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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Ending Life with Dignity
Bill 2013
A BILL FOR
An Act to provide for the administration of medical procedures to assist
death of a limited number of persons who are terminally ill, suffering
unbearably and who have expressed a desire for the procedures subject to
appropriate safeguards; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Approved
interpreters
5Objects
Part 2—Voluntary
Euthanasia Board
Division 1—Establishment
of Voluntary Euthanasia Board
6Establishment of Voluntary Euthanasia
Board
7Composition of Board
8Terms and
conditions of membership
9Presiding member
10Registrar
11Staff
12Procedures
13Conflict of interest under Public
Sector (Honesty and Accountability) Act
14Functions of Board
15Annual
report
Part 3—Voluntary
euthanasia requests
Division 1—Making, varying or
revoking voluntary euthanasia request
16Making
voluntary euthanasia request
17Witnessing voluntary
euthanasia request
18Voluntary euthanasia
request form
19Variation of voluntary euthanasia
request
20Revocation of voluntary euthanasia
request
21Later request revokes earlier
request
Division 2—Register of voluntary
euthanasia requests
22Register of voluntary
euthanasia requests
23Registrar may require
information
Division 3—Board's powers in relation
to voluntary euthanasia requests
24Interested persons
25Board may make
declarations and orders relating to voluntary euthanasia requests
26Appeals from
declarations or orders
27Board's powers of investigation
Division 4—Carrying out voluntary
euthanasia request
28Carrying out voluntary
euthanasia request
29Persons may decline to carry out or assist in
carrying out voluntary euthanasia request
30Report to State
Coroner
31Protection from liability
Part 4—Miscellaneous
32Failure by
medical practitioner to comply with Act constitutes proper cause for
disciplinary action
33Limitation of fees
34False
or misleading representations
35Undue influence
etc
36Certain persons to forfeit interest in
estate
37Confidentiality
38Restriction on
publication
39Cause of death
40Insurance
41Victimisation
42Service
43Review of Act
44Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Ending Life with Dignity
Act 2013.
This Act will come into operation 6 months after the date of assent or
on an earlier date fixed by proclamation.
adult means a person of or above the age of
18 years;
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 4;
Board means the Voluntary Euthanasia Board established under
Part 2
Division 1;
certificate of confirmation—see
section 28(1)(e);
medical practitioner means a medical practitioner within the
meaning of the Health Practitioner Regulation National Law, but does not
include a medical practitioner of a class excluded from the ambit of this
definition by the regulations;
palliative care specialist means a person registered under
the Health Practitioner Regulation National Law—
(a) to practise in the medical profession; and
(b) holding—
(i) specialist registration in palliative medicine; or
(ii) a qualification in palliative care prescribed by regulation for the
purposes of this definition; and
(c) whose principal area of practice is the provision of palliative
care;
psychiatrist means a person registered under the Health
Practitioner Regulation National Law—
(a) to practise in the medical profession; and
(b) holding specialist registration as a psychiatrist;
register means the register of voluntary euthanasia requests
required to be kept under
section 22;
Registrar means the Registrar of the Board appointed under
section 10;
terminal illness means an illness or condition that is likely
to result in death;
terminally ill—see
subsection (2);
treating practitioner of a person who is terminally ill
means—
(a) a medical practitioner who is currently treating the person for the
terminal illness; or
(b) a medical practitioner who is ordinarily responsible (whether solely
or otherwise) for the care of the person;
voluntary euthanasia means the administration of medical
treatment, in accordance with this Act, to bring about the death of a person who
is terminally ill and who has made a voluntary euthanasia request;
voluntary euthanasia request—means a voluntary
euthanasia request made in accordance with
Part 3;
voluntary euthanasia request form—see
section 18(1).
(2) Despite any other
Act or law, a person is only terminally ill for the purposes of
this Act if—
(a) the person has a terminal illness; and
(b) the illness is causing unbearable suffering which cannot be alleviated
to a degree the person finds acceptable.
(1) The Minister may approve a person as an interpreter in a particular
language for the purposes of this Act.
(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 voluntary euthanasia
request 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
in
section 3(1) is not
reasonably available in relation to the person who made the voluntary euthanasia
request;
(c) the Minister must, as soon as is reasonably practicable, notify the
Board in writing of the approval;
(d) the 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 to the Board.
(3) A person must not contravene or fail to comply with a condition of an
approval under this section.
Maximum penalty: $5 000.
The objects of this Act are—
(a) to give a limited number of competent adults who have a terminal
illness, and who are suffering unbearably, the right to make an informed choice
about the time and manner of their death;
(b) to ensure that people who have voluntarily requested euthanasia can
obtain appropriate and humane medical assistance to hasten death;
(c) to ensure that people who may want to request euthanasia are given
adequate information before making their request (including information about
palliative care) and are not subject to duress or other undue pressure to make a
request;
(d) to ensure that the administration of euthanasia is subject to other
appropriate safeguards and supervision;
(e) to recognise the right of medical practitioners and other persons to
refuse to carry out, or assist in the carrying out of, a voluntary euthanasia
request.
Part 2—Voluntary
Euthanasia Board
Division 1—Establishment
of Voluntary Euthanasia Board
6—Establishment
of Voluntary Euthanasia Board
(1) The Voluntary Euthanasia Board 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.
(1) The Board consists of 8 members appointed by the Governor of
whom—
(a) 2 must be medical practitioners nominated by the Minister;
and
(b) 2 must be legal practitioners of at least 5 years standing
nominated by the Minister; and
(c) 1 must be a person nominated by The Palliative Care Council South
Australia Incorporated; and
(d) 1 must be a person nominated by the South Australian Voluntary
Euthanasia Society Incorporated; and
(e) 1 must be a person nominated by the South Australian Council of
Churches Incorporated; and
(f) 1 must be a person nominated by Disability Services SA.
(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.
8—Terms
and conditions of membership
(1) A member of the Board will be appointed for a term not exceeding
3 years and on conditions determined by the Governor and specified in the
instrument of appointment.
(2) A member of the Board will, at the expiration of a term of
appointment, be eligible for reappointment (subject to the qualification that a
person 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.
The Minister will appoint 1 of the members of the Board to be the
presiding member.
(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.
(3) The Registrar has such powers and functions conferred or assigned by
this Act.
(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.
(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) In the absence of the presiding member from a meeting of the Board, a
member chosen by the members present at the meeting will preside.
(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.
13—Conflict
of interest under Public Sector (Honesty and Accountability)
Act
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 profession generally, or a substantial section
of persons in the medical or legal profession.
The functions of the Board are—
(a) to monitor and keep under constant review the operation and
administration of this Act; and
(b) to provide advice to the Minister as the Board considers
appropriate;
(c) 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
voluntary euthanasia request.
(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.
Part 3—Voluntary
euthanasia requests
Division 1—Making,
varying or revoking voluntary euthanasia request
16—Making
voluntary euthanasia request
(1) An adult person of
sound mind who is terminally ill may make a voluntary euthanasia
request.
(2) However, before
a person makes a voluntary euthanasia request, the following requirements must
be complied with:
(a) 2 medical
practitioners acting independently must personally examine the person (including
an examination of any symptoms of depression) and fully inform the person
of—
(i) the diagnosis
of the person's illness; and
(ii) the prognosis
of the person's illness; and
(iii) the forms of treatment that may be available to the patient and the
respective risks, side effects and likely outcomes of such treatments;
and
(iv) the extent to
which the effects of the illness could be mitigated by appropriate palliative
care; and
(v) the proposed voluntary euthanasia procedure, risks associated with the
procedure and feasible alternatives to the procedure;
(b) at least 1 of the medical practitioners referred to in
paragraph (a) must
be a treating practitioner of the person;
(c) if a medical
practitioner referred to in
paragraph (a) is not
a palliative care specialist, he or she must, if reasonably practicable, consult
a palliative care specialist about the person's illness and the extent to which
its effects may be mitigated by appropriate palliative care before informing the
person of the matters under that paragraph;
(d) if a medical
practitioner referred to in
paragraph (a)
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);
(e) at least 1 of the medical practitioners referred to in
paragraph (a) must
make enquiries as to whether a voluntary euthanasia request is currently
registered in relation to the person.
17—Witnessing
voluntary euthanasia request
(1) A voluntary
euthanasia request must be made in the presence of the following
persons:
(a) the medical practitioners referred to in
section 16(2),
following compliance with that subsection;
(2) The following persons cannot be witnesses under
subsection (1)(b):
(a) a relative of the person making the voluntary euthanasia
request;
(b) a direct beneficiary of, or a person with a direct interest in, the
estate of the person making the request.
(3) Each witness must certify that the person who made the voluntary
euthanasia request—
(a) appeared to be of sound mind; and
(b) appeared to understand the nature and implications of the request;
and
(c) did not appear to be acting under duress.
(4) Each witness who is
a medical practitioner must also certify—
(a) that he or she complied with the requirements under
section 16(2);
and
(b) that he or she, having examined the person who made the request for
symptoms of depression immediately before the request—
(i) has no reason to suppose that the person is suffering from treatable
clinical depression; or
(ii) if the person does exhibit symptoms of depression—is of the
opinion that treatment for depression, or further treatment for depression, is
unlikely to influence the person's decision to request voluntary
euthanasia.
18—Voluntary
euthanasia request form
(1) A voluntary
euthanasia request must be made in writing in the form prescribed by
Schedule 1 (a
voluntary euthanasia request form).
(2) However, if the person making the request is unable to write, the
person may make the request orally, in which case the following requirements
must be complied with:
(a) the voluntary euthanasia request form—
(i) must be completed by either or both of the witnesses required to be
present in accordance with
section 17(1) on
behalf of the person in accordance with the person's expressed wishes;
and
(ii) must, instead of the person's signature, bear an endorsement signed
by each of the witnesses to the effect that the form has been completed by the
witnesses in accordance with the person's expressed wishes;
(b) the witnesses must cause the request to be recorded on
videotape;
(c) the witnesses must notify the Registrar in writing of the making of
the request, and a copy of the completed voluntary euthanasia request form must
be attached to such notification.
19—Variation
of voluntary euthanasia request
(1) A person who has made a voluntary euthanasia request may, with the
written authority of the Board, by notice in writing given to the Registrar,
vary the request.
(2) The Board must not authorise a variation of a voluntary euthanasia
request if, in the opinion of the Board, the variation significantly changes the
nature of the request.
Note—
If a person wishes to make a significant variation to 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 voluntary
euthanasia request under this section, the Board must, as soon as reasonably
practicable, give notice in writing to the person setting out the reasons for
the refusal.
20—Revocation
of voluntary euthanasia request
(1) A person who has made a voluntary euthanasia request may revoke the
request at any time.
(2) A written, oral, or other indication of withdrawal of consent to
voluntary euthanasia is sufficient to revoke the request even though the person
may not be mentally competent when the indication is given.
(3) A person must not, knowing of the revocation of a voluntary euthanasia
request, deliberately or recklessly fails to communicate that knowledge to the
Registrar is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
21—Later
request revokes earlier request
A voluntary euthanasia request made by a person revokes all earlier
voluntary euthanasia requests made by the person.
Division 2—Register
of voluntary euthanasia requests
22—Register
of voluntary euthanasia requests
(1) The Registrar must keep a register in relation to voluntary euthanasia
requests made in accordance with this Act (the
register).
(2) The register
must, in relation to each voluntary euthanasia request, 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 voluntary euthanasia request form relating to the entry;
(b) any other document required under this Act to accompany the voluntary
euthanasia request form;
(c) any other document provided to the Registrar in relation to the
entry;
(d) any other document required by the regulations.
(4) If the Registrar is advised under this Act, or otherwise becomes
aware, of a revocation or purported revocation of a voluntary euthanasia
request, 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 voluntary
euthanasia request has been revoked, the Registrar must remove the relevant
entry from the register.
(6) The Registrar
must, at the request of a medical practitioner who is attending a terminally ill
person—
(a) inform the medical practitioner—
(i) as to whether a voluntary euthanasia request is registered in relation
to the person; and
(ii) if such a request is registered—
(A) whether a revocation of the request has been registered in the
register; or
(B) whether the Registrar has been notified of a revocation, or purported
revocation, of the request but has not yet registered the revocation in the
register; and
(iii) of any other information held by the Registrar that may be relevant
to the request or to the carrying out of the request; and
(b) if a voluntary euthanasia request is registered in relation to the
person and no revocation of that request has been registered—give the
medical practitioner a copy of the request.
(7) The Registrar must, at the request of the Commissioner of Police,
provide the Commissioner with any information held by the Registrar that may be
relevant to a voluntary euthanasia request.
(8) 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.
(9) The Registrar must impose conditions in relation to inspection of the
register protecting the privacy of persons and may impose any other condition
the Registrar thinks fit in relation to such inspections.
(10) No fee may be charged in respect of a duty of the Registrar under
this section.
(11) A certificate stating that a voluntary euthanasia request 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 matters stated in the certificate.
23—Registrar
may require information
(1) The Registrar
may, by notice in writing, for the purposes 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.
Division 3—Board's
powers in relation to voluntary euthanasia requests
For the purposes of this Division, the following persons will be taken to
be interested persons in relation to a voluntary euthanasia
request:
(a) the person who made the voluntary euthanasia request;
(b) the treating practitioner of the person;
(c) a medical practitioner who has provided the person with the prescribed
information in relation to the person's illness under
section 16(2);
(d) the medical practitioner referred to in
section 28(1)(e);
(e) a medical practitioner who is, or is likely, to administer voluntary
euthanasia to the person;
(f) the Registrar;
(g) a person authorised in writing for the purposes of this section by a
person referred to in a preceding paragraph;
(h) a person who satisfies the Board that he or she has a proper interest
in the welfare of the person who made the voluntary euthanasia
request.
25—Board
may make declarations and orders relating to voluntary euthanasia
requests
(1) An interested person in relation to a voluntary euthanasia request may
apply to the Board for 1 or both of the following declarations:
(a) a declaration that the person who made the voluntary euthanasia
request is, or is not, an adult person of sound mind who is terminally ill (that
is, the preconditions relating to a person's eligibility to make a voluntary
euthanasia request under
section 16(1));
(b) a declaration that any other requirement under this Act relating to
the making of a voluntary euthanasia request has, or has not, been complied with
in relation to the voluntary euthanasia request.
(2) An application under this section must be made in a manner and form
determined by the Board.
(3) No fee may be charged in respect of an application under this
section.
(4) After receiving an application in relation to a voluntary euthanasia
request under this section, the Board must give the applicant and the person who
made the voluntary euthanasia request—
(a) notice in writing of—
(i) the Board's receipt of the application; and
(ii) the time and place at which the Board intends to conduct any
proceedings in relation to the request; and
(b) if proceedings are intended to be conducted in relation to the
request—a reasonable opportunity to call and give evidence, to examine or
cross-examine witnesses, and to make submissions to the Board.
(5) Subject to this section, the Board may only make a declaration that
the person who made the voluntary euthanasia request is an adult person of sound
mind who is terminally ill (that is, the preconditions relating to a person's
eligibility to make a voluntary euthanasia request under
section 16(1)) if,
after due inquiry, the Board is satisfied beyond reasonable doubt of those
matters.
(6) The Board may
make any 1 or more of the following orders that the Board, after due
inquiry in relation to a voluntary euthanasia request, considers
appropriate:
(a) an order
declaring the request to be void and of no effect;
(b) an order postponing the carrying out of the request for a specified
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 considers appropriate
in relation to the carrying out of the request;
(d) any other order the Board considers appropriate 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 specified
class).
(7) The Board must, as soon as reasonably practicable after making a
declaration or order under this section in relation to a voluntary euthanasia
request, take reasonable steps to give each other interested person in relation
to the request, notice in writing of the making, and the terms, of the
declaration or order.
(8) If the Board makes an order under
subsection (6)(a),
the Registrar must remove the relevant entry from the register.
(9) A person must not contravene, or fail to comply with—
(a) an order under this section; or
(b) a condition imposed under this section on the administration of
voluntary euthanasia to the person.
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.
(10) In dealing with an application 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.
(11) Any interested person in relation to a voluntary euthanasia request
is entitled to be represented at the hearing of an application under this
section for a declaration relating to the request.
(12) The hearing of an application under this section is not to be open to
the public.
26—Appeals
from declarations or orders
(1) An appeal lies to the Supreme Court against a declaration or order of
the Board under
section 25 in
relation to a voluntary euthanasia request.
(2) An appeal in relation to a voluntary euthanasia request may only be
instituted by an interested person in relation to 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 or such
longer period as the Supreme Court may allow.
(4) The Supreme Court may, on the hearing of the appeal, exercise
1 or more of the following powers:
(a) dismiss the appeal;
(b) affirm, vary or quash the declaration or order appealed
against;
(c) substitute, or make in addition, any declaration or order that could
be made by the Board;
(d) remit the subject matter of the appeal to the Board for further
hearing or for rehearing;
(e) make any further or other order as to costs, or any other matter, that
the case requires.
(5) No order for costs can be made against an appellant if he or she is
the person who made the voluntary euthanasia request.
(6) The hearing of an appeal under this section is not to be open to the
public.
27—Board's
powers of investigation
(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 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 its members in the exercise of the member's official duties, or wilfully
interrupts the proceedings of 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.
Division 4—Carrying
out voluntary euthanasia request
28—Carrying
out voluntary euthanasia request
(1) A medical
practitioner may carry out a voluntary euthanasia request in relation to a
person if—
(a) the request is registered in the register; and
(b) the medical practitioner has made a request for information to the
Registrar in relation to the request under
section 22(6);
and
(c) there is no revocation of the request registered in the register, and
there is no reason to believe that there has been a revocation, or purported
revocation, of the request that has not been registered in the register;
and
(d) the person has not expressed a desire to postpone the carrying out of
the request; and
(e) since the
making of the request by the person, a medical practitioner other than a medical
practitioner referred to in
section 16(2)
who is not involved in the day to day treatment or care of the person has
personally examined the person and has given a certificate in the form
prescribed by
Schedule 2
(certificate of confirmation) certifying—
(i) that the person is terminally ill; and
(ii) that—
(A) there is no reason to suppose that the person is suffering from
treatable clinical depression; or
(B) if the person does exhibit symptoms of depression—the medical
practitioner is of the opinion that treatment for depression, or further
treatment for depression, is unlikely to influence the person's decision to
request voluntary euthanasia; and
(f) at least 48 hours have elapsed since the examination of the
person referred to in
paragraph (e).
(2) A medical
practitioner must, in carrying out a voluntary euthanasia request in relation to
a person, comply with the following provisions:
(a) the medical practitioner must give effect, as far as practicable, to
the expressed wishes of the person;
(b) the medical
practitioner may only carry out the request by 1 or more of the following
methods:
(i) by administering drugs in appropriate concentrations to end
life;
(ii) by prescribing
drugs for self-administration by the person to allow the person to end his or
her life;
(iii) by withholding or withdrawing medical treatment in circumstances
that will result in an end to life;
(c) a method of administering voluntary euthanasia referred to in
paragraph (b)
must, as far as practicable, result in an end to life that is humane and
painless;
(d) if the request is to be carried out by the method referred to in
subparagraph (b)(ii)—
(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 reasonably practicable after being made aware of those wishes,
retrieve the drugs from the person;
(e) the medical practitioner must examine the person immediately following
the carrying out of the request for the purpose of ensuring that the person has
died.
29—Persons
may decline to carry out or assist in carrying out voluntary euthanasia
request
(1) A medical practitioner may decline to carry out a voluntary euthanasia
request on any grounds.
(2) However, if a medical practitioner who has the care of a person
declines to carry out such a request, 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 in carrying out
a voluntary euthanasia request on any grounds without prejudice to the person's
employment or any other form of adverse 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
voluntary euthanasia within the institution but, if it does so, must take
reasonable steps to ensure that the refusal is brought to the attention of
persons entering the institution.
(1) A medical practitioner who carries out a voluntary euthanasia request
in relation to a person must make a report to the State Coroner within
48 hours after doing so.
Maximum penalty: $5 000.
(2) The report—
(a) must be in the form prescribed by
Schedule 3;
and
(b) must be accompanied by—
(i) the person's voluntary euthanasia request form; and
(ii) the certificate of confirmation required under
section 28(1)(e).
(3) The State Coroner must forward to the Minister copies of the reports
made under this section and the accompanying materials.
A medical practitioner who carries out a voluntary euthanasia request, or a
person who assists a medical practitioner in carrying out a voluntary euthanasia
request, in accordance with this Act incurs no civil or criminal liability by
doing so.
32—Failure
by medical practitioner to comply with Act constitutes proper cause for
disciplinary action
A failure by a medical practitioner to comply with a requirement of this
Act in relation to the making or carrying out of a voluntary euthanasia request
will be taken to constitute proper cause for disciplinary action against the
medical practitioner for the purposes of the Health Practitioner Regulation
National Law.
(1) A medical practitioner or other person must not require a fee to be
paid (whether by the person the subject of a voluntary euthanasia request or
otherwise) in relation to the making or carrying out of a voluntary euthanasia
request 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.
34—False
or misleading representations
(1) A person must
not make a false or misleading representation in a voluntary euthanasia request
or other document under this Act, knowing it to be false or
misleading.
Maximum penalty: Imprisonment for 10 years.
(2) A person must not make a false or misleading representation to the
Registrar in relation to a revocation, or purported revocation, of a voluntary
euthanasia request, knowing it to be false or misleading.
Maximum penalty: Imprisonment for 10 years.
A person must not, by dishonesty or undue influence, induce another to make
a voluntary euthanasia request.
Maximum penalty: Imprisonment for 10 years.
36—Certain
persons to forfeit interest in estate
A person convicted or found guilty of an offence against
section 34 or
section 35
forfeits any interest that the person might otherwise have had in the estate of
the person who has made the voluntary euthanasia request.
(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.
A person must not publish by newspaper, radio, television or in any other
way, a report tending to identify a person as carrying out, or being involved in
the carrying out of, a voluntary euthanasia request, unless—
(a) the person consents to the publication; or
(b) the person has been charged with an offence in relation to the
carrying out or purported carrying out of a voluntary euthanasia
request.
Maximum penalty: $5 000 or imprisonment for 1 year.
For the purposes of the law of this State, and for any other purpose, the
death of a person resulting from the carrying out of a voluntary euthanasia
request in accordance with this Act—
(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.
(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 the carrying out of a voluntary euthanasia request if it was
carried out in accordance with this Act.
(2) A person is not obliged to disclose a voluntary euthanasia request to
an insurer, and an insurer must not ask a person to disclose whether the person
has made a voluntary euthanasia request.
Maximum penalty: $10 000.
(3) This section applies despite an agreement between a person and an
insurer to the contrary.
(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 voluntary euthanasia request in accordance with this Act; or
(b) carries out, or assists in the carrying out of, a voluntary euthanasia
request 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.
(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.
(1) The Social Development Committee of Parliament must review the
operation of this Act as soon as practicable after the expiry of 2 years
from its commencement.
(2) The Social Development Committee must ensure that, as part of the
review, reasonable steps are taken to seek submissions from:
(a) State agencies that have an interest in public health; and
(b) prescribed health and community organisations,
(but may otherwise conduct the review in such manner as it thinks fit under
the Parliamentary
Committees Act 1991).
(1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Act.
(2) Without limiting the generality of
subsection (1) the
regulations may—
(a) create offences punishable by a fine not exceeding
$10 000;
(b) make provisions facilitating proof of the commission of offences
against the regulations.
(3) Regulations under this Act may—
(a) be of general application or limited application;
(b) make different provision according to the matters or circumstances to
which they are expressed to apply;
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or the
Board.
Schedule 1—Voluntary
euthanasia request form (
section 18)
Form 1—Voluntary euthanasia request
form
1 I
state full name and residential address of the person making the
request
make a voluntary euthanasia request.
2 I believe that I am presently terminally ill and intend the request to
be carried out in accordance with the directions given below.
3 I am not acting under any form of duress, inducement or undue
influence.
4 I have received the information as required under
section 16(2)(a) of
the Ending
Life with Dignity Act 2013.
5 I give the following directions about the timing, place and method of
voluntary euthanasia:
State directions. If any of these matters are to be left to the
discretion of a medical practitioner, there should be a statement to that
effect.
Signature:
Date:
Witnesses' certificate
We
state the names and addresses of the 2 adult witnesses to the
request
certify that—
(a) the above voluntary euthanasia request was made in our presence;
and
(b) the person who made the request appeared to be of sound mind and
appeared to understand the nature and implications of the request; and
(c) the person who made the request did not appear to be acting under any
form of duress, inducement or undue influence.
Signature:
Signature:
Medical practitioner's certificate
I
state the name and address of the medical practitioner in whose
presence the request is made
certify that—
(a) the above voluntary euthanasia request was made in my presence;
and
(b) the person who made the request appeared to be of sound mind and
appeared to understand the nature and implications of the request; and
(c) the person who made the request did not appear to be acting under any
form of duress, inducement or undue influence; and
(d) before the above request was made I provided the person making the
request with the information as required under
section 16(2)(a) of
the Ending
Life with Dignity Act 2013; and
(e) after examining the person making the above request—
* I have no reason to suppose that the person is suffering from treatable
clinical depression; or
* I have found that the person does exhibit symptoms of depression but I
am of the opinion that treatment for depression, or further treatment for
depression, is unlikely to influence the person's decision to request voluntary
euthanasia; or
* I am satisfied that the person has obtained a certificate from a
psychiatrist in accordance with
section 16(2)(d) of
the Ending
Life with Dignity Act 2013.
* delete whichever statement is inapplicable
Signature:
Schedule 2—Certificate
of confirmation (
section 28(1)(e))
Form 1—Certificate of
confirmation
I
state full name and address of the medical practitioner giving the
certificate of confirmation
certify as follows:
1 I personally examined
state full name and residential address of the
patient
at
state place of examination
at
state time of
examination
on
state date of examination
.
2 I am not involved in the day to day treatment or care of the
patient.
3 I find the patient to be suffering from the following illness:
state description of the patient's illness
4 In my opinion the patient is terminally ill for the following
reasons:
state reasons for believing the patient to be terminally
ill
5 After examining the patient—
* I have no reason to suppose that the patient is suffering from treatable
clinical depression; or
* I find that the patient did exhibit symptoms of depression but I am of
the opinion that treatment for depression, or further treatment for depression,
is unlikely to influence the patient's decision to request voluntary euthanasia;
or
* I am satisfied that the person has obtained a certificate from a
psychiatrist in accordance with of the Ending
Life with Dignity Act 2013.
*delete whichever statement is inapplicable
Signature:
Date:
Schedule 3—Report
to State Coroner (
section 30)
Form 1—Report to State Coroner
I
state full name and address of the medical practitioner who carried
out the voluntary euthanasia request
carried out the voluntary euthanasia
request of
state full name and residential address of the patient
at
state place of administration
on
state date of
administration
.
1 The patient had been in my care for
state the period
.
2 The nature of the patient's illness was as follows:
state description of the patient's illness
3 In my opinion the patient was terminally ill for the following
reasons:
state reasons for believing the patient to be terminally
ill
4 After examining the patient—
* I had no reason to suppose that the patient was suffering from treatable
clinical depression; or
* I found that the patient did exhibit symptoms of depression but I am of
the opinion that treatment for depression, or further treatment for depression,
was unlikely to influence the patient's decision to request voluntary
euthanasia; or
* I was satisfied that the person had obtained a certificate from a
psychiatrist in accordance with
section 16(2)(d) of
the Ending
Life with Dignity Act 2013
*delete whichever statement is inapplicable
5 The voluntary euthanasia request was carried out as described
below:
state time, place and method of carrying out the request
6 The death ensued as follows:
state time, place and manner of death
Signature:
Date:
Note—
This report must be accompanied by—
(a) a copy of the person's voluntary euthanasia request; and
(b) the certificate of confirmation given by another medical practitioner
under
section 28(1)(e)
of the Ending
Life with Dignity Act 2013.