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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon Norm Kelly)
Voluntary Euthanasia Bill 2000
A Bill for
An Act to provide for the administration of voluntary euthanasia.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Voluntary Euthanasia Act 2000.
page 1
121--1
Voluntary Euthanasia Bill 2000
s. 2
2. Interpretation
In this Act, unless inconsistent with the context --
"applicant" means a person who makes a request for the
administration of euthanasia;
5 "medical practitioner" means a person registered as a medical
practitioner under the Medical Act 1894.
3. Purpose of Act
This Act is intended to permit a person to end his or her life
deliberately with medical assistance where the person has an
10 illness or medical condition that will most likely cause the death
of that person and the pain and suffering arising from or relating
to that illness or medical condition has, or is in the process of
becoming, unbearable to the person.
4. Euthanasia request
15 (1) A person who is mentally competent and of or over the age of
18 may request euthanasia.
(2) A request under subsection (1) cannot be made unless, at the
time at which it is made, the applicant --
(a) has a medically-diagnosed illness or condition that, as it
20 progresses, will most likely cause the death of that
person;
and
(b) by reason of the pain and suffering or debilitation
associated with the actual progress of that illness or
25 condition, has no desire to continue living.
(3) A request made under subsection (2) lapses 3 months from the
date on which it was made and may be renewed subsequently
for 1 or more further periods of 3 months.
page 2
Voluntary Euthanasia Bill 2000
s. 5
(4) Any subsequent request is to be treated for all purposes as if it
were an original request.
(5) A request and any subsequent request must be made in the form
prescribed in the Schedule.
5 5. Witnesses
(1) A request must be witnessed by 2 adult persons in each other's
presence and in the presence of the applicant, of whom one
cannot be a friend or close relation of the applicant.
(2) Where an applicant is physically unable to sign a request, a
10 witness may sign on the applicant's behalf.
(3) A witness who signs a request under subsection (2) forfeits any
financial or valuable gain or advantage that the witness might
otherwise have obtained, directly or indirectly, resulting from
the applicant's death.
15 6. Request to be made to medical practitioner
(1) A request is to be made to a medical practitioner who may
accept or reject the request.
(2) It is the duty of the medical practitioner rejecting the request to
inform the applicant at the earliest opportunity and, after
20 making reasonable inquiries, refer it to another medical
practitioner willing to accept it.
(3) Subject to the requirements of this Act, a medical practitioner
who accepts a request is bound to act in accordance with its
provisions during its currency.
page 3
Voluntary Euthanasia Bill 2000
s. 7
7. Procedure following acceptance of request
A medical practitioner must not give effect to a request
unless --
(a) the medical practitioner and another medical practitioner
5 have each examined the applicant separately and each is
satisfied on reasonable grounds that --
(i) the applicant has an illness or condition of the
type described in section 4 (2) (a);
(ii) any medical treatment available to the applicant
10 is confined to the amelioration of pain and
suffering arising from the illness or condition;
(iii) the applicant is mentally competent and is not
suffering from treatable, clinical depression;
(iv) the applicant freely and knowingly requests the
15 administration of euthanasia and for this purpose
an interpreter shall be used if the first language
of the applicant is not the same as that of each
medical practitioner;
(b) the medical practitioner, or another medical practitioner
20 having expertise in the field of palliative care if either of
the medical practitioners referred to in paragraph (a) do
not have that expertise, has informed the applicant of the
likely progress of the illness or condition, the forms of
treatment that are available, including palliative care,
25 and their respective risks, side-effects and possible
outcomes, and the availability of counselling and
psychiatric support services;
(c) the form of request complies in all substantive respects
with the requirements of this Act;
30 (d) the medical practitioners referred to in paragraph (a)
and, where applicable, paragraph (b) have endorsed the
request in the form prescribed in the Schedule;
page 4
Voluntary Euthanasia Bill 2000
s. 8
(e) the completed form of request has been placed on the
applicant's medical file.
8. Administration of euthanasia
(1) It is unlawful for any person who is not a medical practitioner to
5 administer euthanasia or assist in its self-administration.
(2) So far as is practicable at the time, a medical practitioner shall
give effect to an applicant's instructions contained in a request
governing the time, place and circumstances for the
administration of euthanasia.
10 (3) Not less than 48 hours shall elapse between the time of
completing all the requirements of this Act in relation to a
request and the administration of euthanasia.
(4) Euthanasia cannot be administered otherwise than by the use of
drugs in appropriate concentrations, or by withholding or
15 withdrawing medical treatment, to the extent that, in either case,
death will ensue quickly without pain or distress.
(5) For the purposes of subsection (4), drugs may be administered
by a medical practitioner or supplied to the applicant for
self-administration by, and in the presence of, that medical
20 practitioner.
9. Revocation of request
(1) A request may be revoked by an applicant at any time and in
any manner sufficient to indicate revocation.
(2) A person to whom revocation of a request is made, if that
25 person is not the applicant's medical practitioner, must forthwith
inform the applicant's medical practitioner.
(3) The medical practitioner must take reasonable steps to satisfy
himself or herself that revocation has been made if it is not in
page 5
Voluntary Euthanasia Bill 2000
s. 10
writing signed by the applicant and was not made to that
medical practitioner.
(4) In whichever way revocation is made, and subject to the
provisions of this section, the medical practitioner shall destroy
5 the request and note the applicants medical file accordingly.
(5) Revocation of a request does not prevent the making of a
subsequent request.
10. Subsequent mental incompetence
Where an applicant becomes mentally incompetent, whether
10 permanently or episodically, after making a request --
(a) but before the requirements of section 7 have been
completed, the request lapses;
(b) and the requirements of section 7 have been completed,
the request has effect.
15 11. Coroner to be informed
(1) A medical practitioner who administers, or who assists in the
self-administration of, euthanasia must inform the Coroner in
writing within 48 hours of an applicant's death and supply a
copy of the request and the death certificate.
20 (2) A death that ensues as a result of euthanasia under this Act is
not, by reason only of that fact, a reportable death within the
meaning of section 3 of the Coroners Act 1996.
12. Evidence
In any proceedings before a court, a request is admissible as
25 evidence of the fact that the request was made and of any
statement, certificate or instruction or other matter contained in
the request.
page 6
Voluntary Euthanasia Bill 2000
s. 13
13. No liability
An applicant and any person who deals with, or gives effect to,
a request --
(a) does not incur any criminal or civil liability;
5 (b) is not liable to any disciplinary proceeding,
if what the applicant or the person did, or failed to do, was
reasonable or necessary in order to give effect to, or comply
with, the provisions of this Act.
page 7
Voluntary Euthanasia Bill 2000
Sch.
Schedule
s7
Section A -- Applicant's request
I [name/address of applicant] being mentally competent make this request for the
5 administration of euthanasia in accordance with the directions set out below.
I make this request freely and in the knowledge and with the intent that carrying
it into effect will result in my death.
I desire that euthanasia be self-administered or administered to me [strike out the
option that does NOT apply] on [date] at [state place/location] in the presence of [names of
10 persons (if any) applicant desires to be present at time of administration] in the following
circumstances [here give any special directions]
signature of applicant or s 5(2) witness and date
Section B -- Witness declaration (to be completed by each witness)
I, [name/address of witness] declare that I I, [name/address of witness] declare that I
witnessed: witnessed:
[name of applicant] sign this [name of applicant] sign this
request; request;
or or
[name of s 5(2) witness] sign this [name of s 5(2) witness] sign this
request with the applicant's request with the applicant's
consent; consent;
and and
[name of other witness] sign this [name of other witness] sign this
request as a witness. request as a witness.
signature of witness and date signature of witness and date
page 8
Voluntary Euthanasia Bill 2000
Sch.
Section C -- Statement of medical practitioner
I [name/address of applicant's medical practitioner] having received and accepted this
request certify that I have --
(a) examined the applicant and that I am satisfied that:
5 · the applicant's illness or condition [describe precisely the
illness/condition diagnosed] meets the requirements of s 4 (2)
(a) of the Voluntary Euthanasia Act 2000 ("the Act");
· medical treatment available cannot affect the progress of the
illness/condition but is confined to reducing the severity of its
10 symptoms and the amelioration of pain, suffering and distress;
· the applicant is mentally competent and is not suffering from
treatable clinical depression;
· the applicant has made this request freely and knowingly and
understands that giving effect to this request will result in
15 his/her death.
(b) provided, or have caused to be provided, the information required by s
7 (b) of the Act [attach copy of any relevant written information provided to
applicant];
(c) placed, or caused to be placed, this request on the applicant's medical
20 file.
I endorse this request.
signature of medical practitioner and date
Section D -- Statement of second medical practitioner and, if applicable,
medical practitioner referred to in section 7 (b)
25 I [name/address of medical practitioner] certify that I have examined the applicant and
that I am satisfied that:
· the applicant's illness or condition [describe precisely the
illness/condition diagnosed] meets the requirements of s 4 (2) (a) of
the Voluntary Euthanasia Act 2000 ("the Act");
30 · medical treatment available cannot affect the progress of the
illness/condition but is confined to reducing the severity of its
symptoms and the amelioration of pain, suffering and distress;
· the applicant is mentally competent and is not suffering from treatable
clinical depression;
page 9
Voluntary Euthanasia Bill 2000
Sch.
· the applicant has made this request freely and knowingly and
understands that giving effect to this request will result in his/her
death.
I endorse the request.
5 signature of medical practitioner and date
page 10
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