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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Voluntary Euthanasia Bill 2016
A BILL FOR
An Act to provide for choices at the end of life.
Contents
4Unbearable and hopeless
suffering
5Impaired decision making
capacity
Division 1—No offence to provide
medical information about voluntary euthanasia
9No
offence to provide medical information about voluntary euthanasia
Division 2—Making a request for
voluntary euthanasia
10Who may make a request for
voluntary euthanasia
11How to make a request
for voluntary euthanasia
12Preliminary examination and
assessment by medical practitioner
13Examination and assessment
by second medical practitioner
14Examination and assessment
by psychiatrist
15Requirements for witnessing
request for voluntary euthanasia
16Revocation of request
for voluntary euthanasia
17Duration of request for voluntary
euthanasia
Division 3—Administration of
voluntary euthanasia
18Authorised methods of administering voluntary
euthanasia
19Administration of
voluntary euthanasia by medical practitioner
20Self-administration of voluntary
euthanasia
21Person etc may decline to administer or assist
in administration of voluntary euthanasia
26False or misleading
statements
27Certain persons to forfeit interest in
estate
31Annual report on operation of
Act
Schedule 1—Related amendments and
transitional provisions
Part 2—Amendment of Advance Care
Directives Act 2013
2Amendment of section 12—Provisions that
cannot be included in advance care directives
Part 3—Amendment of Consent to
Medical Treatment and Palliative Care Act 1995
5Application of Act
in respect of voluntary euthanasia
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Voluntary Euthanasia
Act 2016.
This Act will come into operation—
(a) on a day to be fixed by proclamation; or
(b) 6 months after the day on which it is assented to by the
Governor,
whichever is the sooner.
(1) In this Act—
eligible person—see
section 10
;
medical practitioner means a person registered under the
Health
Practitioner Regulation National Law
in the medical profession (other than as a student);
psychiatrist means a person registered under the
Health
Practitioner Regulation National Law
as a specialist in psychiatry;
request for voluntary euthanasia means a request for
voluntary euthanasia to be administered made in accordance with this
Act;
unbearable and hopeless suffering—see
section 4
;
voluntary euthanasia means the administration of drugs, in
accordance with this Act, to bring about the death of a person who has made a
request for voluntary euthanasia;
voluntary euthanasia request form means a voluntary
euthanasia request form that complies with any requirements set out in the
regulations for the purposes of this definition (including, to avoid doubt, a
requirement that the form be in a prescribed form).
(2) For the purposes of this Act, a reference to a consultation,
examination or assessment of a person by a medical practitioner or psychiatrist
will be taken to include a reference to a consultation, examination or
assessment undertaken remotely by means of a system or scheme of a kind
specified by the regulations.
4—Unbearable
and hopeless suffering
(1) For the purposes of this Act, a person will be taken to be subject to
unbearable and hopeless suffering if—
(a) the person is suffering from a medical condition (whether terminal or
not); and
(b) the person is subject to mental or physical suffering or both
attributable wholly or in part to the medical condition; and
(c) the suffering is unbearable to the person, determined in accordance
with
subsection (2)
; and
(d) the suffering is hopeless, determined in accordance with
subsection (4)
.
(2) In determining
whether a person's suffering is unbearable, the degree to which a
person's suffering is bearable or unbearable is to be determined subjectively,
and need not meet an objective standard.
(3) The question of whether a person's suffering is bearable or unbearable
cannot be challenged or questioned in any proceedings seeking to prevent or
delay the administration of voluntary euthanasia to an eligible
person.
(4) A person's
suffering will be taken to be hopeless if there is no reasonably
available medical treatment that would reduce or relieve the suffering to a
level bearable to the person (and the nature, availability and potential
effectiveness of such medical treatment is to be determined
objectively).
5—Impaired
decision making capacity
(1) For the purposes of this Act, a person will be taken to have an
impaired decision making capacity in respect of a decision to make
a request for voluntary euthanasia if the person is not capable
of—
(a) understanding any information that may be relevant to the decision
(including information relating to the consequences of making the decision);
or
(b) retaining such information; or
(c) using such information in the course of making the decision;
or
(d) communicating his or her decision in any manner.
(2) For the purposes of this Act—
(a) a person will not be taken to be incapable of understanding
information merely because the person is not able to understand matters of a
technical or trivial nature; and
(b) a person will not be taken to be incapable of retaining information
merely because the person can only retain the information for a limited time;
and
(c) a person may fluctuate between having impaired decision making
capacity and full decision making capacity.
(1) Unless the contrary intention expressly appears, this Act applies
despite the provision of any other Act or law.
(2) Nothing in the
Criminal
Law Consolidation Act 1935
, the
Consent
to Medical Treatment and Palliative Care Act 1995
or the
Controlled
Substances Act 1984
or any other Act or law prevents—
(a) a medical practitioner from prescribing or supplying, or a pharmacist
or other person from selling, dispensing or supplying, a prescription drug or
drug of dependence for a purpose relating to the administration of voluntary
euthanasia in accordance with this Act; or
(b) a person from assisting (however described) in the administration of
voluntary euthanasia in accordance with this Act.
(3) Nothing in this Act prevents a person from giving an advance care
directive under the
Advance
Care Directives Act 2013
that makes provision for the future administration of voluntary euthanasia
to the person (however, if a person who has given such an advance care directive
also makes a request for voluntary euthanasia under this Act, then the request
for voluntary euthanasia made under this Act will be taken to
prevail).
(4) For the purposes of the
Coroners
Act 2003
, the death of a person brought about by the administration of voluntary
euthanasia is a reportable death (within the meaning of that Act).
(5) For the purposes of the
Health
Practitioner Regulation National Law (South Australia)
Act 2010
and the Health Practitioner Regulation National Law, a failure by a
medical practitioner to comply with this Act will be taken to constitute proper
cause for disciplinary action against the medical practitioner.
(6) Nothing in this Act renders lawful voluntary euthanasia administered
other than in accordance with this Act.
The object of this Act is to reform the law—
(a) to allow adult persons of sound mind to formally request that their
suffering be ended at the time of their choosing by the administration of
voluntary euthanasia in accordance with this Act;
(b) to ensure that participation in the making of a request for voluntary
euthanasia (including by gathering information), and the administration of
voluntary euthanasia, in accordance with this Act does not amount to a criminal
offence or cause a person to suffer any other discrimination or
liability;
(c) to ensure that participation in the administration of voluntary
euthanasia in accordance with this Act does not amount to a criminal offence or
cause a person to suffer any other discrimination or liability;
(d) to ensure that the arrangements that a person may make under this Act
to bring his or her suffering to an end are, and should be implemented as, a
medical issue;
(e) to protect those persons who decline to be involved in the making of
requests for, or the administration of, voluntary euthanasia by ensuring that
those persons do not suffer any discrimination or liability.
The following principles must be taken into account in relation to the
operation of this Act:
(a) subject to the laws of the State, every person has the right to choose
how he or she should live his or her life;
(b) an adult person of sound mind is entitled—
(i) to make lawful arrangements in respect of the end of his or her life
should his or her suffering become unbearable and hopeless; and
(ii) to bring about the end of his or her life should their suffering
become unbearable and hopeless;
(c) medical practitioners and other persons should be able to provide
assistance to persons wanting to make and implement lawful arrangements in
respect of the end of their suffering without exposing themselves to civil or
criminal liability or other detriment;
(d) the arrangements that a person may make under this Act to bring his or
her suffering to an end are, and should be implemented as, a medical
issue.
Division 1—No
offence to provide medical information about voluntary
euthanasia
9—No
offence to provide medical information about voluntary
euthanasia
Despite section 13A of the
Criminal
Law Consolidation Act 1935
, or any other Act or law, a person incurs no criminal or civil liability
by—
(a) providing medical information in relation to voluntary euthanasia;
or
(b) selling or supplying medical equipment (not being a drug used in the
administration of voluntary euthanasia) to be used for a purpose relating to the
administration of voluntary euthanasia.
Note—
Section 13A of the
Criminal
Law Consolidation Act 1935
makes it an offence to aid, abet or counsel the suicide or attempted
suicide of another.
Division 2—Making
a request for voluntary euthanasia
10—Who
may make a request for voluntary euthanasia
A person (an eligible person) may make a request for
voluntary euthanasia if he or she—
(a) is a competent adult; and
(b) is subject to
unbearable and hopeless suffering; and
(c) does not, at the time of the request, have an impaired decision making
capacity in respect of a decision to make a request for voluntary euthanasia;
and
Note—
See
section 5
for the meaning of having an impaired decision making capacity.
(d) has lived in the State for a period of not less than 6 months
immediately preceding the making of the request.
11—How
to make a request for voluntary euthanasia
(1) An eligible person may make a request for voluntary euthanasia in
accordance with this section.
(2) Before making a
request for voluntary euthanasia, an eligible person—
(a) must be examined
and assessed by a medical practitioner in accordance with
section 12
; and
(b) must be
independently examined and assessed by a second medical practitioner in
accordance with
section 13
; and
(c) must, if either
medical practitioner so requires, be examined and assessed by a psychiatrist in
accordance with
section 14
.
(3) Subject to this
section, the following requirements must be satisfied in respect of a request
for voluntary euthanasia:
(a) the request must be
made by the eligible person completing, as far as is appropriate, a voluntary
euthanasia request form and presenting the form to the medical practitioner
referred to in
section 12
;
(b) the request cannot be made until any report required under
section 13
or
14
has been received by the medical practitioner referred to in
section 12
;
(c) in the case of a request referred to in
subsection (4)
, the voluntary euthanasia request form must be accompanied by a certified
copy of the audio-visual record and a copy of any certificate required under
that subsection;
(d) the request must be witnessed in accordance with
section 15
;
(e) the request must comply with any other requirements set out in the
regulations.
(4) Despite
subsection (3)(a)
, a request for voluntary euthanasia may, in the case of an eligible person
who is unable to read or write or both, or who is not reasonably fluent in
English, be made in accordance with the following provisions:
(a) the request must be made by the eligible person making an oral request
to the medical practitioner referred to in
section 12
(whether with the assistance of an interpreter or other person or
otherwise);
(b) an audio-visual record of the making of the request for voluntary
euthanasia must be made;
(c) in the case of an eligible person who is not reasonably fluent in
English—any information required to be given to, or by, the eligible
person under this Act must be given with the assistance of an interpreter in
relation to a language in which the person is fluent;
(d) in the case of an eligible person whose ability to read or write or
otherwise communicate is limited by an illness or disability—any
information required to be given to, or by, the eligible person under this Act
must be given with the assistance of a person (the person
assisting) who is able to effectively communicate with the eligible
person;
Note—
A person suffering from aphasia, for example, might be such a
person.
(e) the interpreter, person assisting or the medical practitioner
must—
(i) complete a voluntary euthanasia request form on behalf of the eligible
person (and in such a case the form will be taken to be the eligible person's
request for voluntary euthanasia); and
(ii) certify that the voluntary euthanasia request form accurately
reproduces in English the information supplied by the eligible person in the
course of making the request;
(f) the interpreter or person assisting must certify that the information
required to be given to the person under this Act was given to, and appeared to
be understood by, the eligible person;
(g) the making of the request for voluntary euthanasia must otherwise
comply with the requirements set out in
subsection (3)
.
(5) On a request
for voluntary euthanasia being made, the medical practitioner must, on the
appropriate part of the voluntary euthanasia request form, certify that he or
she is of the opinion that—
(a) any requirements under this Division have been satisfied in respect of
the request for voluntary euthanasia; and
(b) the request for voluntary euthanasia appears to genuinely reflect the
wishes of the eligible person; and
(c) the eligible person appeared to understand the nature and implications
of the request for voluntary euthanasia; and
(d) the eligible person is the subject of unbearable and hopeless
suffering; and
Note—
sets out how this is to be determined.
(e) the eligible person was not acting under any form of duress,
inducement or undue influence (including that due solely to a perception or
mistake on the part of the person) in relation to his or her request for
voluntary euthanasia.
12—Preliminary
examination and assessment by medical practitioner
(1) For the purposes of
section 11(2)(a)
, an examination and assessment of a person by a medical practitioner must
comply with the following provisions:
(a) the examination and assessment must occur at a consultation initiated
by or on behalf of the person;
(b) the medical practitioner must satisfy himself or herself that the
person is the subject of unbearable and hopeless suffering;
(c) the medical
practitioner must give to the person the following information in
writing:
(i) a diagnosis and
prognosis of his or her illness, injury or condition;
(ii) information
explaining the forms of treatment that are reasonably available to treat his or
her illness, injury or condition (if any) and the risks associated with such
treatment;
(iii) information setting out the medical procedures that may be used to
administer voluntary euthanasia and the risks associated with the
procedures;
(iv) any other information required by the regulations for the purposes of
this subsection.
(2) If the medical
practitioner reasonably suspects that—
(a) the person is not of sound mind; or
(b) the decision making ability of the person is adversely affected by his
or her state of mind; or
(c) the person 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) in relation to his or her wish to request voluntary
euthanasia,
the medical practitioner must refer the person to a psychiatrist for
examination and assessment in accordance with
section 14
.
(3) A person may be assisted in the course of an examination or assessment
under this section by an interpreter or other person.
13—Examination
and assessment by second medical practitioner
(1) For the purposes of
section 11(2)(b)
, an examination and assessment of a person by a second medical
practitioner must comply with the following provisions:
(a) the medical practitioner must be independent of both the medical
practitioner referred to in
section 12
and the person;
(b) the medical practitioner must examine the person;
(c) the medical practitioner must satisfy himself or herself
that—
(i) the person is the subject of unbearable and hopeless suffering;
and
(ii) the medical practitioner referred to in
section 12
has complied with the provisions of
section 12(1)(c)
;
(d) the medical practitioner must give to the person the following
information in writing:
(i) his or her
diagnosis and prognosis of the person's illness, injury or condition;
(ii) information
explaining the forms of treatment that are reasonably available to treat the
person's illness, injury or condition (if any) and the risks associated with
such treatment.
(2) As soon as is
reasonably practicable after an examination and assessment, the second medical
practitioner must provide to the medical practitioner referred to in
section 12
a written report setting out whether or not, in his or her
opinion—
(a) the person is of sound mind; or
(b) the decision making ability of the person is adversely affected by his
or her state of mind; or
(c) the person 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) in relation to his or her wish to request voluntary
euthanasia.
(3) If the report provided by the second medical practitioner sets out
that he or she is of the opinion—
(a) the person is not, or may not be, of sound mind; or
(b) the decision making ability of the person is, or may be, adversely
affected by his or her state of mind; or
(c) the person is, or may be, acting under any form of duress, inducement
or undue influence,
the medical practitioner referred to in
section 12
must refer the person to a psychiatrist for examination and assessment in
accordance with
section 14
.
(4) A person may be assisted in the course of an examination or assessment
under this section by an interpreter or other person.
14—Examination
and assessment by psychiatrist
(1) For the purposes of
this Part, an examination and assessment of a person by a psychiatrist must
comply with the following provisions:
(a) the psychiatrist must examine the person;
(b) the psychiatrist must assess whether or not—
(i) the person is of sound mind; and
(ii) the decision making ability of the person is adversely affected by
his or her state of mind; and
(iii) the person 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) in relation to his or her wish to request voluntary euthanasia;
and
(iv) the person genuinely appears to understand the nature and
implications of a request for voluntary euthanasia; and
(v) the person genuinely wishes voluntary euthanasia to be administered to
him or her.
(2) As soon as is
reasonably practicable after an examination and assessment, the psychiatrist
must provide to the medical practitioner referred to in
section 12
a written report in respect of the matters referred to in
subsection (1)
.
(3) The validity and legality of an assessment of a psychiatrist under
this section cannot be challenged or questioned in any proceedings seeking to
prevent or delay the administration of voluntary euthanasia to an eligible
person.
(4) A person may be assisted in the course of an examination or assessment
under this section by an interpreter or other person.
15—Requirements
for witnessing request for voluntary euthanasia
(1) Subject to this section, a request for voluntary euthanasia may be
witnessed by any competent adult person (whether or not the witness is related
to, or known by, the eligible person to whom the request relates).
(2) The following persons cannot witness a particular eligible person's
request for voluntary euthanasia:
(a) a medical practitioner or psychiatrist who examines or assesses the
eligible person under this Division;
(b) a person who is a direct beneficiary of, or who otherwise has a direct
interest in, the estate of the eligible person;
(c) a person who is the owner or operator (however described) of a
hospital, hospice, nursing home or other institution for the care of the sick or
infirm in which the eligible person resides, or an employee or agent of such a
facility;
(d) any other person declared by the regulations to be included in the
ambit of this subsection.
(3) A request for voluntary euthanasia must be witnessed in accordance
with the following provisions:
(a) the request for voluntary euthanasia must be made in the presence of
the witness;
(b) the witness must, on the appropriate part of the voluntary euthanasia
request form and in the presence of the medical practitioner referred to in
section 12
, certify that—
(i) he or she witnessed the making of the request for voluntary
euthanasia; and
(ii) he or she is not a person who cannot witness the eligible person's
request for voluntary euthanasia; and
(iii) the request for voluntary euthanasia appears to genuinely reflect
the wishes of the eligible person; and
(iv) the eligible person appeared to understand the nature and
implications of the request for voluntary euthanasia; and
(v) the witness is of the opinion that the eligible person was not acting
under any form of duress, inducement or undue influence (including that due
solely to a perception or mistake on the part of the eligible person) in
relation to his or her request for voluntary euthanasia;
(c) the witnessing of the request must comply with any other provisions
set out in the regulations.
(4) A person witnessing a request for voluntary euthanasia may be assisted
by an interpreter or other person.
16—Revocation
of request for voluntary euthanasia
(1) A person who has made a request for voluntary euthanasia may revoke
the request at any time.
(2) A written, oral or any other indication of the revocation of, or of a
person's wish to revoke, a request for voluntary euthanasia is sufficient to
revoke the request (whether or not the person is mentally competent when the
indication is given).
17—Duration
of request for voluntary euthanasia
A request for voluntary euthanasia—
(a) has effect from the time the medical practitioner to whom the request
is made completes the certification required under
section 11(5)
; and
(b) remains in force until it is revoked in accordance with this
Act.
Division 3—Administration
of voluntary euthanasia
18—Authorised
methods of administering voluntary euthanasia
(1) This Act authorises the administration of voluntary euthanasia to a
person by the following means:
(a) by a medical practitioner administering drugs in concentrations likely
to end the eligible person's life;
(b) by the person self-administering drugs in concentrations likely to end
his or her life.
(2) For the purposes of this or any other Act or law, a person's request
for voluntary euthanasia will, in the absence of evidence to the contrary, be
taken to constitute any consent necessary for the administration of voluntary
euthanasia to the person.
19—Administration
of voluntary euthanasia by medical practitioner
(1) A medical
practitioner (whether or not he or she is the medical practitioner referred to
in
section 12
in respect of a particular request for voluntary euthanasia) may
administer voluntary euthanasia to a person if—
(a) the person—
(i) is competent; and
(ii) has lived in the State for a period of not less than 6 months
immediately preceding the administration of voluntary euthanasia; and
(iii) is capable of communicating his or her decisions; and
(b) the person has made a request for voluntary euthanasia that is in
force; and
(c) the person confirms that he or she wishes voluntary euthanasia to be
administered; and
(d) more than 48 hours have passed since the person made the request for
voluntary euthanasia.
(2) A medical practitioner may be assisted in relation to the
administration of voluntary euthanasia by an interpreter or such other persons
as he or she thinks fit.
20—Self-administration
of voluntary euthanasia
(1) A person may self-administer voluntary euthanasia if—
(a) he or she is competent; and
(b) he or she has lived in the State for a period of not less than 6
months immediately preceding the administration of voluntary euthanasia;
and
(c) he or she has made a request for voluntary euthanasia that is in
force; and
(d) more than 48 hours have passed since he or she made the request for
voluntary euthanasia.
(2) A person self-administering voluntary euthanasia may be assisted by
such other persons as he or she thinks fit.
21—Person
etc may decline to administer or assist in administration of voluntary
euthanasia
(1) A medical practitioner may decline to administer voluntary euthanasia
on any grounds without prejudice to the medical practitioner's employment or any
other form of discrimination.
(2) A person may decline to assist in the administration of voluntary
euthanasia on any grounds without prejudice to the person's employment or any
other form of discrimination.
(3) The administering authority of a hospital, hospice, nursing home or
other institution for the care of the sick or infirm may refuse to permit the
administration of voluntary euthanasia within the institution but, if it does
so—
(a) must take steps to ensure that the refusal is brought to the attention
of any person prior to being admitted to, or entering, the institution;
and
(b) if a person has been admitted to, or entered, the institution without
having been made aware of the refusal—must, if the person so requests,
arrange for the transfer of the person to an institution that permits the
administration of voluntary euthanasia.
(1) If a medical practitioner or other person—
(a) takes part in, or is otherwise involved in relation to, the making of
a request or purported request for voluntary euthanasia in accordance with this
Act; or
(b) takes part in, or is otherwise involved in relation to, the
administration of voluntary euthanasia in accordance with this Act,
the medical practitioner or person—
(c) incurs no criminal liability (other than in proceedings for an offence
against this Act) for an act or omission in so doing; and
(d) incurs no civil liability for an act or omission in so doing, provided
that the act or omission was done or made in good faith and without
negligence.
(2) A medical practitioner or other person who (whether voluntarily or
pursuant to a requirement under this Act) advises another person of a reasonable
suspicion that a person has revoked a request for voluntary
euthanasia—
(a) cannot, by virtue of doing so, be held to have breached any code of
professional etiquette or ethics, or to have departed from any accepted form of
professional conduct; and
(b) insofar as he or she has acted in good faith, incurs no civil or
criminal liability in respect of the advice.
(3) For the purposes of this section, a reference to the civil liability
of a person includes a reference to liability arising under disciplinary
proceedings or similar proceedings.
(4) For the purposes of this section, a reference to the administration of
voluntary euthanasia includes a reference to the attempted administration of
voluntary euthanasia.
(1) For the purposes of the law of the State the cause of death of a
person resulting from the administration of voluntary
euthanasia—
(a) will be taken to have been caused by the medical condition primarily
responsible for the person's unbearable and hopeless suffering; and
(b) will be taken not to be suicide or homicide.
(2) To avoid doubt, this section applies in relation to a finding under
section 29 of the
Coroners
Act 2003
.
(1) A medical practitioner who administers voluntary euthanasia to a
person must make a report to the State Coroner within 48 hours after the
person's death.
Maximum penalty: $5 000.
(2) A medical practitioner to whom a request for voluntary euthanasia is
made must, as soon as is reasonably practicable after becoming aware that the
person who made the request has self-administered voluntary euthanasia pursuant
to the request, make a report to the State Coroner.
Maximum penalty: $5 000.
(3) A report under this section must be in the prescribed form and must be
accompanied by—
(a) a copy of the voluntary euthanasia request form; and
(b) a copy of any report or other document required to accompany the
voluntary euthanasia request form under this Act; and
(c) any other information required by the regulations.
A person who, by dishonesty or undue influence, induces another to make a
request for voluntary euthanasia is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
26—False
or misleading statements
(1) A person who makes a false or misleading statement in, or in relation
to, a request for voluntary euthanasia is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) For the purposes of this section, a reference to a request for
voluntary euthanasia includes a reference to a request that has been
revoked.
27—Certain
persons to forfeit interest in estate
If a court finds a person guilty of an offence against
section 25
or
26
, the court may, on the application of the prosecution, order that the
person forfeits any interest that the person might otherwise have had in the
estate of the person who made the relevant request for voluntary
euthanasia.
(1) An insurer is not entitled to refuse to make a payment that is payable
under a life insurance policy on the death of the insured on the ground that the
death resulted from the administration of voluntary euthanasia.
(2) A person is not obliged to disclose a request for voluntary euthanasia
to an insurer.
(3) An insurer must not ask a person to disclose whether the person has
made a request for voluntary euthanasia.
Maximum penalty: $10 000.
(4) 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 request, or purported request, for voluntary euthanasia in accordance with
this Act; or
(b) takes part in, or is otherwise involved in relation to, the
administration of voluntary euthanasia in accordance with this Act; or
(c) refuses to take part in the making of a request for, or administration
of, voluntary euthanasia in accordance with this Act.
(2) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the
Equal
Opportunity Act 1984
,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the
Equal
Opportunity Act 1984
and, conversely, if the victim lodges a complaint under that Act, he or
she cannot subsequently commence proceedings in a court seeking a remedy in
tort.
(3) If a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to the
victim's employment or business; or
(d) threats of reprisal.
(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.
31—Annual
report on operation of Act
(1) The Minister
must, on or before 30 September in each year, cause a report to be prepared
on the operation of this Act during the previous financial year.
(2) The Minister must cause a copy of the report prepared under
subsection (1)
to be laid before both Houses of Parliament within 12 sitting days
after receiving the report.
The Governor may make such regulations as are contemplated by, or necessary
or expedient for the purposes of, this Act.
Schedule 1—Related
amendments and transitional provisions
Part 1—Preliminary
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of Advance Care Directives
Act 2013
2—Amendment
of section 12—Provisions that cannot be included in advance care
directives
(1) Section 12(1)(a)(i) and (ii)—delete subparagraphs (i) and (ii)
and substitute:
(i) that is unlawful, or that would require an unlawful act to be
performed; or
(2) Section 12—after subsection (1) insert:
(1a) An advance care directive cannot constitute a request for the
administration of voluntary euthanasia to a person (however nothing in this
subsection prevents a person from expressing his or her preferences or wishes in
relation to voluntary euthanasia in an advance care directive).
Part 3—Amendment of Consent to Medical
Treatment and Palliative Care Act 1995
After section 4B insert:
5—Application of Act in respect of voluntary
euthanasia
This Act does not apply in relation to medical treatment consisting of, or
given in the course of, the administration of voluntary euthanasia to a person
in accordance with the
Voluntary
Euthanasia Act 2016
.