The Dignity in Dying Bill 2001
The Dignity in Dying Bill 2001 was introduced into both houses
of SA Parliament on 15 March 2001. The order of words in the title is significant,
shifting the emphasis from 'dying' to 'dignity'. If we respect human life,
whether because we regard it as sacred, or intrinsically valuable, or simply
from deep compassion, we have a responsibility to preserve its dignity.
Requiring someone to die, against their will, over a period of grave suffering
or irreversible loss of meaningful life, is a denial of human dignity.
It is an act of cruelty.
While the Bill incorporates many clauses similar to those included in
other voluntary euthanasia laws, actual or proposed, there are noteworthy
features:
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The patient must be 'hopelessly ill', defined as 'an injury or illness
that will result, or has resulted, in serious mental impairment or permanent
deprivation of consciousness; or that seriously and irreversibly impairs
the person's quality of life so that life has become intolerable to that
person.'
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Provision is made for an advance request as well as a current request.
In the former case, a trustee or trustees may be appointed in advance to
act if the person loses competence.
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Information must be provided on palliative care options.
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The attending and confirming doctor must certify that that the patient
does not show signs of clinical depression or, if symptoms are present,
the treatment is unlikely to influence the patient's decision.
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After a 48 hour waiting period, and following confirmation by a second
doctor, steps may be taken to ensure a humane and painless end to life
either by administering drugs, prescribing drugs for self administration,
or by withholding or withdrawing treatment. Any doctor may refuse to participate
but should inform the patient or trustee that another doctor may be willing
to participate. Any medical facility may refuse to participate provided
that they take reasonable steps to inform patients entering the institution.
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Five objects of the Act are listed as an aid to interpretation and a necessary
counter to misinterpretation.
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A Monitoring Committee is established to monitor the operation of the Act
and recommend improvements or amendments which will further the objects
of the Act. The committee will include persons nominated by the SA Branch
of the Australian Medical Association, the Law Society of SA, the Palliative
Care Council of SA, the SA Voluntary Euthanasia Society and the SA Council
of Churches.
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