Voluntary Euthanasia and the South Australian Parliament
SA Parliamentary System
The South Australian parliament comprises a Lower House, the House of Assembly, and an Upper House, the Legislative Council.
The House of Assembly has 47 members, each representing a constituency. Members are elected by simple majority taking into account second preferences. The main business of government is conducted in this House.
The Legislative Council has 22 members elected by proportional representation with each member representing the whole State. It operates primarily as a house of review.
Nearly all MP's belong to a political party so that there are only a few Independents.
Bills (draft laws) may be introduced by Government or individual (ie private) members in either House, and in general must be passed by both Houses to become law. A "conscience vote", ie, a vote not formally directed by party policy, may be allowed on Bills dealing with ethically controversial issues such as voluntary euthanasia. These are usually introduced by private members and are likely to be referred to a Select Committee for detailed consideration before being debated in the House initiating the Bill. It may or may not then pass to the other House. Sometimes the Bill is referred to a Standing Committee, ie a Committee permanently set up with several related matters to consider, rather than a Select Committee.
As limited time is allowed for Private Members' Bills, progress is slow. When an election is called, all Bills under consideration and all Committees lapse. The incoming government has the option of reinstating consideration of a lapsed Bill.
Brief History
The South Australian Voluntary Euthanasia Society (SAVES) was formed towards the end of 1983. At around this time, and quite unrelated to SAVES' formation, the South Australian Parliament passed the Natural Death Act, 1983, which provided for a simple Living Will (advance directive) declining medical and surgical measures intended to prolong bodily functions incapable of independent operation.
A Select Committee on the Law and Practice Relating to Death and Dying was established by Parliament at the end of 1990. It completed its task two years later, opting for palliative care and dismissing voluntary euthanasia
in 500 words or so. However, it did propose replacing the Natural Death Act, 1983 with very comprehensive Living Will provisions (see Fact Sheet 8). This was accomplished in 1996 by the Consent to Medical Treatment and Palliative Care Act 1995.
South Australia's first Voluntary Euthanasia Bill was presented in 1995 by John Quirke but was rejected without a full debate.
Anne Levy's Bill was presented in 1996 and referred to a Select Committee of the Legislative Council in August 1997. A substantial number of written submissions were received, but the the Bill and its Committee lapsed when a State election was called. The new government referred the Bill and submissions to a Standing Committee, the Social Development Committee. Further submissions were called for in July 1998.
The Committee tabled its report to Parliament on 20 October 1999 with 11 recommendations. Nine refer to palliative care and were unanimous. Only two refer specifically to the Bill. They are that "active voluntary euthanasia
and physician-assisted suicide remain criminal offences" and "the lapsed Voluntary Euthanasia Bill 1996 not be introduced" (in other words, should not be further debated). These recommendations were not supported by two
of the six members.
The majority recommendation of the Committee was eventually accepted by parliament around April 00 and the Bill itself was not debated. A new Bill, the Dignity in Dying Bill, was introduced into the SA Parliament in 2002.
See the Dignity in Dying Bill 2002 (pdf format)
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