Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Voluntary Euthanasia Bill 2002
CONTENTS
1. Short title 1
2. Interpretation 2
3. Purpose of Act 2
4. Euthanasia request 2
5. Witnesses 3
6. Request to be made to medical practitioner 3
7. Procedure following acceptance of request 4
8. Administration of euthanasia 5
9. Revocation of request 5
10. Subsequent mental incompetence 6
11. Coroner to be informed 6
12. Evidence 6
13. Immunity from criminal or civil liability 7
Schedule 8
page i
149 -- 1
Western Australia
LEGISLATIVE COUNCIL
(Introduced by Hon Robin Chapple)
Voluntary Euthanasia Bill 2002
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 2002.
page 1
Voluntary Euthanasia Bill 2002
s. 2
2. Interpretation
In this Act, unless inconsistent with the context --
"applicant" is a person who makes a request for the
administration of euthanasia;
5 "euthanasia" is --
(a) deliberate administration of a drug or combination of
drugs by any means in concentrations that will cause
death; or
(b) withholding or withdrawing medical treatment
10 knowing that death will result or occur more quickly;
or
(c) a combination of the provisions of paragraphs (a) and
(b),
where the subject person knows and intends that what is
15 done or omitted to be done will cause his or her death;
"medical practitioner" is a person registered as a medical
practitioner under the Medical Act 1894.
3. Purpose of Act
It is the purpose of this Act --
20 (a) to make lawful an adult person's intentional termination
of his or her life; and
(b) to provide immunity from criminal or civil liability to a
person who assists such a person in carrying out that
termination,
25 if, but only if, the termination occurs in the circumstances and in
accordance with the requirements of this Act.
4. Euthanasia request
(1) A person who is of sound mind and judgment and of or over the
age of 18 may request euthanasia.
page 2
Voluntary Euthanasia Bill 2002
s. 5
(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
progresses, will most likely cause the death of that
5 person; and
(b) by reason of the pain and suffering or debilitation
associated with the actual progress of that illness or
condition, has no desire to continue living.
(3) A request made under subsection (2) lapses 6 months from the
10 date on which it was made and may be renewed subsequently
for 1 or more further periods of 6 months.
(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
15 prescribed in the Schedule.
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.
20 (2) Where an applicant is physically unable to sign a request, a
witness may sign on the applicant's behalf.
(3) A witness who signs a request under subsection (2) forfeits any
financial or other valuable benefit or interest that might
otherwise have vested in or been acquired by the witness by
25 reason only of the applicant's death.
6. Request to be made to medical practitioner
A request must be made to a medical practitioner who may
accept or reject the request.
page 3
Voluntary Euthanasia Bill 2002
s. 7
7. Procedure following acceptance of request
(1) A request must not be carried into effect unless --
(a) the medical practitioner and another medical
practitioner have each examined the applicant separately
5 and each is satisfied on reasonable grounds that --
(i) section 4(2)(a) applies to the applicant;
(ii) any medical treatment available to the applicant
is palliative only;
(iii) the applicant's request is not wholly or
10 substantially referable to, or a symptom of, a
state of clinical depression that is treatable;
(iv) the applicant has made the request freely and
with full knowledge of the consequences;
(b) either medical practitioner has informed the applicant of
15 the likely progress of the illness or condition, the forms
of treatment that are available, including palliative care,
and their respective risks, side-effects and possible
outcomes, and the availability of counselling and
psychiatric support services;
20 (c) the request, both in form and content, complies with the
requirements of this Act;
(d) the medical practitioners have endorsed the request in
the form prescribed in the Schedule;
(e) the completed form of request has been placed on the
25 applicant's medical file.
(2) Where the applicant's first language is different from that of
either or both medical practitioners, an interpreter is to be
engaged to ensure that the provisions of subsection (1) are given
proper and informed effect.
page 4
Voluntary Euthanasia Bill 2002
s. 8
8. Administration of euthanasia
(1) It is unlawful for any person who is not the applicant or a
medical practitioner to administer or assist in the self-
administration of euthanasia described in paragraph (a) of the
5 definition in section 2.
(2) A medical practitioner who administers or assists in the self-
administration of euthanasia under subsection (1) must remain
in continuous attendance on the applicant until satisfied that
death has ensued.
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.
9. Revocation of request
(1) A request may be revoked by an applicant at any time and in
15 any manner sufficient to indicate revocation.
(2) A person to whom revocation of a request is made, if that
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
20 himself or herself that revocation has been made if it is not in
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
25 the request and note the applicant s medical file accordingly.
(5) Revocation of a request does not prevent the making of a
subsequent request.
page 5
Voluntary Euthanasia Bill 2002
s. 10
10. Subsequent mental incompetence
(1) Where an applicant becomes of unsound mind or the conduct of
the applicant's affairs is vested in another person at a time after
making a request --
5 (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.
(2) Subsection (1)(b) is subject to any order of the Supreme Court
10 that stays its implementation for a fixed period, or permanently,
or renews, with or without modification, any prior order made
under this subsection.
(3) An order made under subsection (2) may be made on the
application of a person who, in the Court's opinion, has a
15 sufficient interest in the matter.
(4) An applicant who ceases to be subject to subsection (1) may
make a subsequent request.
11. Coroner to be informed
(1) A medical practitioner who administers, or who assists in the
20 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.
(2) A death that ensues as a result of euthanasia is not, by reason
only of that fact, a reportable death within the meaning of
25 section 3 of the Coroners Act 1996.
12. Evidence
(1) In any proceedings before a court, the production of a request
made under section 7 is to be presumed in the absence of
evidence to the contrary as conclusive evidence of the fact that
page 6
Voluntary Euthanasia Bill 2002
s. 13
the request was made and of any statement, certificate or
instruction or other matter contained in the request.
(2) In this section "court" includes any person or body conducting
proceedings that require the application of the rules of
5 procedural fairness, and it does not matter that the person or
body is authorized to make a decision or recommend that some
other person or body make such a decision.
13. Immunity from criminal or civil liability
An applicant and any person who deals with, or gives effect to,
10 a request --
(a) does not incur any criminal or civil liability;
(b) is not liable to any disciplinary proceeding,
if what the applicant or the person did, or omitted to do, was
reasonable or necessary in order to give effect to, or comply
15 with, the provisions of this Act.
page 7
Voluntary Euthanasia Bill 2002
Schedule
Schedule
Section A -- Applicant's request
I [name/address of applicant] being of sound mind and judgment make this request
for the administration of euthanasia in accordance with the directions set out
5 below.
I make this request freely and in the knowledge and with the intent that carrying
it into effect will result in my death.
You are not required to complete the following directions
I desire that euthanasia be self-administered or administered to me [strike out the
10 option that does NOT apply] on [date] at [state place/location] in the presence of [names of
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 request; [name of applicant] sign this request;
or or
[name of s 5(2) witness] sign this request [name of s 5(2) witness] sign this with the
applicant's consent request with the applicant's 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
15 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:
· the applicant's illness or condition [describe precisely the illness/condition
20 diagnosed] meets the requirements of s 4 (2) (a) of the Voluntary Euthanasia
Act 2000 ("the Act");
page 8
Voluntary Euthanasia Bill 2002
Schedule
· 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
5 clinical depression;
· the applicant has made this request freely and knowingly and understands
that giving effect to this request will result in his/her death.
(b) provided, or have caused to be provided, the information required by s7 (b)
of the Act [attach copy of any relevant written information provided to applicant];
10 (c) placed, or caused to be placed, this request on the applicant's medical file.
signature of medical practitioner and date
Section D -- Statement of second medical practitioner
I [name/address of medical practitioner] certify that I have examined the applicant and
that I am satisfied that:
15 · 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 symptoms and
20 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 his/her death.
25 signature of medical practitioner and date
page 9
[Index] [Search] [Download] [Related Items] [Help]