SAVES is not affiliated with Exit International / Dr Philip Nitschke and opposes the public availability of a 'peaceful pill'.

Voluntary Euthanasia Bill 1996

The following Bill was prepared by Parliamentary Counsel on instructions from the Hon Anne Levy MLC and was introduced into the Legislative Council (SA's Upper House) on 8 November 1996. The Bill lapsed when a State election was called for 11 October 1997. The new Parliament referred consideration of the Bill to a Standing Parliamentary Committee, the Social Development Committee, on 25 March 98. The Committee tabled its report in Parliament on 20 October 1999 with a majority recommendation against the Bill and against debating it. The earliest that these recommendations can be considered by Parliament is 27 March 2000.

SUMMARY OF PROVISIONS

1. Short title
2. Commencement
3. Definitions
4. Who may request euthanasia
5. Kinds of request
6. Information to be given before formal request is made
7. Form of request for euthanasia
8. Procedures to be observed in the making and witnessing of requests
9. Appointment of trustees
10. Revocation of request
11. Register of advance requests
12. Administration of euthanasia
13. Conscientious objection
14. Protection from liability
15. Report to coroner
16. Cause of death
17. Insurance
18. Annual report to Parliament
19. Regulations

SCHEDULE 1 Request for euthanasia (Current request)

SCHEDULE 2 Request for euthanasia (Advance request)

SCHEDULE 3 Report to the State Coroner

SCHEDULE 4 Certificate of confirmation

Voluntary Euthanasia Bill 1996

An Act to provide for the administration of medical procedures to assist the death of patients who are hopelessly ill, and who have expressed a desire for the procedures subject to appropriate safeguards.

The Parliament of South Australia enacts as follows:

Short title

1. This Act may be cited as the Voluntary Euthanasia Act 1996.

2. This Act will come into operation 6 months after the date of assent or on an earlier date fixed by proclamation.

3. In this Act -

 

 

"adult" means of or above the age of 18 years;

"medical practitioner" means a person registered as a medical practitioner under the Medical Practitioners Act 1983;

"hopelessly ill" - a person is hopelessly ill if the person has an injury or illness that -

(a) results in permanent deprivation of consciousness; or

(b) seriously and irreversibly impairs the person's quality of life so that life has become intolerable to that person.

4. An adult person who is of sound mind may make a request for euthanasia.

5 (1) A request for euthanasia must be of one of the following kinds -

 

 

(a) a request (a "current request") by a hopelessly ill person that is intended to be effective without further deterioration of the person's condition; or

(b) a request (an "advance request") that is intended to take effect when the person who makes the request becomes hopelessly ill or after the person becomes hopelessly ill and the person's condition deteriorates to a point described in the request.

(2) A request for euthanasia overrides an earlier request and, in particular, a current request for euthanasia overrides an earlier advance request.

(3) A current request must be in the form prescribed by Schedule 1.

(4) An advance request must be in the form prescribed by Schedule 2.

6. If a person proposes to make a request for euthanasia, a medical practitioner must, before the request is formally made, ensure that the person is fully informed -

 

 

(a) if the person is currently hopelessly ill or suffering from a condition that may develop into a hopeless illness -

(i) of the diagnosis and prognosis of the person's condition: and

(ii) of the forms of treatment that may be available for the condition and their respective risks, side effects and likely outcomes; and

(iii) of the extent to which the effects of the illness could be mitigated by appropriate palliative care; and

(b) if the request is a current request - of the proposed euthanasia procedure, risks associated with the procedure and feasible alternatives to the procedure (including the possibility of providing appropriate palliative care until death ensues without administration of euthanasia); and

(c) if the request is an advance request - of feasible euthanasia procedures and the risks associated with each of them.

7. (1) A request for euthanasia must be made in writing.

 

 

(2) However, if the person is unable to write the request may be made orally.

(3) If a request for euthanasia is made orally -

(a) the request must be reduced to writing by the witnesses; and

(b) if practicable a videotape recording of the making of the request must be made.

8.(1) A request for euthanasia must be made in the presence of a medical practitioner and 2 other adult witnesses.

 

 

(2) All witnesses must certify that the person who made the request -

(a) appeared to be of sound mind; and

(b) appeared to understand the nature and implications of the request; and

(c) did not appear to be acting under duress.

(3) The medical practitioner must also certify that -

(a) the medical practitioner gave the person requesting euthanasia the information required under this Act (see Section 6) before the request was formally made; and

(b) in the case of a current request - the medical practitioner, after examining the person for symptoms of depression, had no reason to suppose that the person was suffering from treatable clinical depression.

9.(1) A person who makes an advance request for euthanasia may, in the instrument of request, appoint one or more persons to be trustees of the request.

(2) A person is only eligible for appointment as a trustee of a request for euthanasia if the person is of or above the age of 18 years.

(3) The functions of a trustee of the request are -

(a) to satisfy herself or himself that the preconditions for administration of euthanasia have been satisfied; and

(b) to make any necessary arrangements to ensure, as far as practicable, that euthanasia is administered in accordance with the wishes of the person who requested euthanasia.

(4) If a person appoints two or more persons as trustees of a request for euthanasia, the instrument of request must indicate the order of appointment and, in that case, if the person designated first in order of appointment is unavailable, the person designated second in order of appointment is to act as trustee of the request, if the first and the second are not available, the person designated third in order of appointment is to act as trustee of the request, and so on, but the instrument of request may not provide for two or more persons to act jointly as trustees of the request.

10.(1) A person may revoke a request for euthanasia at any time.

(2) A written, oral, or other indication of withdrawal of consent to euthanasia is sufficient to revoke the request even though the person may not be mentally competent when the indication is given.

11.(1) The Minister must maintain a register of advance requests for euthanasia.

(2) The register will be administered by a suitable person (the "registrar") assigned to administer the register by the Minister.

(3) If a person who has made an advance request for euthanasia applies to the registrar for registration of the request, the registrar must register the request in the register.

(4) If a person who has made an advance request for euthanasia notifies the registrar of a desire to revoke the request, the registrar must register the revocation in the register.

(5) The registrar must, at the request of a medical practitioner who is attending a hopelessly ill patient -

 

 

(a) inform the medical practitioner whether the patient has made a request for euthanasia which is registered in the register; and

(b) if so - give the medical practitioner a copy of the request.

12.(1) A medical practitioner may administer euthanasia to a patient if -

 

 

(a) the patient has made a request for euthanasia under this Act and there is no reason to believe that the request has been revoked; and

(b) at least 48 hours have elapsed since the time of the request; and

(c) the patient is hopelessly ill; and

(d) the medical practitioner is satisfied, after examining the patient, that there is no reason to suppose that the patient is suffering from treatable clinical depression; and

(e) if the patient is mentally incompetent but has appointed a trustee of the request for euthanasia, the trustee is satisfied that the preconditions for administration of euthanasia have been satisfied; and

(f) another medical practitioner who is not involved in the day to day treatment or care of the patient has personally examined the patient and has given a certificate in the form prescribed by Schedule 4 (the "certificate of confirmation") to the effect that -

(i) the patient is hopelessly ill; and

(ii) there is no reason to suppose that the patient is suffering from treatable clinical depression.

(2) A medical practitioner may only administer euthanasia as follows -

(a) by administering drugs in appropriate concentrations to end life painlessly and humanely; or

(b) by prescribing drugs for self administration by a patient to allow the patient to die painlessly and humanely; or

(c) by withholding or withdrawing medical treatment in circumstances that will result in a painless and humane end to life.

(3) In administering euthanasia, a medical practitioner must give effect, as far as practicable, to -

(a) the expressed wishes of the patient; or

(b) if the patient is mentally incompetent, but has appointed a trustee of the request who is available to be consulted - the expressed wishes of the trustee (so far as they are consistent with the patient's expressed wishes).

13.(1) A medical practitioner may decline to carry out a request for the administration of euthanasia on grounds of conscience or other grounds.

(2) However, if a patient who has requested euthanasia is hopelessly ill and the medical practitioner who has the care of the patient declines to administer euthanasia, the medical practitioner must inform the patient or the trustee of the patient's request that another medical practitioner may be prepared to consider the request.

(3) A person may decline to assist a medical practitioner to administer euthanasia on grounds of conscience or any other ground without prejudice to the person's employment or other forms of adverse discrimination.

(4) The administering authority of a hospital, hospice, nursing home or other institution for the care of the sick or infirm may refuse to permit euthanasia within the institution but, if it does so, must take reasonable steps to ensure that the refusal is brought to the attention of patients entering the institution.

14. A medical practitioner who administers euthanasia in accordance with this Act, or a person who assists a medical practitioner to administer euthanasia in accordance with this Act, incurs no civil or criminal liability by doing so.

15. (1) A medical practitioner who administers euthanasia must make a report to the State Coroner within 48 hours after doing so.

 

 

Penalty: $4 000.

(2) The report -

(a) must be in the form prescribed by Schedule 3; and

(b) must be accompanied by -

(i) the request for euthanasia or, if the request is registered under this Act, a copy of the request; and

(ii) the certificate of confirmation given by another medical practitioner (see Section 12(1)(e)).

(3) The State Coroner must forward to the Minister copies of the reports made under this section and the accompanying materials.

16.(1) Death resulting from the administration of euthanasia in accordance with this Act is not suicide or homicide.

(2) If euthanasia is administered in accordance with this Act, death is taken to have been caused by the patient's illness.

17.(1) An insurer is not entitled to refuse to make a payment that is payable under a life insurance policy on death of the insured on the ground that the death resulted from the administration of euthanasia in accordance with this Act.

(2) A person is not obliged to disclose an advance request for euthanasia to an insurer, and an insurer must not ask a person to disclose whether the person has made an advance request for euthanasia.

 

 

Penalty: $8 000.

18. On or before 30 September in each year, the Minister must make a report to Parliament on the administration and operation of this Act during the year that ended on the preceding 30 June.

19. The Governor may make regulations for the purposes of this Act.

 

 

---

SCHEDULE 1
Request for euthanasia
(Current request)

1. I [here set out full name and residential address of the person making the request] make a request for euthanasia.

2. I believe that I am presently hopelessly ill and intend the request to be carried out in accordance with the directions given below.

3. I am not acting under duress and I have no reason to believe that I am suffering from treatable clinical depression.

4. I have received the information required under section 6 of the Voluntary Euthanasia Act 1996. (see Note 1 below)

5. I give the following directions about the timing, place and method of euthanasia: [Here set out directions. If any of these matters are to be left to the discretion of a medical practitioner, there should be a statement to that effect.]

................................................(signature) ...........................(date) (see Note 2 below)

Witnesses' certificate

We [here set out the names and addresses of the witnesses] certify that -

(a) the above request for euthanasia was made in our presence; and

(b) the person who made the request appeared to be of sound mind and appeared to understand the nature and implications of the request; and

(c) the person who made the request did not appear to be acting under duress.

....................................................
(signature of medical practitioner)

....................................................
(signature)

....................................................
(signature)

Further certificate of medical practitioner

I [here set out the name and address of the medical practitioner who witnessed the request] certify that -

(a) after examining the person making the above request for symptoms of depression, I have no reason to suppose that the person is suffering from treatable clinical depression; and

(b) before the above request was made I provided the person making the request with the information required under section 6 of the Voluntary Euthanasia Act 1996. (see Note 1 below)

....................................................
(signature)

Note 1: Section 6 of the Voluntary Euthanasia Act 1996 provides as follows:

Information to be given before formal request is made

6. If a person proposes to make a request for euthanasia, a medical practitioner must, before the request is formally made, ensure that the person is fully informed -

 

 

(a) if the person is currently hopelessly ill or suffering from a condition that may develop into a hopeless illness -

(i) of the diagnosis and prognosis of the person's condition: and

(ii) of the forms of treatment that may be available for the condition and their respective risks, side effects and likely outcomes; and

(iii) of the extent to which the effects of the illness could be mitigated by appropriate palliative care; and

(b) if the request is a current request - of the proposed euthanasia procedure, risks associated with the procedure and feasible alternatives to the procedure (including the possibility of providing appropriate palliative care until death ensues without administration of euthanasia); and

(c) if the request is an advance request - of feasible euthanasia procedures and the risks associated with each of them.

Note 2: If the person making the request is unable to sign the request, the request must, instead of the signature, bear an endorsement signed by the witnesses to the effect that the form has been completed by the witnesses in accordance with the person's expressed wishes.)

SCHEDULE 2
Request for euthanasia
(Advance request)

1. I [here set out full name and residential address of the person making the request] make a request for euthanasia.

2. This is an advance request which I make in anticipation of becoming at some future time hopelessly ill and incompetent to make the request and I ask that the request be carried out, in that event, in accordance with the directions given below.

3. I am not acting under duress and I have no reason to believe that I am suffering from treatable clinical depression.

4. I appoint [here set out name and address of trustee or trustees] as trustees of this request. (see Note 1 below)

5. I have received the information required under section 6 of the Voluntary Euthanasia Act 1996. (see Note 2 below)

6. I give the following directions about the timing, place and method of euthanasia:

[Here set out directions. If any matters are to be left to the discretion of a trustee of the request or a medical practitioner, there should be a statement to that effect.]

................................................(signature) ...........................(date) (see Note 3 below)

Witnesses' certificate

We [here set out the names and addresses of the witnesses] certify that -

(a) the above request for euthanasia was made in our presence; and

(b) the person who made the request appeared to be of sound mind and appeared to understand the nature and implications of the request; and

(c) the person who made the request did not appear to be acting under duress.

I [here set out the name and address of the medical practitioner who witnessed the request] certify that -

(a) after examining the person making the above request for symptoms of depression, I have no reason to suppose that the person is suffering from treatable clinical depression; and

(b) before the above request was made I provided the person making the request with the information required under section 6 of the Voluntary Euthanasia Act 1996. (see Note 3 below)

I [here set out the name and address of the trustee] certify that -

(a) I am willing to undertake the responsibilities of a trustee of the above request for euthanasia under the Voluntary Euthanasia Act 1996; and

(b) I will act in that capacity in accordance with the desires of the person who makes the request (so far as they are known to me) and, subject to that, in what I genuinely believe to be that person's best interests.

Note 2: Section 6 of the Voluntary Euthanasia Act 1996 provides as follows:

Information to be given before formal request is made

6. If a person proposes to make a request for euthanasia, a medical practitioner must, before the request is formally made, ensure that the person is fully informed -

 

 

(a) if the person is currently hopelessly ill or suffering from a condition that may develop into a hopeless illness -

(i) of the diagnosis and prognosis of the person's condition: and

(ii) of the forms of treatment that may be available for the condition and their respective risks, side effects and likely outcomes; and

(iii) of the extent to which the effects of the illness could be mitigated by appropriate palliative care; and

(b) if the request is a current request - of the proposed euthanasia procedure, risks associated with the procedure and feasible alternatives to the procedure (including the possibility of providing appropriate palliative care until death ensues without administration of euthanasia); and

(c) if the request is an advance request - of feasible euthanasia procedures and the risks associated with each of them.

SCHEDULE 3
Report to the State Coroner (see Note 1 below)

I [here set out full name and address of the medical practitioner who administered euthanasia] administered euthanasia to [here set out full name and residential address of the patient] at [here set out place of administration] on [here set out date of administration].

1. The patient had been in my care for [here set out the period].

2. The nature of the patient's illness was as follows:

 

 

[here set out description of the patient's illness]

3. In my opinion the patient was hopelessly ill for the following reasons:

 

 

[here set out reasons for believing the patient to be hopelessly ill]

4. In my opinion, there was no reason to suppose that the patient was suffering from treatable clinical depression.

5. Euthanasia was administered as described below:

 

 

[here set out time, place and method of administration]

6. The death ensued as follows:

[here state time, place and manner of death]

(a) the request for euthanasia or, if the request is registered under the Voluntary Euthanasia Act 1996, a copy of the request; and

(b) the certificate of confirmation given by another medical practitioner under section 12(1)(d) of the Voluntary Euthanasia Act 1996.

SCHEDULE 4
Certificate of confirmation

I [here set out full name and address of the medical practitioner who gives the certificate of confirmation] certify as follows:

1. I personally examined [here set out full name and residential address of the patient] at [here set out place of examination] on [here set out date of examination].

2. I am not involved in the day to day treatment or care of the patient.

3. I found the patient to be suffering from the following illness:

 

 

[here set out description of the patient's illness]

4. In my opinion the patient was hopelessly ill for the following reasons:

 

 

[here set out reasons for believing the patient to be hopelessly ill]

5. In my opinion, there was no reason to suppose that the patient was suffering from treatable clinical depression.

 

....................................................
(signature)