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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Voluntary Euthanasia Bill 2010
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Purpose of Act 5
5. No obligation 5
6. Request 5
7. Witnesses to the request 7
8. Referral of request to medical practitioner 7
9. Procedure following agreement to assess a request 8
10. Second request 10
11. Administration of euthanasia 13
12. Revocation of request 15
13. Cessation of sound mind 15
14. Reporting 16
15. Immunity from criminal or civil liability 18
16. Certain persons not to benefit from an applicant's
death 18
17. Contracts and insurance 18
18. Improper conduct 19
19. General 19
108--1B page i
Voluntary Euthanasia Bill 2010
Contents
Schedule
Part 1 -- Applicant's request (Sections 6 and 7
of the Act)
Part 2 -- Assessing medical practitioners'
confirmation (Section 9 of the Act)
Part 3 -- Second request (Section 10 of the Act)
Part 4 -- Observing medical practitioner's
confirmation (Section 11 of the Act)
page ii
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon. Robin Chapple, MLC)
Voluntary Euthanasia Bill 2010
A Bill for
1 An Act to provide for the administration of voluntary euthanasia.
The Parliament of Western Australia enacts as follows:
page 1
Voluntary Euthanasia Bill 2010
s. 1
1 1. Short title
2 This Act is the Voluntary Euthanasia Act 2010.
3 2. Commencement
4 This Act comes into operation on the day on which it receives
5 the Royal Assent.
6 3. Terms used
7 In this Act, unless the contrary intention appears --
8 applicant means a person who makes a request for the
9 administration of euthanasia in accordance with this Act;
10 application means an applicant's application for the
11 administration of euthanasia, which comprises each of the
12 following documents --
13 (1) the request; and
14 (2) the assessing medical practitioners' confirmation; and
15 (3) the second request; and
16 (4) the observing medical practitioner's confirmation;
17 applicant's medical practitioner means the assessing medical
18 practitioner who agrees under subsection 8(1) to assess a request
19 from an applicant;
20 assessing medical practitioner means a medical practitioner
21 who assesses an applicant's request under subsection 9(1), who
22 is neither a near relative of the relevant applicant, nor --
23 (1) an authorised signatory;
24 (2) a witness;
25 (3) an observing medical practitioner; or
26 (4) an independent interpreter,
27 for the purposes of the relevant applicant's application;
28 assessing medical practitioners' confirmation means the
29 assessing medical practitioners' confirmation regarding an
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Voluntary Euthanasia Bill 2010
s. 3
1 applicant's request made in accordance with this Act and in the
2 form set out in Part 2 of the Schedule;
3 authorised signatory means --
4 (1) the donee of a valid power of attorney created by the
5 relevant applicant; or
6 (2) a person authorised by law to make declarations who is
7 not a near relative of the relevant applicant,
8 who is neither --
9 (3) an assessing medical practitioner;
10 (4) a witness;
11 (5) an observing medical practitioner; nor
12 (6) an independent interpreter,
13 for the purposes of the relevant applicant's application;
14 euthanasia means a gentle and peaceful death achieved through
15 the deliberate administration of a recognised drug to an
16 applicant by that applicant's medical practitioner in
17 concentrations that will and is intended to cause the death of the
18 applicant, where the applicant knows and intends that what is
19 done or omitted to be done will cause his or her death;
20 independent interpreter means an interpreter fluent in both
21 spoken and written forms of the languages spoken by each of
22 the applicant and the applicant's medical practitioner, who is
23 neither a near relative of the relevant applicant, nor --
24 (1) an authorised signatory;
25 (2) a witness;
26 (3) an observing medical practitioner; or
27 (4) an assessing medical practitioner,
28 for the purposes of the relevant applicant's application;
29 medical practitioner means a person who is registered as a
30 medical practitioner under the Medical Practitioners Act 2008
31 and who has been so registered for the previous 5 consecutive
32 years;
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s. 3
1 near relative of an applicant means --
2 (1) a parent, child, grandparent, grandchild, brother or sister
3 of that applicant (including, for clarity, half-siblings,
4 step-parents, step-grandparents, step-grandchildren and
5 step-siblings and such relationships created through
6 adoption); or
7 (2) the spouse or de facto partner of that applicant or of a
8 person referred to in paragraph (1); or
9 (3) an employee of that applicant or of a person referred to
10 in paragraphs (1) or (2);
11 observing medical practitioner means a medical practitioner
12 who performs the functions set out in subsection 11(4) who is
13 neither a near relative of the relevant applicant, nor --
14 (1) an authorised signatory;
15 (2) a witness;
16 (3) an assessing medical practitioner; or
17 (4) an independent interpreter,
18 for the purposes of the relevant applicant's application;
19 observing medical practitioner's confirmation means the
20 observing medical practitioners' confirmation made in
21 accordance with this Act and in the form set out in Part 4 of the
22 Schedule;
23 recognised drug means a drug or drugs appropriate to
24 administer euthanasia to a person, being those drugs prescribed
25 by the regulations, in the quantities prescribed by the
26 regulations, administered in the manner prescribed by the
27 regulations;
28 request means an applicant's request for the administration of
29 euthanasia made in accordance with this Act and in the form set
30 out in Part 1 of the Schedule;
31 second request means an applicant's second request for the
32 administration of euthanasia made in accordance with this Act
33 and in the form set out in Part 3 of the Schedule; and
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Voluntary Euthanasia Bill 2010
s. 4
1 terminal illness means a medically diagnosed illness or
2 condition that will, in reasonable medical judgement, in the
3 normal course and without application of extreme measures,
4 result in the death of the applicant within 2 years of the date on
5 which the request was made.
6 4. Purpose of Act
7 It is the purpose of this Act to provide immunity from criminal
8 or civil liability to a person who does or omits to do any thing
9 that is required to give effect to the provisions of this Act,
10 provided that what is done or omitted to be done, is done in
11 accordance with this Act.
12 5. No obligation
13 No person may be compelled to do or omit to do any thing
14 required or permitted under this Act if that act or omission is
15 contrary to that person's conscience or beliefs.
16 6. Request
17 (1) A person who --
18 (a) is of sound mind; and
19 (b) is aged 21 years or over; and
20 (c) is ordinarily resident in Western Australia and has been
21 so ordinarily resident for the previous 3 consecutive
22 years; and
23 (d) can communicate his or her intentions; and
24 (e) has a terminal illness; and
25 (f) is experiencing pain, suffering or debilitation that --
26 (i) is considerable; and
27 (ii) is related to the relevant terminal illness; and
28 (g) has no desire to continue living,
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s. 6
1 may make a request for the administration of euthanasia by
2 signing a request in the form set out in Part 1 of the Schedule
3 whilst not in the presence of any near relative.
4 (2) Subject to this section, if an applicant is physically unable to
5 sign a request, an authorised signatory may sign the request on
6 the applicant's behalf, provided that --
7 (a) the applicant positively indicates to the authorised
8 signatory at the time the authorised signatory signs the
9 applicant's request, that --
10 (i) all of the criteria in subsection 6(1) apply to the
11 applicant; and
12 (ii) the applicant desires that the authorised signatory
13 sign the request on the applicant's behalf; and
14 (b) the authorised signatory --
15 (i) is satisfied on reasonable grounds that all of the
16 criteria in subsection 6(1) apply to the applicant;
17 and
18 (ii) is satisfied on reasonable grounds that the
19 applicant desires that the authorised signatory
20 sign the request on the applicant's behalf; and
21 (iii) is satisfied on reasonable grounds that the
22 applicant is physically unable to sign the request
23 himself or herself; and
24 (iv) signs the request in the presence of the applicant.
25 (3) A request is only valid for the purposes of this Act if it is made
26 in the form prescribed in Part 1 of the Schedule and in
27 accordance with this Act.
28 (4) For the purposes of this Act, a request is made on the date on
29 which it is signed by the relevant applicant (or authorised
30 signatory as the case may be) and witnessed in accordance with
31 this Act.
32 (5) Any subsequent request must be treated for all purposes as if it
33 was an original request.
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s. 7
1 7. Witnesses to the request
2 (1) Subject to this section, an applicant's signature on a request (or
3 an authorised signatory's signature as the case may be) must be
4 witnessed by two persons aged 18 or over, in each other's
5 presence and in the presence of the applicant (and in the
6 presence of the authorised signatory if applicable).
7 (2) For the purposes of subsection (1) --
8 (a) neither witness may be a near relative of the applicant;
9 and
10 (b) neither witness may be an assessing medical practitioner
11 for the purposes of that particular application; and
12 (c) neither witness may be an authorised signatory for the
13 purposes of that particular application; and
14 (d) neither witness may be an observing medical
15 practitioner for the purposes of that particular
16 application; and
17 (e) neither witness may be an independent interpreter for
18 the purposes of that particular application.
19 (3) A request is only validly witnessed for the purposes of this Act
20 if it is witnessed in the form prescribed in Part 1 of the Schedule
21 and in accordance with this Act.
22 8. Referral of request to medical practitioner
23 (1) A request may be referred to a medical practitioner, who may or
24 may not agree to assess that request.
25 (2) If a medical practitioner agrees to assess an applicant's request,
26 he or she must inform the applicant of the following before
27 assessing the applicant's request under section 9 --
28 (a) the nature of the applicant's terminal illness and the
29 applicant's prognosis; and
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Voluntary Euthanasia Bill 2010
s. 9
1 (b) the forms of treatment that are reasonably available to
2 the applicant to treat the applicant's terminal illness and
3 the risks associated with the treatment; and
4 (c) the availability of counselling, psychiatric and other
5 support services for the applicant; and
6 (d) the forms of palliative care that are available to the
7 applicant, and their respective risks and side-effects; and
8 (e) the methods used to administer voluntary euthanasia and
9 the risks associated with those methods; and
10 (f) the applicant's ability to revoke a request at any time.
11 (3) Where an applicant's first language is different from that of the
12 applicant's medical practitioner, the applicant's medical
13 practitioner must engage an independent interpreter to ensure
14 that the provisions of subsection (2) are given proper and
15 informed effect.
16 (4) If an applicant's medical practitioner has no special
17 qualifications in the field of palliative care, the applicant's
18 medical practitioner must ensure that the information he or she
19 provided to the applicant under subsection (2)(d) is also
20 provided to the applicant by a medical practitioner who has
21 special qualifications in the field of palliative care.
22 (5) If a particular medical practitioner does not agree to assess a
23 particular request, an applicant may make that same request to
24 other medical practitioners.
25 9. Procedure following agreement to assess a request
26 (1) If an applicant's medical practitioner has informed the applicant
27 in accordance with subsection 8(2), the applicant's medical
28 practitioner, together with a second assessing medical
29 practitioner, must then assess the applicant's request in
30 accordance with this section.
31 (2) The applicant's medical practitioner and the second assessing
32 medical practitioner must each, separately and independently of
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Voluntary Euthanasia Bill 2010
s. 9
1 one another, examine the applicant, and the applicant's medical
2 files (if any), and determine whether the following apply to the
3 applicant --
4 (a) that all of the criteria in subsection 6(1) apply to the
5 applicant;
6 (b) that the applicant's request is not wholly or substantially
7 referable to, or wholly or substantially a symptom of, a
8 state of clinical depression;
9 (c) that the applicant's request is not wholly or substantially
10 referable to a desire by the applicant to cease to be a
11 burden to family, friends or others;
12 (d) that the applicant does not appear to be acting under
13 duress;
14 (e) that the applicant has made his or her request --
15 (i) freely and voluntarily; and
16 (ii) with full knowledge of the consequences;
17 (f) that the applicant's request is not the result of external
18 pressure;
19 (g) that the applicant has consulted with every person with
20 whom he or she reasonably wishes to consult; and
21 (h) if the applicant's request was not signed by the
22 applicant, that the applicant is physically unable to sign
23 the request.
24 (3) If the applicant's medical practitioner --
25 (a) independently determines on reasonable grounds that all
26 of the criteria in subsection (2) apply to the applicant;
27 and
28 (b) has informed the applicant in accordance with
29 subsection 8(2); and
30 (c) has no reason to believe that any person (including
31 himself or herself) will directly or indirectly receive any
32 financial or other benefit (other than reasonable payment
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Voluntary Euthanasia Bill 2010
s. 10
1 for services) as the result of doing or omitting to do any
2 thing required or permitted under this Act; and
3 (d) determines on reasonable grounds that the applicant's
4 request complies with the requirements of this Act,
5 the applicant's medical practitioner must promptly sign the
6 assessing medical practitioners' confirmation in the form
7 prescribed in Part 2 of the Schedule.
8 (4) If the second assessing medical practitioner independently
9 determines on reasonable grounds that all of the criteria in
10 subsection (2) apply to the applicant, the second assessing
11 medical practitioner must promptly sign the assessing medical
12 practitioners' confirmation in the form prescribed in Part 2 of
13 the Schedule.
14 (5) The confirmations of the assessing medical practitioners made
15 in accordance with this section are only valid for the purposes of
16 this Act if they are made in the form prescribed in Part 2 of the
17 Schedule and in accordance with this Act.
18 (6) If subsections (3) and (4) have been completed, the applicant's
19 medical practitioner must take all reasonable steps to promptly
20 place the signed assessing medical practitioners' confirmation
21 on the applicant's medical file.
22 Penalty: $1 000.
23 (7) Where an applicant's first language is different from that of
24 either or both assessing medical practitioners, the applicant's
25 medical practitioner must engage an independent interpreter to
26 ensure that the provisions of subsections (2), (3) and (4) are
27 given proper and informed effect.
28 10. Second request
29 (1) An applicant who --
30 (a) possesses an application which includes --
31 (i) a request signed by that applicant (or by an
32 authorised signatory as the case may be) in
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s. 10
1 accordance with section 6 and witnessed in
2 accordance with section 7 and
3 (ii) an assessing medical practitioners' confirmation
4 signed by the applicant's medical practitioner in
5 accordance with subsection 9(3); and
6 (iii) an assessing medical practitioners' confirmation
7 signed by a second assessing medical practitioner
8 in accordance with subsection 9(4); and
9 (b) is of sound mind; and
10 (c) can communicate his or her intentions; and
11 (d) has a terminal illness; and
12 (e) is experiencing pain, suffering or debilitation that --
13 (i) is considerable; and
14 (ii) is related to the terminal illness; and
15 (f) has no desire to continue living; and
16 (g) desires that euthanasia be administered to him or her
17 promptly,
18 may sign a second request in the form set out in Part 3 of the
19 Schedule whilst not in the presence of any near relative,
20 provided that the applicant's request was made at least 14 days
21 previously.
22 (2) Subject to this section, if an applicant is physically unable to
23 sign the second request, an authorised signatory may sign the
24 second request on the applicant's behalf, provided that --
25 (a) the applicant positively indicates to the authorised
26 signatory at the time the authorised signatory signs the
27 applicant's second request, that --
28 (i) all of the criteria in subsection 10(1) apply to the
29 applicant; and
30 (ii) the applicant desires that the authorised signatory
31 sign the second request on the applicant's behalf;
32 and
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s. 10
1 (b) the authorised signatory --
2 (i) is satisfied on reasonable grounds that all of the
3 criteria in subsection 10(1) apply to the
4 applicant; and
5 (ii) is satisfied on reasonable grounds that the
6 applicant desires that the authorised signatory
7 sign the second request on the applicant's behalf;
8 and
9 (iii) is satisfied on reasonable grounds that the
10 applicant is physically unable to sign the second
11 request himself or herself; and
12 (iv) signs the second request in the presence of the
13 applicant.
14 (3) Subject to the remainder of this section, an applicant's signature
15 on the second request (or an authorised signatory's signature as
16 the case may be) must be witnessed by two persons aged
17 18 years and over, in each other's presence and in the presence
18 of the applicant (and in the presence of the authorised signatory
19 if applicable).
20 (4) For the purposes of subsection (3) --
21 (a) neither witness may be a near relative of the applicant;
22 and
23 (b) neither witness may be an assessing medical practitioner
24 for the purposes of that particular application; and
25 (c) neither witness may be an authorised signatory for the
26 purposes of that particular application; and
27 (d) one witness must not have previously acted as a witness
28 for the purposes of that particular application; and
29 (e) neither witness may be an observing medical
30 practitioner for the purposes of that particular
31 application; and
32 (f) neither witness may be an independent interpreter for
33 the purposes of that particular application.
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s. 11
1 (5) For the purposes of this Act, a second request is made on the
2 date on which it is signed by the relevant applicant (or
3 authorised signatory as the case may be) and witnessed in
4 accordance with this Act.
5 (6) The second request is only valid for the purposes of this Act if it
6 is made in the form prescribed in Part 3 of the Schedule and in
7 accordance with this Act.
8 11. Administration of euthanasia
9 (1) Subject to this Act, if --
10 (a) an applicant presents the relevant applicant's medical
11 practitioner with an application which includes --
12 (i) a request signed by that applicant (or by an
13 authorised signatory as the case may be) in
14 accordance with section 6 and witnessed in
15 accordance with section 7and
16 (ii) an assessing medical practitioners' confirmation
17 signed by that applicant's medical practitioner in
18 accordance with subsection 9(3); and
19 (iii) an assessing medical practitioners' confirmation
20 signed by a second assessing medical practitioner
21 in accordance with subsection 9(4); and
22 (iv) a second request signed by that applicant (or by
23 an authorised signatory as the case may be) in
24 accordance with section 10 and witnessed in
25 accordance with section 10 and
26 (b) the applicant's medical practitioner is satisfied on
27 reasonable grounds that all of the criteria in
28 subsection 10(1) apply to the applicant; and
29 (c) the applicant's medical practitioner has no reason to
30 believe that any person (including himself or herself)
31 will directly or indirectly receive any financial or other
32 benefit (other than reasonable payment for services) as
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Voluntary Euthanasia Bill 2010
s. 11
1 the result of doing or omitting to do any thing required
2 or permitted under this Act; and
3 (d) the applicant's medical practitioner is satisfied on
4 reasonable grounds that the applicant's application
5 complies with the requirements of this Act; and
6 (e) at least 14 days has elapsed between the date on which
7 the request was made and the date on which the second
8 request was made,
9 that applicant's medical practitioner may then administer
10 euthanasia to the applicant by administration of a recognised
11 drug.
12 (2) An applicant's medical practitioner must use his or her
13 reasonable endeavours to ensure that the wishes of the applicant
14 set out in paragraph 2 of the second request, are carried out.
15 (3) An applicant's medical practitioner must remain with the
16 relevant applicant until death has ensued.
17 (4) An applicant's medical practitioner must ensure that, prior to
18 the administration of euthanasia to an applicant, an observing
19 medical practitioner --
20 (a) sights the applicant's application and confirms that --
21 (i) the identity of the applicant matches the name set
22 out in the application; and
23 (ii) the applicant's application appears to be properly
24 and entirely completed; and
25 (iii) at least 14 days has elapsed between the date on
26 which the request was made and the date on
27 which the second request was made; and
28 (b) observes the type and quantity of recognised drug given
29 to the applicant in order to administer euthanasia and the
30 method used to administer the recognised drug; and
31 (c) is present for the administration of euthanasia to the
32 applicant; and
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Voluntary Euthanasia Bill 2010
s. 12
1 (d) remains with the applicant until death has ensued.
2 (5) An observing medical practitioner who performs the functions
3 set out in subsection (4) must sign the observing medical
4 practitioner's confirmation in the form set out in Part 4 of the
5 Schedule promptly following the death of the applicant.
6 (6) It is unlawful for any person who is not the applicant's medical
7 practitioner to administer euthanasia to the applicant.
8 12. Revocation of request
9 (1) A request may be revoked by an applicant at any time and in
10 any manner which indicates revocation.
11 (2) Once an applicant has revoked his or her request, that request
12 immediately becomes void and the applicant's medical
13 practitioner must take no further action to implement, assess or
14 assist with that request.
15 (3) If an applicant's medical practitioner suspects on any grounds
16 that an applicant might have revoked his or her request, the
17 applicant's medical practitioner must take all reasonable steps to
18 ascertain whether or not that request has been revoked before
19 taking any further action to implement, assess or assist with that
20 applicant's request.
21 (4) In whichever way revocation is made, the applicant's medical
22 practitioner must, promptly following notice of the revocation,
23 take all reasonable steps to note the applicant's medical file
24 accordingly.
25 Penalty: $10 000.
26 (5) The revocation of a request does not prevent the making of a
27 subsequent request.
28 13. Cessation of sound mind
29 If, at any time after a request is made, an applicant's medical
30 practitioner concludes on reasonable grounds that an applicant
page 15
Voluntary Euthanasia Bill 2010
s. 14
1 has ceased to be of sound mind, or has been rendered incapable
2 of communicating his or her intentions --
3 (1) the applicant's request lapses immediately upon the
4 applicant's medical practitioner reaching that
5 conclusion; and
6 (2) the applicant's medical practitioner must promptly take
7 all reasonable steps to note the applicant's medical files
8 accordingly.
9 Penalty: $10 000.
10 14. Reporting
11 (1) A death that ensues as a result of euthanasia administered in
12 accordance with this Act is not, by reason only of that fact, a
13 reportable death within the meaning of section 3 of the
14 Coroners Act 1996 or any provision in substitution of that
15 section.
16 (2) The applicant's medical practitioner is the person responsible
17 for the applicant's medical care immediately before the
18 applicant's death for the purposes of section 44 of the Births
19 Deaths and Marriages Registration Act 1998 and any provision
20 in substitution of that section.
21 (3) After euthanasia is administered to an applicant, the applicant's
22 medical practitioner must, within 4 working days of the
23 applicant's death, give to the Coroner --
24 (a) a written notice setting out the following information --
25 (i) the applicant's medical practitioner's name and
26 address; and
27 (ii) the applicant's name; and
28 (iii) the applicant's, sex, weight and age; and
29 (iv) the applicant's time, date and place of death; and
30 (v) the nature of the applicant's terminal illness; and
31 (vi) the bases on which the applicant's medical
32 practitioner reached the conclusion that each of
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s. 14
1 the criteria in subsection 9(2) applied to the
2 applicant; and
3 (vii) the bases on which the applicant's medical
4 practitioner reached the conclusion that each of
5 the criteria in subsection 10(1) applied to the
6 applicant; and
7 (viii) the manner in which euthanasia was
8 administered to the applicant including the
9 amount and type of recognised drug used; and
10 (b) a copy of the applicant's completed application.
11 Penalty: $1 000.
12 (4) A death that ensues as a result of euthanasia administered in
13 accordance with this Act is to be recorded as a death caused by
14 the terminal illness of the applicant.
15 (5) The Coroner must annually provide a report to the Minister
16 which sets out --
17 (a) any general information regarding the operation of this
18 Act about which the Coroner wishes to report; and
19 (b) a statistical report regarding each of item of information
20 provided to the Coroner under subsections 14(3)(a)(iii)
21 to 14(3)(a)(viii) in the previous 12 months,
22 and the Minister must promptly table the report in Parliament.
23 (6) The Coroner may also, at any time, report to the responsible
24 Minister, and the Minister must promptly table the report in
25 Parliament.
26 (7) The making of a request by an applicant does not of itself
27 constitute fulfilment of the criteria set out in subsections 43(1)
28 or 43(2a) of the Guardianship and Administration Act 1990 or
29 any provision in substitution of those sections.
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s. 15
1 15. Immunity from criminal or civil liability
2 (1) An applicant, the applicant's medical practitioner, the second
3 assessing medical practitioner, the observing medical
4 practitioner and any other person who does or omits to do any
5 thing required or permitted under this Act:
6 (a) does not incur any criminal or civil liability; and
7 (b) is not liable to any disciplinary proceeding; and
8 (c) is not liable to any other negative action from any
9 relevant professional bodies,
10 if what the person did, or omitted to do, in relation to the
11 relevant applicant, was done in accordance with this Act.
12 (2) A person who does not do any thing required or permitted under
13 this Act, but who provides incidental practical or emotional
14 support to the applicant, does not incur any criminal or civil
15 liability by reason of having provided that support.
16 16. Certain persons not to benefit from an applicant's death
17 A person (other than the donee of a valid power of attorney
18 created by the applicant who acts as authorised signatory for the
19 applicant in accordance with this Act) who does anything
20 required or permitted under this Act to or for an applicant
21 forfeits any direct or indirect financial or other benefit (other
22 than reasonable payment for services) that would otherwise
23 have accrued or been vested in that person following the death
24 of that applicant.
25 17. Contracts and insurance
26 (1) Subject to section 16 any right or obligation existing under a
27 will, contract or other agreement, whether made before or after
28 the commencement of this Act, is not affected by the making or
29 rescinding of a request or by the administration of euthanasia to
30 an applicant in accordance with this Act.
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Voluntary Euthanasia Bill 2010
s. 18
1 (2) A policy of insurance or annuity is not affected by the making
2 or rescinding of a request or by the administration of euthanasia
3 to an applicant in accordance with this Act.
4 (3) An insurer may not refuse to make a payment payable under an
5 insurance policy to an applicant, or avoid an applicant's
6 insurance policy on the grounds that the cause of death of the
7 applicant was euthanasia.
8 (4) A death which results from the administration of euthanasia in
9 accordance with this Act is not a death by suicide for the
10 purposes of a policy of insurance or annuity.
11 18. Improper conduct
12 (1) Any person who obtains, or who seeks or agrees to receive, a
13 bribe (which for clarity does not include reasonable payment for
14 services), and any person who gives, or who offers or promises
15 to give, a bribe (which for clarity does not include reasonable
16 payment for services) to a person in order to persuade or
17 dissuade that person to do or omit to do any thing required or
18 permitted under this Act is guilty of a crime and is liable to
19 imprisonment for 7 years.
20 (2) A person who makes any false, dishonest or misleading
21 statement which that person knows to be false, dishonest or
22 misleading, in relation to any thing required or permitted under
23 this Act is guilty of a crime and is liable to imprisonment for
24 7 years.
25 19. General
26 The Governor may make regulations prescribing all matters that
27 are required or permitted by this Act to be prescribed, or are
28 necessary or convenient to be prescribed for giving effect to the
29 purposes of this Act.
30
page 19
Voluntary Euthanasia Bill 2010
Schedule
Part 1 Applicant's request (Sections 6 and 7 of the Act)
1 Schedule
2 [Note: Terms defined in the Act have the same meaning in this Schedule.]
3 Application
4 Part 1 -- Applicant's request (Sections 6 and 7 of the Act)
5 Request
6 I [name of applicant] (applicant), of [address of applicant], make this request
7 for the administration of euthanasia. I confirm that:
8 (1) I am of sound mind; and
9 (2) I am aged 21 years or over; and
10 (3) I am ordinarily resident in Western Australia and have been so
11 ordinarily resident for the previous 3 consecutive years; and
12 (4) I can communicate my intentions; and
13 (5) I have a terminal illness; and
14 (6) I am experiencing pain, suffering or debilitation that:
15 (a) is considerable; and
16 (b) is related to my terminal illness; and
17 (7) I have no desire to continue living.
18 I make this request freely and in the knowledge and with the intent that carrying
19 it into effect will result in my death.
20 _________________________________
21 Signed (Applicant)
22 ___________________________
23 Date
24 [or]
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Voluntary Euthanasia Bill 2010
Schedule
Applicant's request (Sections 6 and 7 of the Act) Part 1
1 I [name of authorised signatory], [occupation of authorised signatory] of
2 [address of authorised signatory] confirm that:
3 (1) I am:
4 (a) the donee of a valid power of attorney created by [name of
5 applicant] (applicant); or [strike out if this does not apply]
6 (b) a person authorised by law to make declarations and I am not a
7 near relative of [name of applicant] (applicant); and [strike out
8 if this does not apply]
9 (2) I am not:
10 (a) a witness;
11 (b) an assessing medical practitioner;
12 (c) an observing medical practitioner; or
13 (d) an independent interpreter,
14 for the purposes of this application; and
15 (3) the applicant has today positively indicated to me that:
16 (a) all of the criteria in subsection 6(1) of the Act apply to him or
17 her; and
18 (b) he or she desires that I sign this request on his or her behalf; and
19 (4) I am satisfied on reasonable grounds that:
20 (a) all of the criteria in subsection 6(1) of the Act apply to the
21 applicant; and
22 (b) the applicant desires that I sign this request on his or her behalf;
23 and
24 (c) the applicant is physically unable to sign this request himself or
25 herself.
26 _________________________________
27 Signed in the presence of the applicant
28 (Authorised signatory)
29 ___________________________
30 Date
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Voluntary Euthanasia Bill 2010
Schedule
Part 1 Applicant's request (Sections 6 and 7 of the Act)
1 Witness declaration - Witness 1
2 I [name of witness], of [address of witness], confirm that:
3 (1) I am aged 18 years or over; and
4 (2) I am not a near relative of [name of applicant] (applicant); and
5 (3) I am not:
6 (a) an authorised signatory;
7 (b) an assessing medical practitioner;
8 (c) an observing medical practitioner; or
9 (d) an independent interpreter,
10 for the purposes of this application; and
11 (4) I witnessed [the applicant signing this request [or] an authorised
12 signatory signing this request on behalf of the applicant].
13 _________________________________
14 Signed in the presence of the applicant
15 and Witness 2 (and authorised signatory if
16 applicable)
17 ___________________________
18 Date
19 (Witness 1)
20 Witness declaration - Witness 2
21 I [name of witness], of [address of witness], confirm that:
22 (1) I am aged 18 years or over; and
23 (2) I am not a near relative of [name of applicant] (applicant); and
24 (3) I am not:
25 (a) an authorised signatory;
26 (b) an assessing medical practitioner;
page 22
Voluntary Euthanasia Bill 2010
Schedule
Assessing medical practitioners' confirmation (Section 9 of the Part 2
Act)
1 (c) an observing medical practitioner; or
2 (d) an independent interpreter,
3 for the purposes of this application; and
4 (4) I witnessed [the applicant signing this request [or] an authorised
5 signatory signing this request on behalf of the applicant].
6 _________________________________
7 Signed in the presence of the applicant
8 and Witness 1 (and authorised signatory if
9 applicable)
10 ___________________________
11 Date
12 (Witness 2)
13 Part 2 -- Assessing medical practitioners' confirmation (Section 9 of
14 the Act)
15 Confirmation - Applicant's medical practitioner
16 I [name of applicant's medical practitioner] of [address of applicant's medical
17 practitioner] having received and agreed to assess a request from [name of
18 applicant] (applicant) for the administration of euthanasia, confirm the
19 following:
20 (1) I am registered as a medical practitioner under the Medical
21 Practitioners Act 2008 and have been so registered for the previous 5
22 consecutive years; and
23 (2) I am not a near relative of the applicant; and
24 (3) I am not:
25 (a) an authorised signatory;
26 (b) a witness;
27 (c) an observing medical practitioner; or
28 (d) an independent interpreter,
29 for the purposes of this application; and
page 23
Voluntary Euthanasia Bill 2010
Schedule
Part 2 Assessing medical practitioners' confirmation (Section 9 of the
Act)
1 (4) I have informed the applicant of:
2 (a) the nature of the applicant's terminal illness and the applicant's
3 prognosis; and
4 (b) the forms of treatment that are reasonably available to the
5 applicant to treat the applicant's terminal illness and the risks
6 associated with the treatment; and
7 (c) the availability of counselling, psychiatric and other support
8 services for the applicant; and
9 (d) the forms of palliative care that are available to the applicant,
10 and their respective risks and side-effects; and
11 (e) the methods used to administer voluntary euthanasia and the
12 risks associated with those methods; and
13 (f) the applicant's ability to revoke a request at any time; and
14 (5) I have separately and independently examined the applicant and the
15 applicant's medical files (if any) and I have independently determined
16 on reasonable grounds that:
17 (a) all of the criteria in subsection 6(1) of the Act apply to the
18 applicant; and
19 (b) the applicant's request is not wholly or substantially referable
20 to, or wholly or substantially a symptom of, a state of clinical
21 depression; and
22 (c) the applicant's request is not wholly or substantially referable to
23 a desire by the applicant to cease to be a burden to family,
24 friends or others; and
25 (d) the applicant does not appear to be acting under duress; and
26 (e) the applicant has made his or her request:
27 (i) freely and voluntarily; and
28 (ii) with full knowledge of the consequences; and
29 (f) the applicant's request is not the result of external pressure; and
page 24
Voluntary Euthanasia Bill 2010
Schedule
Assessing medical practitioners' confirmation (Section 9 of the Part 2
Act)
1 (g) the applicant has consulted with every person with whom he or
2 she reasonably wishes to consult; and
3 (h) if the applicant's request was not signed by the applicant, the
4 applicant is physically unable to sign the request; and
5 (6) I have no reason to believe that any person (including myself) will
6 directly or indirectly receive any financial or other benefit (other than
7 reasonable payment for services) as the result of doing or omitting to
8 do any thing required or permitted under this Act; and
9 (7) I have determined on reasonable grounds that the applicant's request
10 complies with the requirements of this Act.
11 _________________________________
12 Signed (Applicant's medical practitioner)
13 ___________________________
14 Date
15 Confirmation - Second assessing medical practitioner
16 I [name of second assessing medical practitioner] of [address of second
17 assessing medical practitioner] having received and agreed to assess a request
18 from [name of applicant] (applicant) for the administration of euthanasia,
19 confirm the following:
20 (1) I am registered as a medical practitioner under the Medical
21 Practitioners Act 2008 and have been so registered for the previous
22 5 consecutive years; and
23 (2) I am not a near relative of the applicant; and
24 (3) I am not:
25 (a) an authorised signatory;
26 (b) a witness;
27 (c) an observing medical practitioner; or
28 (d) an independent interpreter,
29 for the purposes of this application; and
page 25
Voluntary Euthanasia Bill 2010
Schedule
Part 3 Second request (Section 10 of the Act)
1 (4) I have separately and independently examined the applicant and the
2 applicant's medical files (if any) and I have independently determined
3 on reasonable grounds that:
4 (a) all of the criteria in subsection 6(1) of the Act apply to the
5 applicant; and
6 (b) the applicant's request is not wholly or substantially referable
7 to, or wholly or substantially a symptom of, a state of clinical
8 depression; and
9 (c) the applicant's request is not wholly or substantially referable to
10 a desire by the applicant to cease to be a burden to family,
11 friends or others; and
12 (d) the applicant does not appear to be acting under duress; and
13 (e) the applicant has made his or her request:
14 (i) freely and voluntarily; and
15 (ii) with full knowledge of the consequences; and
16 (f) the applicant's request is not the result of external pressure; and
17 (g) the applicant has consulted with every person with whom he or
18 she reasonably wishes to consult; and
19 (h) if the applicant's request was not signed by the applicant, the
20 applicant is physically unable to sign the request.
21 _________________________________
22 Signed (Second assessing medical practitioner)
23 ___________________________
24 Date
25 Part 3 -- Second request (Section 10 of the Act)
26 Second request
27 I [name of applicant] of [address of applicant], having made a request for the
28 administration of euthanasia on [insert date on which application was both
29 signed and witnessed], which date is at least 14 days before the date on which I
30 make this second request, and having had that request assessed by [insert name
31 of applicant's medical practitioner] and [insert name of second assessing
page 26
Voluntary Euthanasia Bill 2010
Schedule
Second request (Section 10 of the Act) Part 3
1 medical practitioner], make this second request for the prompt administration
2 of euthanasia.
3 I confirm that I:
4 (1) possess:
5 (a) a request signed by myself (or by an authorised signatory as the
6 case may be) in accordance with section 6 and witnessed in
7 accordance with section 7; and
8 (b) an assessing medical practitioners' confirmation signed by
9 [insert name of applicant's medical practitioner] in accordance
10 with subsection 9(3); and
11 (c) an assessing medical practitioners' confirmation signed by
12 [insert name of second assessing medical practitioner] in
13 accordance with subsection 9(4); and
14 (2) am of sound mind; and
15 (3) can communicate my intentions; and
16 (4) have a terminal illness; and
17 (5) am experiencing pain, suffering or debilitation that:
18 (a) is considerable; and
19 (b) is related to the terminal illness; and
20 (6) have no desire to continue living; and
21 (7) desire that euthanasia be administered to me promptly.
22 I wish for euthanasia to be administered to me on [date] at [place] in the
23 presence of [name(s) (if any)] if possible.
24 I make this second request freely and in the knowledge and with the intent that
25 carrying it into effect will result in the administration of euthanasia to me.
26 _________________________________
27 Signed (Applicant)
28 __________________________
29 Date
30 [or]
page 27
Voluntary Euthanasia Bill 2010
Schedule
Part 3 Second request (Section 10 of the Act)
1 I [name of authorised signatory], [occupation of authorised signatory] of
2 [address of authorised signatory] confirm that:
3 (1) I am:
4 (a) the donee of a valid power of attorney created by [name of
5 applicant] (applicant); or [strike out if this does not apply]
6 (b) a person authorised by law to make declarations and I am not a
7 near relative of [name of applicant] (applicant); and [strike out
8 if this does not apply]
9 (2) I am not:
10 (a) a witness;
11 (b) an assessing medical practitioner;
12 (c) an observing medical practitioner; or
13 (d) an independent interpreter,
14 for the purposes of this application; and
15 (3) the applicant has today positively indicated to me that:
16 (a) all of the criteria in subsection 10(1) of the Act apply to him or
17 her; and
18 (b) he or she desires that I sign this request on his or her behalf; and
19 (4) I am satisfied on reasonable grounds that:
20 (a) all of the criteria in subsection 10(1) of the Act apply to the
21 applicant; and
22 (b) the applicant desires that I sign this second request on his or her
23 behalf; and
24 (c) the applicant is physically unable to sign this request himself or
25 herself.
26 _________________________________
27 Signed in the presence of the applicant
28 (Authorised signatory)
29 ___________________________
30 Date
page 28
Voluntary Euthanasia Bill 2010
Schedule
Second request (Section 10 of the Act) Part 3
1 Witness declaration - Witness 3
2 I [name of witness], of [address of witness], confirm that:
3 (1) I am aged 18 years or over; and
4 (2) I am not a near relative of [name of applicant] (applicant); and
5 (3) I am not:
6 (a) an authorised signatory;
7 (b) an assessing medical practitioner;
8 (c) an observing medical practitioner; or
9 (d) an independent interpreter,
10 for the purposes of this application; and
11 (4) [I am not already a witness for the applicant for the purposes of this
12 application; and] [Strike out if this does not apply. Note that if
13 Witness 4 has struck this out, then Witness 3 must NOT already be
14 a witness for the purposes of this request and may NOT strike this
15 part out.]
16 (5) I witnessed [the applicant signing this second request] [or] [an
17 authorised signatory signing this second request on behalf of the
18 applicant].
19 _________________________________
20 Signed in the presence of the applicant
21 and Witness 4 (and authorised signatory if
22 applicable)
23 ___________________________
24 Date
25 (Witness 3)
26 Witness declaration - Witness 4
27 I [name of witness], of [address of witness], confirm that:
28 (1) I am aged 18 years or over; and
29 (2) I am not a near relative of [name of applicant] (applicant); and
page 29
Voluntary Euthanasia Bill 2010
Schedule
Part 4 Observing medical practitioner's confirmation (Section 11 of
the Act)
1 (3) I am not:
2 (a) an authorised signatory;
3 (b) an assessing medical practitioner;
4 (c) an observing medical practitioner; or
5 (d) an independent interpreter,
6 for the purposes of this application; and
7 (4) [I am not already a witness for the applicant for the purposes of this
8 application; and] [Strike out if this does not apply. Note that if
9 Witness 3 has struck this out, then Witness 4 must NOT already be
10 a witness for the purposes of this request and may NOT strike this
11 part out.]
12 (5) I witnessed [the applicant signing this second request] [or] [an
13 authorised signatory signing this second request on behalf of the
14 applicant].
15 _________________________________
16 Signed in the presence of the applicant
17 and Witness 3 (and authorised signatory if
18 applicable)
19 ___________________________
20 Date
21 (Witness 4)
22 Part 4 -- Observing medical practitioner's confirmation (Section 11
23 of the Act)
24 I [name of observing medical practitioner] of [address of observing medical
25 practitioner] confirm the following:
26 (1) I am registered as a medical practitioner under the Medical
27 Practitioners Act 2008 and have been so registered for the previous
28 5 consecutive years; and
29 (2) I am not a near relative of [name of applicant] (applicant); and
page 30
Voluntary Euthanasia Bill 2010
Schedule
Observing medical practitioner's confirmation (Section 11 of the Part 4
Act)
1 (3) I am not:
2 (a) an authorised signatory;
3 (b) a witness;
4 (c) an assessing medical practitioner; or
5 (d) an independent interpreter,
6 for the purposes of this application; and
7 (4) at [insert time and date euthanasia was administered to the
8 applicant] at [insert place where euthanasia was administered to the
9 applicant] I witnessed [insert name of applicant's medical
10 practitioner] administer euthanasia to the applicant; and
11 (5) [insert name of applicant's medical practitioner] administered
12 euthanasia to the application by the administration of [insert amount
13 of recognised drug] of [insert name of recognised drug] by [insert
14 method of administration of recognised drug]; and
15 (6) prior to the administration of euthanasia by [insert name of
16 applicant's medical practitioner] to the applicant, I reviewed the
17 applicant's application and confirmed that:
18 (a) the identity of the applicant matched the name set out in the
19 application; and
20 (b) the applicant's application appeared to be properly and entirely
21 completed; and
22 (c) at least 14 days had elapsed between the date on which the
23 request was made and the date on which the second request was
24 made; and
25 (7) I witnessed the death of the applicant.
26 _________________________________
27 Signed (Observing medical practitioner)
28 ___________________________
29 Date
30
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