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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Rights of the Terminally Ill Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Request for and giving of assistance
4 Request for assistance to voluntarily terminate life 4
5 Response of medical practitioner 4
6 Response of medical practitioner etc not to be influenced
by extraneous considerations 4
7 Conditions under which medical practitioner may assist 4
8 Palliative care 8
9 Patient who is unable to sign certificate of request 8
10 Right to rescind request 8
11 Improper conduct 9
b01-950-p01.842
Rights of the Terminally Ill Bill 2001
Contents
Page
Part 3 Records and reporting of death
12 Medical records to be kept 10
13 Certification as to death 10
14 Medical record to be sent to coroner 11
15 Coroner may report on operation of Act 11
Part 4 Miscellaneous
16 Construction of Act 12
17 Certificate of request is evidence 12
18 Effect on construction of wills, contracts and statutes 12
19 Insurance or annuity policies 13
20 Immunities 13
21 Regulations 13
22 Nature of proceedings for offences 14
Schedule 1 15
Contents page 2
New South Wales
Rights of the Terminally Ill Bill 2001
No , 2001
A Bill for
An Act to establish and confirm the right of a person who is terminally ill to request
assistance from a medically qualified person to voluntarily terminate his or her life
in a humane manner; to allow for such assistance to be given in certain
circumstances without legal impediment to the person rendering the assistance; to
provide procedural protection against the possibility of abuse of the rights
recognised by this Act; and for related purposes.
Clause 1 Rights of the Terminally Ill Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Rights of the Terminally Ill Act 2001. 4
2 Commencement 5
This Act commences 3 months after the date of assent, unless sooner 6
commenced by proclamation. 7
3 Definitions 8
In this Act: 9
assist, in relation to the death or proposed death of a patient, includes 10
the prescribing of a substance, the preparation of a substance and the 11
giving of a substance to the patient for self-administration, and the 12
administration of a substance to the patient. 13
certificate of request means a certificate in or to the effect of the form 14
in Schedule 1 that has been completed, signed and witnessed in 15
accordance with this Act. 16
health care provider, in relation to a patient, includes a hospital, 17
nursing home or other institution (including those responsible for its 18
management) in which the patient is located for care or attention and 19
any nurse or other person whose duties include or directly or indirectly 20
relate to the care or medical treatment of the patient. 21
illness includes injury or degeneration of mental or physical faculties. 22
medical practitioner means a medical practitioner resident, and 23
entitled to practice as a medical practitioner, in the State. 24
qualified psychiatrist means: 25
(a) a person entitled under a law of a State or Territory of the 26
Commonwealth to practise as a specialist in the medical 27
specialty of psychiatry, 28
(b) a specialist whose qualifications are recognised by the Royal 29
Australian and New Zealand College of Psychiatrists as 30
entitling the person to fellowship of that College, or 31
Page 2
Rights of the Terminally Ill Bill 2001 Clause 3
Preliminary Part 1
(c) a person employed by the Commonwealth or a State or 1
Territory of the Commonwealth, or an agency or authority of 2
the Commonwealth or a State or Territory, as a specialist or 3
consultant in the medical specialty of psychiatry. 4
terminal illness, in relation to a patient, means an illness which in 5
reasonable medical judgment will, in the normal course, without the 6
application of extraordinary measures or of treatment unacceptable to 7
the patient, result in the death of the patient. 8
Page 3
Clause 4 Rights of the Terminally Ill Bill 2001
Part 2 Request for and giving of assistance
Part 2 Request for and giving of assistance 1
4 Request for assistance to voluntarily terminate life 2
A patient who, in the course of a terminal illness, is experiencing pain, 3
suffering or distress to an extent unacceptable to the patient may 4
request the patient's medical practitioner to assist the patient to 5
terminate the patient's life. 6
5 Response of medical practitioner 7
A medical practitioner who receives a request referred to in section 4, 8
if satisfied that the conditions of section 7 have been met, but subject 9
to section 8, may assist the patient to terminate the patient's life in 10
accordance with this Act or, for any reason and at any time, refuse to 11
give that assistance. 12
6 Response of medical practitioner etc not to be influenced by 13
extraneous considerations 14
(1) A person must not give or promise any reward or advantage (other 15
than a reasonable payment for medical services), or by any means 16
cause or threaten to cause any disadvantage, to a medical practitioner 17
or other person for assisting or refusing to assist, or for the purpose of 18
compelling or persuading the medical practitioner or other person to 19
assist or refuse to assist, in the termination of a patient's life under this 20
Act. 21
Maximum penalty: 100 penalty units. 22
(2) A person to whom a reward or advantage is promised or given, as 23
referred to in subsection (1), does not have the legal right or capacity 24
to receive or retain the reward or accept or exercise the advantage, 25
whether or not, at the relevant time, he or she was aware of the 26
promise or the intention to give the reward or advantage. 27
7 Conditions under which medical practitioner may assist 28
(1) A medical practitioner may assist a patient to end his or her life only 29
if all of the following conditions are met: 30
Page 4
Rights of the Terminally Ill Bill 2001 Clause 7
Request for and giving of assistance Part 2
(a) the patient has attained the age of 18 years, 1
(b) the medical practitioner is satisfied, on reasonable grounds, that: 2
(i) the patient is suffering from an illness that will, in the 3
normal course and without the application of 4
extraordinary measures, result in the death of the 5
patient, 6
(ii) in reasonable medical judgment, there is no medical 7
measure acceptable to the patient that can reasonably be 8
undertaken in the hope of effecting a cure, 9
(iii) any medical treatment reasonably available to the 10
patient is confined to the relief of pain, suffering and 11
distress (or any one or more of them) with the object of 12
allowing the patient to die a comfortable death, 13
(c) two other persons, neither of whom is a relative or employee of, 14
or a member of the same medical practice as, the first medical 15
practitioner or each other: 16
(i) one of whom is a medical practitioner who holds 17
prescribed qualifications, or has prescribed experience, 18
in the treatment of the terminal illness from which the 19
patient is suffering, and 20
(ii) the other who is a qualified psychiatrist, 21
have examined the patient, 22
(d) the medical practitioner referred to in paragraph (c) (i) has 23
confirmed: 24
(i) the first medical practitioner's opinion as to the 25
existence and seriousness of the illness, and 26
(ii) that the patient is likely to die as a result of the illness, 27
and 28
(iii) the first medical practitioner's prognosis, 29
(e) the qualified psychiatrist referred to in paragraph (c) (ii) has 30
confirmed that the patient is not suffering from a treatable 31
clinical depression in respect of the illness, 32
(f) the illness is causing the patient severe pain or suffering, 33
(g) the medical practitioner has informed the patient of the nature 34
of the illness and its likely course, and the medical treatment, 35
including palliative care, counselling and psychiatric support 36
and extraordinary measures for keeping the patient alive, that 37
might be available to the patient, 38
Page 5
Clause 7 Rights of the Terminally Ill Bill 2001
Part 2 Request for and giving of assistance
(h) after being informed as referred to in paragraph (g), the patient 1
indicates to the medical practitioner that the patient has decided 2
to end his or her life, 3
(i) the medical practitioner is satisfied that the patient has 4
considered the possible implications of the patient's decision to 5
his or her spouse or family or both, 6
(j) the medical practitioner is satisfied, on reasonable grounds, that 7
the patient is of sound mind and that the patient's decision to 8
end his or her life has been made freely, voluntarily and after 9
due consideration, 10
(k) the patient, or a person acting on the patient's behalf in 11
accordance with section 9, has, not earlier than 7 days after the 12
patient has indicated to his or her medical practitioner as 13
referred to in paragraph (h), signed that part of the certificate of 14
request required to be completed by or on behalf of the patient, 15
(l) the medical practitioner has witnessed the patient's signature on 16
the certificate of request or that of the person who signed on 17
behalf of the patient, and has completed and signed the relevant 18
declaration on the certificate, 19
(m) the certificate of request has been signed in the presence of the 20
patient and the first medical practitioner by another medical 21
practitioner (who may be the medical practitioner referred to in 22
paragraph (c) (i) or any other medical practitioner) after that 23
medical practitioner has discussed the case with the first 24
medical practitioner and the patient and is satisfied, on 25
reasonable grounds, that the certificate is in order, that the 26
patient is of sound mind and the patient's decision to end his or 27
her life has been made freely, voluntarily and after due 28
consideration, and that the above conditions have been 29
complied with, 30
(n) where, in accordance with subsection (4), an interpreter is 31
required to be present at the signing of the certificate of request, 32
the certificate of request has been signed by the interpreter 33
confirming the patient's understanding of the request for 34
assistance, 35
Page 6
Rights of the Terminally Ill Bill 2001 Clause 7
Request for and giving of assistance Part 2
(o) the medical practitioner has no reason to believe that he or she, 1
the countersigning medical practitioner or a close relative or 2
associate of either of them, will gain a financial or other 3
advantage (other than a reasonable payment for medical 4
services) directly or indirectly as a result of the death of the 5
patient, 6
(p) not less than 48 hours has elapsed since the signing of the 7
completed certificate of request, 8
(q) at no time before assisting the patient to end his or her life had 9
the patient given to the medical practitioner an indication that 10
it was no longer the patient's wish to end his or her life, 11
(r) the medical practitioner: 12
(i) provides the assistance himself or herself, or 13
(ii) is present while the assistance is given, 14
and remains with the patient until the death of the patient. 15
(2) In assisting a patient under this Act a medical practitioner is to be 16
guided by appropriate medical standards and such guidelines, if any, 17
as are prescribed, and must consider the appropriate pharmaceutical 18
information about any substance reasonably available for use in the 19
circumstances. 20
(3) Where a patient's medical practitioner has no special qualifications in 21
the field of palliative care, the information to be provided to the patient 22
on the availability of palliative care must be given by a medical 23
practitioner (who may be the medical practitioner referred to in 24
subsection (1) (c) (i) or any other medical practitioner) who has such 25
special qualifications in the field of palliative care as are prescribed. 26
(4) A medical practitioner must not assist a patient under this Act where 27
the medical practitioner or any other medical practitioner or qualified 28
psychiatrist who is required under subsection (1) or (3) to 29
communicate with the patient does not share the same first language 30
as the patient, unless there is present at the time of that communication 31
and at the time the certificate of request is signed by or on behalf of the 32
patient, an interpreter who holds a prescribed professional qualification 33
for interpreters in the first language of the patient. 34
Page 7
Clause 8 Rights of the Terminally Ill Bill 2001
Part 2 Request for and giving of assistance
8 Palliative care 1
(1) A medical practitioner must not assist a patient under this Act if, in his 2
or her opinion and after considering the advice of the medical 3
practitioner referred to in section 7 (1) (c) (i), there are palliative care 4
options reasonably available to the patient to alleviate the patient's 5
pain, suffering and distress to levels acceptable to the patient. 6
(2) Where a patient has requested assistance under this Act and has 7
subsequently been provided with palliative care that brings about the 8
remission of the patient's pain or suffering, the medical practitioner 9
must not, in pursuance of the patient's original request for assistance, 10
assist the patient under this Act. If subsequently the palliative care 11
ceases to alleviate the patient's pain and suffering to levels acceptable 12
to the patient, the medical practitioner may continue to assist the 13
patient under this Act only if the patient indicates to the medical 14
practitioner the patient's wish to proceed in pursuance of the request. 15
9 Patient who is unable to sign certificate of request 16
(1) If a patient who has requested his or her medical practitioner to assist 17
the patient to end the patient's life is physically unable to sign the 18
certificate of request, any person who has attained the age of 18 years, 19
other than: 20
(a) the medical practitioner, or 21
(b) a medical practitioner or qualified psychiatrist referred to in 22
section 7 (1) (c), or 23
(c) a person who is likely to receive a financial benefit directly or 24
indirectly as a result of the death of the patient, 25
may, at the patient's request and in the presence of the patient and both 26
the medical practitioner witnesses (and where, in accordance with 27
section 7 (4), an interpreter has been used, also in the presence of the 28
interpreter), sign the certificate on behalf of the patient. 29
(2) A person who signs a certificate of request on behalf of a patient 30
forfeits any financial or other benefit the person would otherwise 31
obtain, directly or indirectly, as a result of the death of the patient. 32
10 Right to rescind request 33
(1) Despite anything in this Act, a patient may rescind a request for 34
assistance under this Act at any time and in any manner. 35
Page 8
Rights of the Terminally Ill Bill 2001 Clause 10
Request for and giving of assistance Part 2
(2) Where a patient rescinds a request, the patient's medical practitioner 1
must, as soon as practicable, destroy the certificate of request and note 2
that fact on the patient's medical record. 3
11 Improper conduct 4
(1) A person must not, by deception or improper influence, procure the 5
signing or witnessing of a certificate of request. 6
Maximum penalty: 200 penalty units or imprisonment for 4 years. 7
(2) A person found guilty of an offence against subsection (1) forfeits any 8
financial or other benefit the person would otherwise obtain, directly 9
or indirectly, as a result of the death of the patient, whether or not the 10
death results from assistance given under this Act. 11
Page 9
Clause 12 Rights of the Terminally Ill Bill 2001
Part 3 Records and reporting of death
Part 3 Records and reporting of death 1
12 Medical records to be kept 2
A medical practitioner who, under this Act, assists a patient to 3
terminate the patient's life must file and, subject to this Act, keep the 4
following as part of the medical record of the patient: 5
(a) a note of any oral request of the patient for such assistance, 6
(b) the certificate of request, 7
(c) a record of the opinion of the patient's medical practitioner as 8
to the patient's state of mind at the time of signing the 9
certificate of request and certification of the medical 10
practitioner's opinion that the patient's decision to end his or 11
her life was made freely, voluntarily and after due 12
consideration, 13
(d) the reports of the medical practitioner and qualified psychiatrist 14
referred to in section 7 (1) (c), 15
(e) a note by the patient's medical practitioner: 16
(i) certifying as to the independence of the medical 17
practitioner and qualified psychiatrist referred to in 18
section 7 (1) (c) and the residential and period of 19
practice qualifications of the patient's medical 20
practitioner, and 21
(ii) indicating that all requirements under this Act have 22
been met, and 23
(iii) indicating the steps taken to carry out the request for 24
assistance, and 25
(iv) including a notation of the substance prescribed by the 26
medical practitioner, 27
and such other information, if any, as is prescribed. 28
Maximum penalty: 100 penalty units or imprisonment for 2 years. 29
13 Certification as to death 30
(1) A medical practitioner who, under this Act, assists a patient to end the 31
patient's life is to be taken, for the purposes of section 39 of the Births, 32
Deaths and Marriages Registration Act 1995, to have been responsible 33
for the patient's medical care immediately before death. 34
Page 10
Rights of the Terminally Ill Bill 2001 Clause 13
Records and reporting of death Part 3
(2) A death as the result of assistance given under this Act is not, for that 1
reason only, to be taken for the purposes of the application of Parts 2A 2
and 3 of the Coroners Act 1980 to be violent or unnatural, or be a 3
death having occurred during, or as a result of, an anaesthetic. 4
14 Medical record to be sent to coroner 5
(1) As soon as practicable after the death of a patient as the result of 6
assistance given under this Act, the medical practitioner who gave the 7
assistance must send to the State Coroner a copy of the notice given to 8
the Registrar under section 39 of the Births, Deaths and Marriages 9
Registration Act 1995 and a copy of so much of the medical record of 10
the patient (including that required by section 12 to be kept) as relates 11
to the terminal illness and death of the patient. 12
(2) As soon as practicable after the end of 30 June each year the State 13
Coroner must advise the Attorney General of the number of patients 14
who died as a result of assistance given under this Act during the year 15
ending on that 30 June. The Attorney General must cause a report of 16
that number to be tabled in each House of Parliament. 17
15 Coroner may report on operation of Act 18
The State Coroner may, at any time and in his or her absolute 19
discretion, report to the Attorney General on the operation, or any 20
matter affecting the operation, of this Act and the Attorney General 21
must cause a copy of the report to be tabled in each House of 22
Parliament within 3 sitting days of each House. 23
Page 11
Clause 16 Rights of the Terminally Ill Bill 2001
Part 4 Miscellaneous
Part 4 Miscellaneous 1
16 Construction of Act 2
(1) Despite any provision of the Crimes Act 1900 or any other Act or law, 3
an action taken in accordance with this Act by a medical practitioner 4
or by a health care provider on the instructions of a medical 5
practitioner does not constitute an offence against the Crimes Act 1900 6
or any other Act or law, or an attempt to commit such an offence, a 7
conspiracy to commit such an offence, or an offence of aiding, 8
abetting, counselling or procuring the commission of such an offence. 9
(2) Assistance given in accordance with this Act by a medical practitioner 10
or by a health care provider on the instructions of a medical 11
practitioner is taken to be medical treatment for the purposes of the 12
law. 13
17 Certificate of request is evidence 14
A document purporting to be a certificate of request is, in any 15
proceedings before a court, admissible in evidence and is prima facie 16
evidence of the request by the person who purported to sign it, or on 17
whose behalf it purports to have been signed, for assistance under this 18
Act. 19
18 Effect on construction of wills, contracts and statutes 20
(1) Any will, contract or other agreement, whether or not in writing or 21
executed or made before or after the commencement of this Act, to the 22
extent that it affects whether a person may make or rescind a request 23
for assistance under this Act, or the giving of such assistance, is not 24
valid. 25
(2) An obligation owing under a contract, whether made before or after the 26
commencement of this Act, is not to be conditioned on or affected by 27
the making or rescinding of a request for assistance under this Act or 28
the giving of that assistance. 29
Page 12
Rights of the Terminally Ill Bill 2001 Clause 19
Miscellaneous Part 4
19 Insurance or annuity policies 1
The sale, procurement or issuing of any life, health or accident 2
insurance or annuity policy or the rate charged for such a policy is not 3
to be conditioned on or affected by the making or rescinding of, or 4
failure to make, a request for assistance under this Act or the giving of 5
that assistance. 6
20 Immunities 7
(1) A person is not subject to civil or criminal action or professional 8
disciplinary action for anything done in good faith and without 9
negligence in compliance with this Act, including being present when 10
a patient takes a substance prescribed for or supplied to the patient as 11
the result of assistance under this Act to end the patient's life. 12
(2) A professional organisation or association or health care provider must 13
not subject a person to censure, discipline, suspension, loss of licence, 14
certificate or other authority to practise, loss of privilege, loss of 15
membership or other penalty for anything that, in good faith and 16
without negligence, was done or refused to be done by the person and 17
which may under this Act lawfully be done or refused to be done. 18
(3) A request by a patient for assistance under this Act, or giving of such 19
assistance in good faith by a medical practitioner in compliance with 20
this Act, does not constitute neglect for any purpose of law or alone 21
constitute or indicate grounds for the making of orders under the 22
Guardianship Act 1987. 23
(4) A health care provider is not under any duty, whether by contract, 24
statute or other legal requirement, to participate in the provision to a 25
patient of assistance under this Act. 26
(5) If a health care provider is unable or unwilling to carry out a direction 27
of a medical practitioner for the purpose of the medical practitioner 28
assisting a patient under this Act and the patient transfers his or her 29
care to another health care provider, the former health care provider 30
must, on request, transfer a copy of the patient's relevant medical 31
records to the new health care provider. 32
21 Regulations 33
The Governor may make regulations, not inconsistent with this Act, for 34
or with respect to any matter that by this Act is required or permitted 35
to be prescribed or that is necessary or convenient to be prescribed for 36
carrying out or giving effect to this Act. 37
Page 13
Clause 22 Rights of the Terminally Ill Bill 2001
Part 4 Miscellaneous
22 Nature of proceedings for offences 1
(1) Except as provided by subsection (2), proceedings for an offence under 2
this Act may be dealt with summarily before a Local Court constituted 3
by a Magistrate sitting alone. 4
(2) Proceedings for an offence under section 11 of this Act are to be dealt 5
with on indictment. 6
Page 14
Rights of the Terminally Ill Bill 2001
Schedule 1
Schedule 1 1
(Section 7) 2
Form 1 Request for assistance to end my life in a 3
humane and dignified manner 4
(Rights of the Terminally Ill Act 2001, section 7) 5
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
have been advised by my medical practitioner that I am suffering from an illness 7
that will ultimately result in my death and this has been confirmed by a second 8
medical practitioner. 9
I have been fully informed of the nature of my illness and its likely course and the 10
medical treatment, including palliative care, counselling and psychiatric support and 11
extraordinary measures that may keep me alive, that is available to me and I am 12
satisfied that there is no medical treatment reasonably available that is acceptable 13
to me in my circumstances. 14
I request my medical practitioner to assist me to terminate my life in a humane and 15
dignified manner. 16
I understand that I have the right to rescind this request at any time. 17
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Dated: . . . . . . . . . . . . . . . . . . . . . . . 19
Page 15
Rights of the Terminally Ill Bill 2001
Schedule 1
Declaration of witnesses 1
I declare that: 2
(a) the person signing this request is personally known to me, and 3
(b) he/she is a patient under my care, and 4
(c) he/she signed the request in my presence and in the presence of the second 5
witness to this request, and 6
(d) I am satisfied that he/she is of sound mind and that his/her decision to end 7
his/her life has been made freely, voluntarily and after due consideration. 8
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(patient's medical practitioner) 10
I declare that: 11
(a) the person signing this request is known to me, and 12
(b) I have discussed his/her case with him/her and his/her medical practitioner, and 13
(c) he/she signed the request in my presence and in the presence of his/her medical 14
practitioner, and 15
(d) I am satisfied that he/she is of sound mind and that his/her decision to end 16
his/her life has been made freely, voluntarily and after due consideration, and 17
(e) I am satisfied that the conditions of section 7 of the Act have been or will be 18
complied with. 19
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
(second medical practitioner) 21
Page 16
Rights of the Terminally Ill Bill 2001
Schedule 1
[Where under section 7 (4) an interpreter is required to be present] 1
Declaration of interpreter 2
I declare that: 3
(a) the person signing this request or on whose behalf it is signed is known to me, 4
and 5
(b) I am an interpreter qualified to interpret in the first language of the patient as 6
required by section 7 (4), and 7
(c) I have interpreted for the patient in connection with the completion and signing 8
of this certificate, and 9
(d) in my opinion, the patient understands the meaning and nature of this 10
certificate. 11
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
(qualified interpreter) 13
Page 17
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