Voluntary Assisted Dying Act 2017 (Victoria)

Last updated

Voluntary Assisted Dying
Victoria Parliament House Melbourne.jpg
Parliament of Victoria
  • Voluntary Assisted Dying Act 2017
Citation61/2017
Passed by Parliament of Victoria
Passed29 November 2017
Royal assent 5 December 2017 [1]
Commenced19 June 2019
Legislative history
Bill titleVoluntary Assisted Dying Bill 2017 [2]
Introduced by Hon. Jill Hennessy MP
First reading 20 September 2017
Second reading 18 October 2017
Third reading 20 October 2017
Member in Charge Hon. Gavin Jennings MLC
First reading20 October 2017
Second reading3 November 2017
Third reading22 November 2017
Amended by
Legislative Council [3]
Summary
To provide for and regulate access to voluntary assisted dying
Keywords
Euthanasia, Right to die
Status: Current legislation

On 29 November 2017, Victoria became the first Australian state to pass legislation allowing assisted suicide. The law gives anyone suffering a terminal illness, with less than six months to live, the right to end their life. The law had an 18-month implementation period, and came into effect on 19 June 2019. [4]

Contents

The Bill

On 20 September 2017, the Voluntary Assisted Dying Bill 2017 was introduced into the Legislative Assembly of the Victorian Parliament by the Andrews Labor Government. The bill is modelled on the recommendations of an expert panel chaired by former Australian Medical Association president Professor Brian Owler. The proposed legislation was said by proponents to be the most conservative in the world; it contains 68 safeguards including measures designed to protect vulnerable people from coercion and abuse, as well as a Review Board to promote compliance. [5] [6] Labor and Coalition MPs were allowed a conscience vote on the Bill. [7] [8]

The bill was debated in the lower house over three sitting days, passing the assembly without amendment on 20 October 2017 after an emotional and tense debate [9] which lasted more than 24 hours. [10] The bill was passed by 47 votes to 37. [11] The bill moved to the Legislative Council for debate.

Former Prime Minister Paul Keating spoke out against the passing of the bill to the upper house saying "the passage of the Voluntary Assisted Dying Bill through the Victorian lower house is truly a sad moment for the whole country." [12]

The Prime Minister at the time, Malcolm Turnbull, who is also against euthanasia, said:

It is the Victorian parliament's job to do this, I'm not a supporter of euthanasia but I have been following the debate and it would be very interesting to see if their upper house passes it and what follows on from it. ... Federal law prevails over a state law but only in an area that both the Commonwealth and the state parliament have jurisdiction, so you've got to begin with an area where the federal parliament has jurisdiction. [13]

On 14 November 2017, the government agreed to a series of amendments designed to garner further support for the bill in the council. For terminally ill adults in severe pain and with only 12 months to live, the deadline to access lethal drugs was cut to six months, except for sufferers of neurodegenerative conditions such as motor neurone disease and multiple sclerosis. Additionally, an amendment restricting this scheme to people who have lived in Victoria for 12 months was accepted, as was a requirement for a death to be documented as assisted dying, in addition to noting the underlying disease. Funding for palliative care in regional areas was also increased as part of the agreement. [14] On 22 November 2017, the bill in its amended form passed the council by 22 votes to 18, after a marathon sitting lasting more than 28 hours. [15]

The bill returned to the Legislative Assembly for consideration of the council's amendments. The Assembly approved of the council's amendments on 29 November 2017. In passing the legislation, Victoria became the first state to legalise assisted suicide. The law received royal assent on 5 December 2017, and came into effect on 19 June 2019. [16] [17] The 18-month period allowed for implementation of the scheme including establishment of a review board.

Reactions

Kathy Eagar, the executive director of the Australian Palliative Care Outcomes Collaboration, and director of the Australian Health Services Research Institute at the University of Wollongong, has analysed the statistics surrounding euthanasia internationally, and says the law is limited. According to Eagar, the most important reason people choose euthanasia is that they don't want to lose their independence and autonomy. She believes euthanasia is a social issue and not a health issue, and maintains that less than one in five people choose euthanasia due to pain. [18]

They've been very careful and very cautious in the approach, but a lot of the people who've been very strong advocates for euthanasia are not people with a life expectancy of less than 12 months. They are people living with debilitating conditions for many, many years and they won't be eligible for voluntary assisted dying under the legislation... "The conversation about, 'I am doing this because I want to make existential choices about the end of my life', that's a much harder conversation to have as a community, but it is the one we need." [18]

Kathy Eagar

Lorraine Baker, the Victorian President of the Australian Medical Association, said that the passing of the legislation marked a "significant shift" in medical practice in Victoria, but the conscientious objection provisions contained in the legislation would ensure that doctors would not be forced into taking part in voluntary assisted dying. [19]

The outcome of this parliamentary vote will cause anguish for some members of our profession, as well as the public...(doctors should not be involved in) interventions that have as their primary intention the ending of a person's life

Lorraine Baker, The Age newspaper 22 November 2017 [19]

Euthanasia advocate Philip Nitschke called the law "beg and grovel legislation" because people will only be able to access it as a privilege granted in extremis rather than as a right to be accessed at a time nominated by the patient. [20]

First use

Kerry Robertson was the first person to be granted a permit under the Voluntary Assisted Dying Act. Robertson was diagnosed with breast cancer in 2010 and was declared cancer free after surgery, chemotherapy and radiation treatment. Four years later she developed a tumour in her in bones, that spread to her lungs and brain. When the cancer spread to her liver Robertson ceased treatment. Her palliative care team was unable to ease the pain. Robertson applied for the permit on the first day the act came into force, 19 June 2019, citing "loss of joy" as her reason. Robertson ended her life on 15 July 2019 at the age of 61 with her two daughters, and best friend by her side. [21]

See also

External videos
Nuvola apps kaboodle.svg Fact check: Has assisted dying been a legal slippery slope overseas? [22]

Related Research Articles

<span class="mw-page-title-main">Assisted suicide</span> Suicide undertaken with aid from another person

Assisted suicide – alternately referred to as medical aid in dying – means a procedure in which people take medications to end their own lives with the help of others, usually medical professionals. The term usually refers to physician-assisted suicide (PAS), which is an end of life measure for a person suffering a painful, terminal illness. Once it is determined that the person's situation qualifies under the physician-assisted suicide laws for that location, the physician's assistance is usually limited to writing a prescription for a lethal dose of drugs.

<span class="mw-page-title-main">Rights of the Terminally Ill Act 1995</span> Law of the Northern Territory, Australia

The Rights of the Terminally Ill Act 1995 (NT) was a controversial law legalising euthanasia in the Northern Territory of Australia, which was passed by the territory's Parliament in 1995. The Act was passed by the Northern Territory Legislative Assembly on 25 May 1995 by a vote of 15 to 10, received the Administrator's assent on 16 June 1995, and entered into force on 1 July 1996. A year later, a repeal bill was brought before the Northern Territory Parliament in August 1996, but was defeated by 14 votes to 11.

The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of this right is often understood that a person with a terminal illness, incurable pain, or without the will to continue living, should be allowed to end their own life, use assisted suicide, or to decline life-prolonging treatment. The question of who, if anyone, may be empowered to make this decision is often the subject of debate.

<span class="mw-page-title-main">Parliament of Victoria</span> Bicameral legislature of the Australian state of Victoria

The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 26 November 2022, sworn in on 20 December 2022 and is the 60th parliament in Victoria.

<span class="mw-page-title-main">Suicide legislation</span> Laws concerning suicide around the world

Suicide is a crime in some parts of the world. However, while suicide has been decriminalized in many countries, the act is almost universally stigmatized and discouraged. In some contexts, suicide could be utilized as an extreme expression of liberty, as is exemplified by its usage as an expression of devout dissent towards perceived tyranny or injustice which occurred occasionally in cultures such as ancient Rome, medieval Japan, or today's Tibet Autonomous Region.

<span class="mw-page-title-main">Daniel Andrews</span> Premier of Victoria from 2014 to 2023

Daniel Michael Andrews is an Australian former politician who served as the 48th premier of Victoria from 2014 to 2023. He held office as the leader of the Victorian branch of the Australian Labor Party (ALP) from 2010 and was a member of the Victorian Legislative Assembly (MLA) for the district of Mulgrave from 2002 until his resignation in 2023. Andrews is the longest-serving Labor premier and fourth-most-tenured premier in Victorian state history.

<span class="mw-page-title-main">Legality of euthanasia</span>

The legality of euthanasia varies depending on the country. Efforts to change government policies on euthanasia of humans in the 20th and 21st centuries have met limited success in Western countries. Human euthanasia policies have also been developed by a variety of NGOs, most notably medical associations and advocacy organizations. As of 2023, euthanasia is legal in Belgium, Canada, Colombia, Luxembourg, the Netherlands, New Zealand, Portugal, Spain and all six states of Australia. Euthanasia was briefly legal in the Northern Territory between 1996 and 1997, but was overturned by a federal law. In 2021, a Peruvian court allowed euthanasia for a single person, Ana Estrada.

Reason Australia, commonly referred to as the Reason Party or as simply Reason, is an Australian political party founded in 2017. Its leader, Fiona Patten, describes the party as a "civil libertarian alternative". Patten was elected to the Victorian Legislative Council as at the 2018 state election in the Northern Metropolitan Region, after formerly being elected as a Sex Party member for the same seat in the 2014 state election.

Euthanasia became legal in New Zealand when the End of Life Choice Act 2019 took full effect on 7 November 2021. It is illegal to "aid and abet suicide" under Section 179 of the New Zealand Crimes Act 1961. The clauses of this act make it an offence to "incite, procure or counsel" and "aid and abet" someone else to commit suicide, regardless of whether a suicide attempt is made or not. Section 179 covers both coercion to undertake assisted suicide and true suicide, such as that caused by bullying. This will not change under the End of Life Choices Act 2019, which has provisions on coercion of terminally ill people.

<span class="mw-page-title-main">Euthanasia in Australia</span> Legal history of euthanasia in Australia

Laws regarding euthanasia or assisted suicide in Australia are matters for state and territory governments. As of May 2022 all states have passed legislation creating an assisted suicide scheme for eligible individuals. These laws typically refer to assisted suicide as "voluntary assisted dying".

<span class="mw-page-title-main">LGBT rights in Victoria</span>

The Australian state of Victoria is regarded as one of the most progressive jurisdictions with respect to the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people.

<span class="mw-page-title-main">Constitution of Victoria</span> Legislation that constitutes the state of Victoria, Australia

The Constitution of Victoria is the constitution of the state of Victoria, Australia. The current constitution, the Constitution Act 1975 was enacted in 1975, and has been amended several times.

<span class="mw-page-title-main">Euthanasia Laws Act 1997</span> Act of the Parliament of Australia

The Euthanasia Laws Act 1997 (Cth) was an Act of the Parliament of Australia to amend the Northern Territory (Self-Government) Act 1978, the Australian Capital Territory (Self-Government) Act 1988 and the Norfolk Island Act 1979 to remove the power of the Parliament of each of those territories to legalise euthanasia. The law was enacted in response to the enactment of the Rights of the Terminally Ill Act 1995 (NT) by the Parliament of the Northern Territory which had legalised euthanasia in the Territory. The Act was repealed by the Restoring Territory Rights Act 2022, which was passed by the federal parliament in December 2022.

The Voluntary Euthanasia Party (VEP) was a minor political party in Australia, founded in early 2013 by Corey McCann to advocate for legislative change to allow voluntary euthanasia in Australia. The party's inception was strongly supported by Dr Philip Nitschke, director of Exit International and Richard Mills, then President of Dying with Dignity NSW.

Emma Jayne Kealy is an Australian politician. She has been a National Party member of the Victorian Legislative Assembly since November 2014, representing the Legislative Assembly seat of Lowan.

<span class="mw-page-title-main">End of Life Choice Act 2019</span> Act of Parliament in New Zealand

The End of Life Choice Act 2019 is an Act of Parliament in New Zealand that gives people with a terminal illness the option of receiving assisted suicide or euthanasia. The act came into force on 7 November 2021, twelve months after the 2020 euthanasia referendum was declared in favour of the legislation.

Western Australia was the second Australian state to legalise voluntary assisted dying, after Victoria. The Voluntary Assisted Dying Act 2019 was passed into law on 19 December 2019, and came into effect on 1 July 2021.

<span class="mw-page-title-main">47th Parliament of Australia</span> Current meeting of Parliament of Australia

The 47th Parliament of Australia is the current meeting of the legislative body of the Commonwealth of Australia, composed of the Australian Senate and the Australian House of Representatives. The May 2022 federal election gave the Australian Labor Party control of the House; Labor won 77 seats, and gained an additional seat in April 2023 due to its victory in the Aston by-election, giving it a three-seat majority government. Labor leader Anthony Albanese became the 31st Prime Minister of Australia, and was sworn in by the Governor-General David Hurley on 23 May 2022. The 47th Parliament opened in Canberra on 26 July 2022.

<span class="mw-page-title-main">57th Parliament of Queensland</span>

The 57th Parliament of Queensland is the current meeting of the unicameral chamber of the Queensland Parliament known as the Legislative Assembly. The 2020 state election gave the Labor Party a majority (control) in parliament, winning fifty-two of ninety-three seats (55.91%). The First day of the opening of the 57th Parliament of Queensland was 24 November 2020.

References

  1. "Voluntary Assisted Dying Bill 2017". legislation.vic.gov.au. Archived from the original on 8 January 2018. Retrieved 8 January 2017.
  2. "Voluntary Assisted Dying Bill 2017" (PDF). legislation.vic.gov.au. Archived from the original on 2 December 2017. Retrieved 2 December 2017.
  3. "VOLUNTARY ASSISTED DYING BILL 2017 (Amendments made by the Legislative Council)" (PDF). legislation.vic.gov.au. 22 November 2017. Archived (PDF) from the original on 2 December 2017. Retrieved 2 December 2017.
  4. "Voluntary Assisted Dying". Health.vic.
  5. Edwards, Jean (19 September 2017). "Victoria's assisted dying bill to hit Parliament, to be voted on by end of year". abc.net.au. Archived from the original on 20 September 2017. Retrieved 20 September 2017.
  6. "Voluntary Assisted dying Act 61/2017, Section 93".
  7. "Premier's Department Historic Voluntary Assisted Dying Bill Now In Parliament". premier.vic.gov.au. 20 September 2017. Archived from the original on 20 September 2017. Retrieved 20 September 2017.
  8. Johnston, Matt; Hore, Monique (20 September 2017). "Assisted dying Bill before parliament includes safeguards to prevent encouraging euthanasia". heraldsun.com.au. Retrieved 20 September 2017.
  9. Johnsoton, Matt; Alison, Genevieve (20 October 2017). "Voluntary euthanasia laws pass lower house in marathon session". heraldsun.com.au. Retrieved 20 October 2017.
  10. "Historic euthanasia laws pass Victoria's lower house after marathon sitting". The Age. 20 October 2017. Retrieved 20 October 2017.
  11. "Euthanasia: Voluntary Assisted Dying Bill passes Victoria's Lower House after 26-hour debate". ABC News. 20 October 2017. Retrieved 20 October 2017.
  12. Kenny, Mark (20 October 2017). "Victoria has just voted to remove its most basic human right: Paul Keating". smh.com.au. Archived from the original on 20 October 2017. Retrieved 20 October 2017.
  13. Hutchinson, Samantha; Brown, Greg (20 October 2017). "Euthanasia bill passes Victorian parliament". theaustralian.com.au. Retrieved 20 October 2017.
  14. "Euthanasia: Victoria's Voluntary Assisted Dying Bill likely to pass with amendments". ABC News. 14 November 2017.
  15. "Voluntary assisted dying bill passes Victoria's Upper House, state set to make history". ABC News. 22 November 2017.
  16. "Euthanasia: Victoria becomes the first Australian state to legalise voluntary assisted dying". ABC News. 29 November 2017.
  17. "Voluntary Assisted Dying Act 2017" (PDF). legislation.vic.gov.au. 5 December 2017. Archived (PDF) from the original on 8 June 2018. Retrieved 8 June 2018.
  18. 1 2 Jackson, Elizabeth (2 December 2017). "Euthanasia: It's not just about unbearable pain, it's about self determination, expert says". abc.net.au. Archived from the original on 2 December 2017. Retrieved 2 December 2017.
  19. 1 2 Preiss, Benjamin (22 November 2017). "Historic euthanasia laws pass Victorian upper house". theage.com.au. Archived from the original on 5 December 2017. Retrieved 6 December 2017.
  20. Manch, Thomas (8 November 2018). "Euthanasia pioneer warns of 'beg and grovel' legislation". Stuff.nz.co. Retrieved 9 November 2018.
  21. Cunningham, Melissa (4 August 2019). "She left with courage and grace': Daughters farewell Victoria's first person to access assisted dying". theage.com.au. Archived from the original on 4 August 2019. Retrieved 4 August 2019.
  22. "Fact check: Has assisted dying been a legal slippery slope overseas?". abc.net.au. 21 November 2017. Archived from the original on 6 December 2017. Retrieved 6 December 2017.

Further reading