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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CRIMINAL CODE
(PALLIATIVE CARE)
AMENDMENT BILL 2003
Queensland
CRIMINAL CODE (PALLIATIVE CARE)
AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 282A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
282A Palliative care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2003
A BILL
FOR
An Act to amend the Criminal Code to provide a statutory enactment
of the `double effect' principle for palliative care
s1 4 s4
Criminal Code (Palliative Care) Amendment Bill 2003
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Criminal Code (Palliative Care) 3
Amendment Act 2003. 4
2 Commencement
Clause 5
This Act commences on a day to be fixed by proclamation. 6
3 Act amended
Clause 7
This Act amends the Criminal Code. 8
4 Insertion of new s 282A
Clause 9
After section 282-- 10
insert-- 11
`282A Palliative care 12
`(1) A person is not criminally responsible for providing palliative care 13
to another person if-- 14
(a) the person provides the palliative care in good faith and with 15
reasonable care and skill; and 16
(b) the provision of the palliative care is reasonable, having regard to 17
the other person's state at the time and all the circumstances of 18
the case; and 19
(c) the person is a doctor or, if the person is not a doctor, the 20
palliative care is ordered by a doctor who confirms the order in 21
writing. 22
`(2) Subsection (1) applies even if an incidental effect of providing the 23
palliative care is to hasten the other person's death. 24
`(3) However, nothing in this section authorises, justifies or excuses-- 25
(a) an act done or omission made with intent to kill another person; 26
or 27
s4 5 s4
Criminal Code (Palliative Care) Amendment Bill 2003
(b) aiding another person to kill himself or herself. 1
`(4) To remove any doubt, it is declared that the provision of the 2
palliative care is reasonable only if it is reasonable in the context of good 3
medical practice. 4
`(5) In this section-- 5
"good medical practice" means good medical practice for the medical 6
profession in Australia having regard to-- 7
(a) the recognised medical standards, practices and procedures of the 8
medical profession in Australia; and 9
(b) the recognised ethical standards of the medical profession in 10
Australia. 11
"palliative care" means care, whether by doing an act or making an 12
omission, directed at maintaining or improving the comfort of a 13
person who is, or would otherwise be, subject to pain and suffering.'. 14
15
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