Adjudication No. 915 (April 1997) [1997] APC 16

ADJUDICATION No. 915 (April 1997)

The Australian Press Council has dismissed a complaint from Dr Robert Marr about an article "Disarray over Territory death law" published in The Australian on 8 April 1997.

The first edition of the newspaper included two paragraphs expressing the views of Dr Marr as spokesman for the Coalition of Voluntary Euthanasia Organisations. They were not published in the second edition. Dr Marr says his main complaint is not in the removal of his personal comments but that "there was clear bias in the volume and positioning of anti-euthanasia groups comments with lack of balancing comments".

The main theme in the article was that a clarification of the role of specialists in the Northern Territory voluntary euthanasia law had deepened already existing confusion regarding signatures on the consent form. That there was confusion is evident. Northern Territory Attorney General, Mr Burke, admitted the law had been widely misunderstood. Federal AMA president, Dr Woollard, said he was still confused about the technical detail of the legislation. Mr Burke also disagreed with Dr Woollard and Professor Smallwood, President of the Royal Australian College of Physicians, on what was a doctor's duty of care.

The article stated that the search for a specialist willing to sign the form had been a stumbling block in both uses of the law. The Territory AMA did not disclose information regarding the requirements of a specialist signature for fear of encouraging the practice of euthanasia. Darwin endocrinologist, Dr Howard, said Territory specialists knew they did not have to sign a consent form but most were not prepared to be involved with euthanasia. Both Mr Burke and Dr Woollard were quoted on their opposition to the voluntary euthanasia legislation.

Dr Marr complains that readers would gather from the story that Dr Philip Nitschke was the only one defending the situation in the Northern Territory and that his quotes were mainly in defence of himself. This is partly true but the same could be said of Dr Howard in her defence of specialists.

However the newspaper did state that Dr Nitschke and other proponents of the law were arguing that there was a lack of specialists in the Northern Territory practising in potentially fatal diseases. Early prominence was given to Dr Nitschke's request for the regulations to be changed to allow all Australian specialists to participate in the voluntary euthanasia procedures.

Further support for voluntary euthanasia include Mr Burke's defence of the legislation, David Mills' criticism of his wife's prolonged suffering and his call for a referendum on euthanasia.

The Australian Press Council considers that The Australian gave a balanced report on problems associated with the Northern Territory legislation at that time. Their case is further strengthened by the prompt publication of a letter from Dr Marr .