 000.
(4) An insurer must not encourage or in any way promote the administration
of voluntary euthanasia as an alternative to any other form of treatment
(including palliative care) that may be available in relation to an illness,
injury or other medical condition of a particular person.
Maximum penalty:
(a) in the case of a natural person—imprisonment for
5 years;
(b) in the case of a body corporate—$600 000.
(5) This section applies despite an agreement between a person and an
insurer to the contrary.
56—Person may decline to administer or assist the
administration of voluntary euthanasia
(1) A medical practitioner may decline to administer voluntary euthanasia
on any grounds without prejudice to the medical practitioner's employment or any
other form of discrimination.
(2) However, if a medical practitioner declines to administer voluntary
euthanasia, he or she must inform the person that another medical practitioner
may be prepared to consider the request.
(3) A person may decline to assist a medical practitioner to administer
voluntary euthanasia on any grounds without prejudice to the person's employment
or any other form of discrimination.
(4) The administering authority of a hospital, hospice, nursing home or
other institution for the care of the sick or infirm may refuse to permit the
administration of voluntary euthanasia within the institution but, if it does
so, must take steps to ensure that—
(a) such refusal is brought to the attention of any person seeking to
enter the institution; and
(b) the person is given the name of at least 1 institution that does
permit the administration of voluntary euthanasia within the
institution.
57—Victimisation
(1) A person commits an act of victimisation against another person (the
victim) if he or she causes detriment to the victim on the ground,
or substantially on the ground, that the victim—
(a) takes part in, or is otherwise involved in relation to, the making of
a request for voluntary euthanasia in accordance with this Act; or
(b) takes part in, or is otherwise involved in relation to, the
administration of voluntary euthanasia in accordance with this Act.
(2) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal
Opportunity Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 and, conversely, if the victim lodges a
complaint under that Act, he or she cannot subsequently commence proceedings in
a court seeking a remedy in tort.
(3) If a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to the
victim's employment or business; or
(d) threats of reprisal.
58—Review of Part by Minister
(1) The Minister
must cause a review of the operation of this Part to be conducted and a report
on the results of the review to be submitted to him or her.
(2) The Minister must ensure that, as part of the review, reasonable steps
are taken to seek submissions from—
(a) State agencies, and agencies of the Commonwealth, that have an
interest in the operation of this Part; and
(b) relevant industry and community organisations.
(3) The review and the report must be completed before the second
anniversary of the commencement of this Part.
(4) The Minister must cause a copy of the report submitted under
subsection (1)
to be laid before both Houses of Parliament within 6 sitting days after
receiving the report.
Part 5—Miscellaneous
59—Confidentiality
(1) A person engaged
or formerly engaged in the administration of this Act must not divulge or
communicate personal information obtained (whether by that person or otherwise)
in the course of official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration of this Act; or
(d) to an authority responsible under the law of a place outside this
State, where the information is required for the proper administration of that
law; or
(e) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2)
Subsection (1)
does not prevent disclosure of statistical or other data that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(3) Information that has been disclosed under
subsection (1) for
a particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
60—Service
(1) Subject to this
Act, a notice or document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known nominated contact, residential, business or (in the case of a corporation)
registered address; or
(c) be left for the person at the person's last known nominated contact,
residential, business or (in the case of a corporation) registered address with
someone apparently over the age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(2) Without limiting the effect of
subsection (1), a
notice or other document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may, if the person is a company
or registered body within the meaning of the Corporations Act 2001
of the Commonwealth, be served on the person in accordance with that
Act.
61—Regulations
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for the
purposes of, this Act.
(2) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) make provisions of a saving or transitional nature;
(c) prescribe fines (not exceeding $10 000) for offences against the
regulations;
(d) make provisions of an evidentiary nature in respect of the commission
of offences against the regulations;
(e) confer discretionary powers on a specified person or body of
persons.
(3) The regulations may refer to or incorporate, wholly or partially and
with or without modification, a code, standard or other document prepared or
published by a prescribed body, either as in force at the time the regulations
are made or as in force from time to time.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Schedule 1—Active request form
1—Form of active request
For the purposes of
section 35(3)(e)(i),
a form that contains the following information is prescribed:
(a) that the form is an active request for voluntary euthanasia under the
Act;
(b) the full name, address and date of birth of the person making the
active request;
(c) the full name and business address of the request
practitioner;
(d) the full name and address of the prescribed witness;
(e) a statement by the person making the active request
that—
(i) —
(A) he or she is in the terminal phase of a terminal illness; or
(B) his or her life
has become intolerable because of the illness, injury or other medical condition
(other than a mental illness within the meaning of the Mental
Health Act 2009) from which he or she is suffering,
(as the case requires);
(ii) he or she was given the information required under
section 35(3)(c)(i);
(iii) he or she is not acting under any form of duress or
inducement;
(f) a description of the illness, injury or other medical condition from
which the person making the active request is suffering;
(g) any other condition or instruction that the person making the active
request wishes to be satisfied or given effect in relation to the administration
of voluntary euthanasia;
(h) any other information required by the regulations.
2—Schedule may be amended by
regulations
The Governor may, by regulation, amend this Schedule.
Schedule 2—Advance request
form
1—Form of advance request
For the purposes of
section 36(2)(e)(i),
a form that contains the following information is prescribed:
(a) that the form is an advance request for voluntary euthanasia under the
Act;
(b) the full name, address and date of birth of the person making the
advance request;
(c) the full name and business address of the request
practitioner;
(d) the full name and address of the prescribed witness;
(e) a statement by the person making the advance request
that—
(i) he or she was given the information required under
section 36(2)(c)(i);
and
(ii) he or she is not acting under any form of duress or
inducement;
(f) any other condition or instruction that the person making the advance
request wishes to be satisfied or given effect in relation to the administration
of voluntary euthanasia;
(g) any other information required by the regulations.
2—Schedule may be amended by
regulations
The Governor may, by regulation, amend this Schedule.