Laws regarding euthanasia or assisted suicide in Australia are matters for state and territory governments. As of June 2024 all states and the Australian Capital Territory have passed legislation creating an assisted suicide and euthanasia scheme for eligible individuals. These laws typically refer to the practices as "voluntary assisted dying".
![](http://upload.wikimedia.org/wikipedia/commons/thumb/4/48/Legality_of_assisted_dying_in_Australia.svg/220px-Legality_of_assisted_dying_in_Australia.svg.png)
Voluntary assisted dying schemes have been in effect in the following states; Victoria since 19 June 2019,[1] Western Australia since 1 July 2021,[2] Tasmania since 23 October 2022,[3] Queensland since 1 January 2023,[4] South Australia since 31 January 2023[5] and New South Wales since 28 November 2023.[6] A voluntary assisted dying scheme will go into effect in the Australian Capital Territory on 3 November 2025.[7]
Voluntary euthanasia and assisted dying is currently unlawful in the Northern Territory. Federal law prohibited the Northern Territory and Australian Capital Territory from legislating for the practice between 1997 and 2022. This federal ban was in response to the legalisation of euthanasia for a period between 1996 and 1997 in the Northern Territory.[8]
Throughout Australia a patient can elect not to receive any treatment for a terminal illness and can also elect to have their life support turned off.[9] Advance care planning is also available throughout Australia.[10]
History
editAlthough historically it was usually a crime to assist in euthanasia and suicide, prosecutions were rare. In 2010, the New South Wales Court of Criminal Appeal quashed a manslaughter conviction of a Sydney woman who had previously been found guilty of killing her partner of 18 years with a euthanasia drug.[11][12] In 2002, relatives and friends who provided moral support to an elderly woman who committed suicide were extensively investigated by police, but no charges were laid.
In Tasmania in 2005 a nurse was convicted of assisting in the death of her elderly father, who had terminal cancer, and trying to kill her mother, who was in the early stages of dementia.[13] She was sentenced to two and a half years in jail but the judge later suspended the conviction because he believed the community did not want the woman jailed. This sparked debate about decriminalising euthanasia.[14]
In 2009 Shirley Justins and Caren Jennings, were found guilty of manslaughter and accessory to manslaughter respectively for providing Nembutal to former pilot Graeme Wylie in 2006. Justins stated that Wylie wanted to "die with dignity". The prosecution argued that Graeme Wylie did not have the mental capacity to make the crucial decision to end his life, classing it as involuntary euthanasia.[15]
Exit International made TV ads arguing for voluntary euthanasia, which were banned just before they were scheduled to broadcast in September 2010.[16] The following year the Supreme Court of New South Wales gave a two-year suspended sentence to a 66-year-old man who had facilitated the death of his long-term 78-year-old partner by helping her overdose on drugs and suffocating her. The deceased suffered from severe pain arising from a spinal condition. Furthermore, the deceased had expressed a wish to die in a suicide note written prior to her death. The court convicted the man of manslaughter. The court accounted for the accused's substantial impairment at the time the act was committed as well the fact that he voluntarily revealed his involvement in the commission of the offence.[17]
As of November 2014, 29 bills had been presented in Australian parliaments that sought to legalise access to voluntary euthanasia or physician-assisted dying.[18]
An omission to provide life-sustaining medical treatment is lawful in Australia, unless the patient is deemed mentally incapable of consent.[19]
Federal law
editAs euthanasia is not a legislative power granted to the Federal Parliament under Section 51 of the Constitution of Australia, federal law cannot explicitly legalise or criminalise the practice. The subject is a matter for state parliaments.
Euthanasia Laws Act 1997
editDespite the power to legislate for euthanasia being held by the states, under Section 122 of the Constitution of Australia the Federal Parliament has the power to override any law passed by a territory parliament.[20] This occurred in 1997, when the Federal Parliament passed the Euthanasia Laws Act 1997, originally introduced as a private member's bill by Liberal MP Kevin Andrews.[21] The legislation passed the Senate by 38 votes to 33 in March 1997, having previously passed the House of Representatives by 88 votes to 35 in December 1996.[22][23][24][25] The law amended the Northern Territory (Self-Government) Act 1978 and Australian Capital Territory (Self-Government) Act 1988 to explicitly prevent the Northern Territory Parliament and Australian Capital Territory Legislative Assembly from legislating to allow euthanasia or assisted suicide.[26][27] An identical ban was placed into the Norfolk Island Act 1979, which was later repealed as part of the abolition of self-government on Norfolk Island by the Abbott government in 2015.[28] As well as removing the power of those territories to legalise euthanasia, the Act specifically repealed the provisions of the Rights of the Terminally Ill Act 1995 (NT), which had previously been passed by the Northern Territory Parliament and allowed euthanasia to occur in the territory in the intervening period.
Euthanasia Laws Bill 1996 – Third Reading in the House of Representatives[24] | ||||
---|---|---|---|---|
Party | Votes for | Votes against | Abstained/Absent | |
Liberal (76) | 53
|
|||
Labor (48) | ||||
National (18) | ||||
Independent (5) | ||||
Vacant (1) | - | - | 1 | |
Total (148) | 88 | 35 | 25 |
Euthanasia Laws Bill 1997 – Third Reading in the Senate[25] | ||||
---|---|---|---|---|
Party | Votes for | Votes against | Abstained/Absent | |
Liberal (29) | ||||
Labor (28) | ||||
Democrats (7) | - | |||
National (6) | - | |||
Greens (2) | - | - | ||
Independent (2) | - | - | ||
Vacant (2) | - | - | 2
| |
Total (76) | 38 | 33 | 4 |
Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015
editOver the following 20 years there were nine bills introduced to the parliament to repeal Andrews' legislation, though at no point did any repeal legislation come to a vote on the floor of either chamber of parliament.[29][30] In 2018 the then Liberal Democratic Party (now called the Libertarian Party) Senator, David Leyonhjelm re-introduced a bill into the Senate to remove the federal ban on the ACT and Northern Territory legislating for euthanasia. Leyonhjelm's bill was given priority in the Senate after he secured the Turnbull government's agreement for a conscience vote in the Senate and possibly the House of Representatives (the question of the government permitting a vote in the House was unresolved),[31] in exchange for his support to reinstate the Australian Building and Construction Commission.[31] The Liberal/National government, opposition Labor Party and several minor party crossbenchers held a conscience vote on the legislation. Despite Leyonhjelm expressing optimism for the bill's prospects,[31] it was defeated in the Senate by 36 votes to 34.[32][33]
Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 – Second Reading in the Senate[34] | ||||
---|---|---|---|---|
Party | Votes for | Votes against | Absent[a] | |
Labor (26) | ||||
Liberal (25) | ||||
Greens (9) | - | |||
National (6) | 4
|
|||
One Nation (2) | - | |||
Centre Alliance (2) | - | - | ||
Australian Conservatives (1) | - | - | ||
Katter's Australian (1) | - | - | ||
Palmer United (1) | - | - | ||
Justice (1) | - | - | ||
Liberal Democrats (1) | - | - | ||
Independent (1) | - | - | ||
Total (76) | 34 | 36 | 6 |
Restoring Territory Rights Act 2022
editThe Euthanasia Laws Act remained in effect, even as all six state parliaments passed their own versions of assisted dying legislation between 2017 and 2022. The former Morrison government rejected requests by the Australian Capital Territory (ACT) and Northern Territory governments to repeal the law.[37][38] The Albanese Government, elected in May 2022, endorsed a conscience vote on repeal legislation that was introduced by Labor MPs Luke Gosling and Alicia Payne on 1 August 2022.[39][40] The bill, titled the Restoring Territory Rights Bill 2022, removed the sections of the federal self-government acts for the ACT and Northern Territory that prevented those legislatures from passing euthanasia laws.[41] It did not restore the Northern Territory's euthanasia law that was nullified by the federal parliament in 1997.[41] Debate of the bill was prioritised by the government,[40][42] and was approved by 99 votes to 37 in the House of Representatives on 3 August 2022.[43][44] The bill passed its second reading in the Senate on 24 November 2022 by 41 votes to 25.[45] It passed its third reading in the Senate on 1 December 2022, with no division called.[46] The legislation received royal assent on 13 December 2022 and took immediate effect.[47]
Restoring Territory Rights Bill 2022 – Second Reading in the Senate[45] | ||||
---|---|---|---|---|
Party | Votes for | Votes against | Abstained/Absent | |
Labor (26) | ||||
Liberal (26) | ||||
Greens (12) | - | - | ||
National (6) | - | |||
One Nation (2) | - | |||
Lambie Network (2) | - | |||
Palmer United (1) | - | - | ||
Independent (1) | - | - | ||
Total (76) | 41 | 25 | 10 |
Carriage services
editThe Howard government oversaw the passage of the Criminal Code Amendment (Suicide Related Material Offences) Act 2005, which passed the Federal Parliament in June 2005,[49] and made it a crime to use a telephone, fax, email or internet carriage service to discuss the practicalities of suicide-related material.[50][51][52] The law prompted the Victorian Health Minister to recommend doctors discuss voluntary assisted dying exclusively in person with their patients, so they would not run foul of the federal law.[52] Western Australia's assisted dying law explicitly states that voluntary assisted dying is not suicide.[52]
The presence of the federal law and its relationship with state laws that created lawful assisted dying schemes resulted in a legal grey area over whether voluntary assisted dying, as authorised by a state/territory law, constitutes ‘suicide’ within the meaning of the carriage service offences contained in the Commonwealth Criminal Code.[53] In 2023 a Melbourne GP pursued legal action in the Federal Court to clarify the definition of suicide in the federal criminal code and its applicability to state-based assisted dying legisaltion. In November 2023 the court ruled that the law made it illegal for telehealth consultations concerning assisted dying to be conducted. Justice Wendy Abraham found that the term suicide, as used in the criminal code, applies to the ending of a person’s life through voluntary assisted dying.[54][55] The ruling prompted independent MP Kate Chaney to introduce a bill to federal parliament in February 2024, to amend the Code to make it clear that voluntary assisted dying services are not within the definition of suicide and therefore can be accessed via telehealth and carriage services according to state assisted dying laws.[56][57]
State and territory laws
editSummary of current laws
editJurisdiction | Name | Laws passed | Commencement date |
---|---|---|---|
Victoria | Voluntary Assisted Dying Act 2017 | 29 November 2017 | 19 June 2019 |
Western Australia | Voluntary Assisted Dying Act 2019 | 19 December 2019 | 1 July 2021 |
Tasmania | End-of-Life Choices (Voluntary Assisted Dying) Act 2021 | 4 March 2021 | 23 October 2022 |
Queensland | Voluntary Assisted Dying Act 2021 | 16 September 2021 | 1 January 2023 |
South Australia | Voluntary Assisted Dying Act 2021 | 23 June 2021 | 31 January 2023 |
New South Wales | Voluntary Assisted Dying Act 2022 | 19 May 2022 | 28 November 2023 |
Australian Capital Territory | Voluntary Assisted Dying Act 2024 | 5 June 2024 | 3 November 2025 |
Northern Territory | No |
Past laws
editJurisdiction | Laws passed | Commencement date | Nullified |
---|---|---|---|
Northern Territory | 25 May 1995 | 1 July 1996 | 27 June 1997 |
Australian Capital Territory
editAustralian Capital Territory (ACT) governments had regularly advocated for the right to legalise euthanasia-related schemes between 1997 and 2022, when the federal ban was in practice. Shortly after the federal ban was repealed, the ACT government confirmed it would seek to introduce legislation into the ACT Legislative Assembly in 2023 to permit voluntary assisted dying.[58] A formal consultation period was opened by the government in February 2023,[59] which culminated in a report endorsing the establishment of a voluntary assisted dying scheme, published on 29 June 2023.[60] On 31 October 2023, the Voluntary Assisted Dying Bill 2023 was introduced into the Legislative Assembly.[61][62] Under the legislation, a person would be eligible for voluntary assited dying if they are aged over 18, seeking it voluntarily with decision-making capability, intolerably suffering an advanced-progressive condition expected to cause death, and lives local to the ACT for at least 12 months or with a significant Canberra connection.[62] The bill was referred to a select committee for further consultation, which reported back on 29 February 2024.[63][64][65] The committee recommended several alterations to the bill including clarifying terms such as ‘advanced’ and ‘last stages of life’. Liberals committee members Leanne Castley and Ed Cocks recommended that the bill not be passed, describing it as “the most ideological and extreme assisted dying legislation in the country”, while Greens member Andrew Braddock supported the bill and recommended it be expanded to include people with dementia who had lost individual decision-making capacity.[66]
The legislation returned for debate in the Assembly and was passed by the chamber on 5 June 2024, with 20 votes in favour and five against.[67] Under the finalised legislation, people will become eligible to begin the process of accessing the scheme if they are at least 18 years old and seeking voluntary assisted dying voluntarily with decision-making capability. Further, they will have to show that they are intolerably suffering an advanced, progressive condition expected to cause death and that they have been local to the ACT for at least 12 months, or have a significant Canberra connection.[7] The individual then accesses a "multi-step request and assessment process", requiring independent assessment by two qualified health professionals.[68][69] The scheme differs from the tenets of other state-based schemes, namely; patients do not need to have a specific time frame until they are expected to die, one of the two health practitioners who assess someone’s eligibility may be a nurse practitioner, and patients who receive treatment in institutions (such as hospitals) that object to voluntary assisted dying will have a greater ability to access it than in the states.[70] The legislation was notified on 19 June 2024 and will go into effect on 3 November 2025.[7][71]
Party | Votes for | Votes against | |
---|---|---|---|
Labor (10) | - | ||
Liberal (9) | |||
Greens (6) | - | ||
Total (25) | 20 | 5 |
New South Wales
editOn 21 September 2017 National Party MLC Trevor Khan introduced the Voluntary Assisted Dying Bill 2017 into the New South Wales Parliament. The Bill was modelled on the Oregon Death With Dignity Act, and was developed by a cross party working group that considered 72 "substantial" submissions.[73] The Bill contained what advocates labelled a "raft of safeguards" including a seven-person oversight board to review all assisted deaths.[74] The upper house debated the bill throughout several sittings in November 2017, and on 16 November the bill was voted down 20 votes to 19.[75]
In October 2021 independent MLA Alex Greenwich introduced the Voluntary Assisted Dying Bill into the lower house of the Parliament.[76] The legislation was subjected to a cross-party conscience vote, after Premier and Liberal Party leader Dominic Perrottet indicated he would grant Liberal members a conscience vote.[77][78] The legislation was passed in the Legislative Assembly on 26 November 2021 by 52 votes to 32, and proceeded to the Legislative Council.[76][79] The bill passed the Legislative Council by 23 votes to 15 on 19 May 2022, with amendments attached, that were agreed to by the Assembly that same day.[76][80] The legislation received royal assent on 27 May 2022, and went into effect 18 months thereafter (i.e: 28 November 2023).[81][82][6] New South Wales was the last of the six Australian states to legislate for assisted dying.[83]
Under the provisions of the legislation, a person may make a request for a voluntary assisted death to a specialist doctor, which is lodged with the Voluntary Assisted Dying Board.[84] If the doctor is satisfied that the person has the capacity to make the decision and is doing so voluntarily and determines that the person meets the criteria (i.e: they have a terminal illness that will result in death within six months, or a neurodegenerative condition that will result in death within 12 months, and whose suffering is such that it creates a painful condition that cannot be tolerably relieved), they can approve the request.[84] The same process must then be followed by a second independent doctor.[84] The person may then make a written request declaring their intention to end their life, which must be witnessed by two people and then be submitted to the board. A final request must be made five days later and a review done by the first doctor, who can then apply to the Voluntary Assisted Dying Board to allow access to a substance to end their patient's life.[84] The person may administer the relevant substance themselves or have a health practitioner do it.[84][85]
Northern Territory
editEuthanasia was legalised in Australia's Northern Territory, by the Rights of the Terminally Ill Act 1995. It passed the Northern Territory Legislative Assembly by a vote of 15 to 10. In August 1996 a repeal bill was brought before the Parliament but was defeated by 14 votes to 11.[86] The law was later voided by the federal Euthanasia Laws Act 1997,[22] which is a federal law that was in effect until 13 December 2022[47] and prevented parliaments of territories (Specifically the Northern Territory, the Australian Capital Territory and Norfolk Island) from legalising euthanasia or assisted dying. Before the federal override occurred, three people died through physician assisted suicide under the legislation, aided by Dr Philip Nitschke. The first person was a carpenter, Bob Dent, who died on 22 September 1996.[87]
Party | Votes for | Votes against | |
---|---|---|---|
Country Liberal (17) | |||
Labor (7) | |||
Independent (1) | - | ||
Total (25) | 15 | 10 |
Following the repeal of the federal ban on territory-based euthanasia legislation, the Northern Territory government announced the formation of a community consulation process "for developing a framework for voluntary assisted dying", submissions for which closed in February 2024.[89] The process culminated in the release of a report by an independent expert advisory panel, co-chaired by the Hon Vicki O’Halloran AO CVO and Duncan McConnel SC, which recommended a voluntary assisted dying scheme be established in the Northern Territory.[90] No legislation was brought to the parliament prior to the 2024 general election, at which the incumbent Labor government committed to tabling an assisted dying bill in the next parliament and the opposition Country Liberal Party was noncommittal on the issue.[91]
Queensland
editIn November 2018, the Premier of Queensland, Annastacia Palaszczuk, launched an inquiry considering the possible legalisation of voluntary assisted dying in the state. The inquiry also took into account care of the aged, end of life, and palliative care.[92]
In May 2021, Palaszczuk announced that voluntary assisted dying legislation would be introduced to the Queensland Parliament for consideration.[93] The bill would allow euthanasia, if the patient meets the following criteria:[94]
- Has an eligible condition that is advanced and progressive, with the potential for death within the subsequent 12 months;
- Is capable of making a decision with sound mind;
- Is acting voluntarily and without coercion;
- Is at least 18 years old; and
- Is a resident of Australia and has lived in Queensland for at least twelve months.
On 16 September 2021, the Queensland Legislative Assembly passed the Voluntary Assisted Dying Act 2021 with 61 votes in favour and 31 opposed.[95] The legislation was subject to a conscience vote.[96] It received royal assent on 23 September 2021 went into effect on 1 January 2023.[97]
Party | Votes for | Votes against | Abstained/Absent | |
---|---|---|---|---|
Labor (52) | 48
|
1 | ||
Liberal National (34) | 23 |
|||
Katter's Australian (3) | - | - | ||
Greens (2) | - | - | ||
One Nation (1) | - | - | ||
Independent (1) | - | - | ||
Total (93) | 61 | 30 | 2 |
South Australia
editIn November 2016, the South Australian House of Assembly narrowly rejected a private member's bill which would have legalised a right to request voluntary euthanasia in circumstances where a person is in unbearable pain and suffering from a terminal illness. The bill was the first ever euthanasia bill to pass a second reading stage (27 votes to 19) though the bill was rejected during the clauses debate of the bill (23 votes all, with the Speaker's casting vote against the bill).[100]
In late June 2021, a voluntary euthanasia bill similar to that of other states passed the Parliament of South Australia.[101] The legislation mirrors most of the provisions of the Victorian law, though also allows private hospitals and individual practitioners to conscientiously object from participating in the scheme, provided they refer patients to a place where they can access the scheme. Residents in aged care and retirement villages can also access the scheme in their own homes or units.[101] The Voluntary Assisted Dying Act 2021 went into effect on 31 January 2023.[5][102][103][104]
Details of 2021 parliamentary votes on legalisation of assisted dying in South Australia
| ||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Tasmania
editTasmania came close to legalising voluntary euthanasia in November 2013, when a Greens-initiated voluntary euthanasia bill was narrowly defeated in the House of Assembly by a vote of 13–12. The bill would have allowed terminally ill Tasmanians to end their lives 10 days after making three separate requests to their doctor. Although both major parties allowed a conscience vote, all ten Liberals voted against the legislation, with Labor splitting seven in favour and three against, and all five Greens voting in favour.[107]
In December 2019, independent Legislative Council member Mike Gaffney announced he would introduce a private member's bill to legalise voluntary assisted dying the following year.[108] The End of Life Choices (Voluntary Assisted Dying) Bill was introduced to the Council on 27 August and was passed on 10 November 2020, without a formal vote being recorded. It proceeded to the Legislative Assembly, where it was passed with amendments attached on 4 March 2021 by 16 votes to 6.[109][110] After the Council approved of the Assembly's amendments,[111] the legislation received royal assent on 22 April 2021.[112] The legislation went into effect on 23 October 2022.[3]
Under the provisions of the legislation, in order to access the scheme a person must be at least 18 years of age, have decision-making capacity, be acting voluntarily and be suffering intolerably from a medical condition that is advanced, incurable, irreversible and will cause the person's death in the next six months, or 12 months for neurodegenerative disorders.[111] The person must also be an Australian citizen or have resided in the country for at least three continuous years, and for at least 12 months in Tasmania immediately before making their first request. In total three separate requests must be made to access the scheme, each of which comes with progressively more stringent checks and balances.[111]
Party | Votes for | Votes against | Abstained/Absent | |
---|---|---|---|---|
Liberal (13) | ||||
Labor (9) | - | |||
Greens (2) | - | - | ||
Independent (1) | - | - | ||
Total (25) | 16 | 6 | 3 |
Victoria
editSince 19 June 2019, Victoria permits assisted dying. On 20 September 2017, the Voluntary Assisted Dying Bill 2017 was introduced into the Victorian Parliament by the Andrews Labor Government, permitting assisted suicide. The bill was modelled on the recommendations of an expert panel chaired by former Australian Medical Association president Professor Brian Owler.[113] The bill passed the parliament, with amendments made in the Legislative Council, on 29 November 2017. The upper house voted in favour 22 votes to 18. The lower house voted in favour 47 votes to 37.[114] In passing the bill, Victoria became the first state to legislate for voluntary assisted dying (VAD). The law received royal assent on 5 December 2017 and came into effect on 19 June 2019.[114][115][116] Implementation of the legislation was an ongoing process which took approximately 18 months.[117][118] Challenges identified with implementation which were by noted by the Medical Journal of Australia included restricting access to those who were eligible, while ensuring it did not unfairly prevent those who were eligible from accessing it and translating the legislation into appropriate clinical practice, as well as supporting and managing doctors with conscientious objections.[117]
Under the provisions of the legislation, assisted suicide (otherwise referred to as voluntary assisted dying) may be available in Victoria under the following conditions:[119]
- A person must be suffering from an incurable, advanced and progressive disease, illness or medical condition, and experiencing intolerable suffering.
- The condition must be assessed by two medical practitioners to be expected to cause death within six months (an exception exists for a person suffering from a neurodegenerative condition, where instead the condition must be expected to cause death within 12 months).
- A person must be over the age of 18 and have lived in Victoria for at least 12 months and have decision-making capacity.
- Though mental illness or disability are not grounds for access, people who meet all other criteria and who have a disability or mental illness will not be denied access to assisted dying.
Other processes and safeguards associated with the scheme are in place.[119]
Voluntary Assisted Dying Bill 2017 – Third Reading in Legislative Council[121] | ||||
---|---|---|---|---|
Party | Votes for | Votes against | Absent | |
Labor (14) | - | |||
Liberal (14) | - | |||
National (2) | - | - | ||
Greens (5) | - | - | ||
Shooters, Fishers, Farmers (2) | - | - | ||
Australian Conservatives (1) | - | - | ||
Australian Sex Party (1) | - | - | ||
Vote 1 Local Jobs (1) | - | - | ||
Total (40) | 22 | 18 | 0 |
Western Australia
editIn November 2018 the McGowan Government announced it would introduce an assisted dying bill early in the new year.[122]
On 10 December 2019, the Voluntary Assisted Dying Act 2019 passed the Western Australian Parliament.[123] The legislation had passed the Legislative Council by 24 votes to 11, having previously passed the Legislative Assembly 45 votes to 11.[124] Under the legislation, an eligible person would have to be terminally ill with a condition that is causing intolerable suffering and is likely to cause death within six months, or 12 months for a neurodegenerative condition. The person would have to make two verbal requests and one written request, with each request signed off by two independent doctors. Self-administration of lethal medication is then permitted, though in a departure from the Victorian system, a patient can choose for a medical practitioner to administer the drug.[123][125] The legislation goes into effect on a day to be fixed by proclamation, though the government has advised of an 18-month implementation period.[123][126] The law went into effect on 1 July 2021.[127][128]
Organisations
editThe euthanasia advocacy group YourLastRight.com[129] is the peak organisation nationally representing the "Dying with Dignity" associations of Queensland, New South Wales, Victoria and Tasmania,[130] as well as the South Australian Voluntary Euthanasia Society (SAVES),[131] the Western Australian Voluntary Euthanasia Society (WAVES)[132] and the Northern Territory Voluntary Euthanasia Society (NTVES).[133]
Exit International is an Australian euthanasia advocacy group founded by Philip Nitschke. Other Australian groups include Christians Supporting Choice for Voluntary Euthanasia[134] and Doctors for Voluntary Euthanasia Choice.[135]
Australian institutions and organisations that oppose the legalisation of euthanasia include the Australian Medical Association,[136] HOPE,[137] Right to Life Australia[138] and the Australian Catholic Church.[139] A contemporary Catholic viewpoint is available in a 2020 moral compass style document, expanding on the theme of the parable of the Good Samaritan.[140]
Decriminalisation of euthanasia in Australia is supported by multiple political parties such as the Australian Greens, the Fusion Party,[141] the Libertarian Party,[142] and Reason Australia. Though it is usually a conscience vote for the major parties such as the Australian Labor Party and the Liberal/National Coalition.
See also
editNotes
edit- ^ Kimberley Kitching opposed the legislation but was absent from the chamber, so she was paired with Gavin Marshall who favoured the legislation.[35] Lee Rhiannon favoured the legislation but resigned her seat earlier that day, so she was paired with Bridget McKenzie who opposed the legislation. Arthur Sinodinos, whose position on the bill was unknown, was absent from the chamber due to illness and Kim Carr, who favoured the bill was also absent from the chamber.[36]
- ^ John-Paul Langbroek missed the vote because he was unable to enter the state of Queensland due to COVID-19 internal border closures.[99]
- ^ President of the Council and independent MLC John Dawkins did not vote.
- ^ Geoff Brock (Independent) and Michael Brown (Labor) were paired and did not vote. Josh Teague (Liberal), the Speaker of the House of Assembly, did not vote.
References
edit- ^ Cunningham, Melissa (19 June 2019). "'We're on the right side of history': Victoria's assisted dying laws come into effect for terminally ill". The Age. Archived from the original on 26 June 2019. Retrieved 26 June 2019.
- ^ Charlotte Hamlyn (29 June 2019). "WA's voluntary assisted dying laws come into effect tomorrow as community leaders remain split". ABC News.
After an 18-month implementation period, Western Australia's voluntary assisted dying laws come into effect on Thursday (1 July 2019).
- ^ a b Will Murray (23 October 2022). "Tasmania's voluntary assisted dying laws come into effect today. Here's how they will work". ABC News.
- ^ "Voluntary assisted dying is now legal in Queensland. Here's what you need to know". SBS News. 1 January 2023.
- ^ a b Isabel Dayman (31 January 2023). "Voluntary assisted dying scheme becomes available to eligible patients in South Australia". ABC News.
- ^ a b Haining, C., White, B., Del Villar, K., & Willmott, L. (28 November 2023). "Voluntary assisted dying is now available in all Australian states. How do the NSW laws compare?". The Conversation.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ a b c Peter Jean, Emmy Groves, and Victor Petrovic (5 June 2024). "ACT residents set to be able to access voluntary assisted dying after legislation passes Legislative Assembly". ABC News.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ "Victoria first jurisdiction to allow euthanasia in over two decades". ABC Radio. 17 June 2019. Retrieved 26 June 2019.
- ^ "Advance Care Directives – South Australia". www.advancecaredirectives.sa.gov.au. Retrieved 19 October 2016.
- ^ "Advance Care Planning Australia". www.advancecareplanning.org.au. Retrieved 31 March 2023.
- ^ "Conviction quashed in euthanasia case". Fairfax Media. 28 October 2010.
- ^ "Justins v Regina [2010] NSWCCA 242 (28 October 2010)". austlii.edu.au.
- ^ "Legal case reopens euthanasia debate". Australian Broadcasting Corporation. 20 December 2005. Retrieved 26 February 2012.
- ^ "Assisted suicide case prompts calls for euthanasia law review". Australian Broadcasting Corporation. 20 December 2005. Retrieved 25 February 2012.
- ^ Arlington, Kim (20 June 2008). "Graeme Wylie's partner Shirley Justins guilty of manslaughter". The Daily Telegraph. Retrieved 25 February 2012.
- ^ Alexander, Cathy (13 September 2010). "Pro-euthanasia TV ad ban 'a violation of free speech'". The Age. Retrieved 25 February 2011.
- ^ R v Mathews [2011] NSWSC 339 (28 April 2011), Supreme Court (NSW, Australia).
- ^ Burns, Thomas F. (2014). Burns (2014) The ethics of proposed euthanasia laws in Australia, Dissertation, Monash University (2014) (PhD Thesis). Monash University.
- ^ Australian Capital Territory v JT [2009] ACTSC 105 (28 August 2008), Supreme Court (ACT, Australia).
- ^ "The roles and responsibilities of the three levels of government". Parliamentary Education Office. Archived from the original on 7 November 2019. Retrieved 7 November 2021.
- ^ "Bills Digest no. 36 2010–11: Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2010". aph.gov.au. 10 November 2010.
- ^ a b Euthanasia Laws Act 1997 (Cth)
- ^ Cordner, Stephen; Ettershank, Kathy (29 March 1997). "Australian Senate overturns world's first euthanasia law". The Lancet. 349 (9056): 932. doi:10.1016/S0140-6736(05)62714-6. S2CID 54413319.
- ^ a b "EUTHANASIA LAWS BILL 1996—HOUSE OF REPRESENTATIVES" (PDF). House Votes and Proceedings (HVP) No 58. Commonwealth of Australia: House of Representatives. 9 December 1996.
- ^ a b "Senate Official Hansard". No. 183, 1997. Commonwealth of Australia: Australian Senate. 24 March 1997. p. 155.
- ^ Northern Territory (Self-Government) Act 1978 (Cth) s 50A Laws concerning euthanasia.
- ^ Australian Capital Territory (Self-Government) Act 1988 (Cth) s 23 Matters excluded from power to make laws.
- ^ "Norfolk Island Act 1979". Archived from the original on 9 December 2018. Retrieved 9 December 2018. (Cth) s 19 Legislative power of Legislative Assembly. Repealed as part of the abolition of self-government on Norfolk Island by the Norfolk Island Legislation Amendment Act 2015 (Cth).
- ^ Leah Ferris (3 August 2022). "Restoring Territory Rights Bill 2022: Bills Digest No. 5, 2022–23". aph.gov.au.
- ^ Dr Michael Sloane (21 May 2021). "Free votes in the Commonwealth Parliament 1950-2021: a quick guide". aph.gov.au.
- ^ a b c Paul Karp (14 August 2018). "David Leyonhjelm confident voluntary euthanasia bill will pass Senate". The Guardian.
- ^ Paul Karp (15 August 2018). "Euthanasia bill defeated in the Senate after senators reverse position". The Guardian.
- ^ "Territories euthanasia bill sunk in Senate". SBS News. 15 August 2018.
- ^ "Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 – Second Reading". Australian Senate Hansard – 15 August 2018. Commonwealth of Australia: Senate. 15 August 2018. p. 4965-66.
- ^ "Threat to Malcolm Turnbull as euthanasia cabinet split looms". The Australian.
- ^ (refer to this article in The Australian), though note the article is behind a paywall.
- ^ Isaac Nowroozi and Niki Burnside (8 October 2021). "Request to allow for voluntary assisted dying laws in ACT and NT denied by Attorney-General Michaelia Cash". ABC News.
- ^ Dominic Giannini (19 May 2022). "PM draws line on assisted dying in NT, ACT". 7news.com.au.
- ^ Josh Butler (25 July 2022). "Federal Labor allows conscience vote on push to overturn ban on ACT and NT assisted dying laws". Guardian Australia.
- ^ a b "Restoring Territory Rights Bill 2022". aph.gov.au.
- ^ a b "Explanatory Memorandum: Restoring Territory Rights Bill 2022". aph.gov.au.
- ^ Lisa Visentin (1 August 2022). "Parliament to host de facto euthanasia debate with territory rights bill". The Sydney Morning Herald.
- ^ Maeve Bannister (3 August 2022). "Lower house supports territory rights". The Canberra Times.
- ^ Niki Burnside (3 August 2022). "Euthanasia ban for ACT and NT closer to being repealed as territory rights bill passes House of Representatives". ABC News.
- ^ a b "Restoring Territory Rights Bill 2022 – Second Reading". Parliament of Australia. Australia: Senate. 24 November 2022.
- ^ "Restoring Territory Rights Bill 2022 – Third Reading". Parliament of Australia. Australia: Senate. 1 December 2022.
- ^ a b "Restoring Territory Rights Act 2022". Federal Register of Legislation.
- ^ "Restoring Territory Rights Bill 2022 – Third Reading". Parliament of Australia. Australia: House of Representatives. 3 August 2022.
- ^ "Criminal Code Amendment (Suicide Related Material Offences) Bill 2005". aph.gov.au.
- ^ "Explanatory Memorandum: Criminal Code Amendment (Suicide Related Material Offences) Bill 2005". aph.gov.au.
- ^ Marshall Perron (5 January 2006). "Suicide debate law a blow to free speech". The Age.
- ^ a b c "Implications of the Federal Carriage Service Act for VAD in Australia". dwdv.org.au. 14 July 2020.
- ^ Leah Ferris (3 August 2023). "Do Commonwealth carriage service offences apply to voluntary assisted dying?". aph.gov.au.
- ^ Melissa Davey & Benita Kolovos (30 November 2023). "Telehealth consultations for voluntary assisted dying are illegal under Australian law, court finds". The Guardian.
- ^ "Carr v Attorney-General (Cth) [2023] FCA 1500". FEDERAL COURT OF AUSTRALIA. 30 November 2023.
- ^ "Criminal Code Amendment (Telecommunications Offences for Suicide Related Material—Exception for Lawful Voluntary Assisted Dying) Bill 2024". aph.gov.au.
- ^ Matthew Doran (12 February 2024). "MP pushes to legalise telehealth consultations on voluntary assisted dying". ABC News.
- ^ Alex Morgan (2 December 2022). "Canbera pushes ahead with Euthanasia laws". The Canberra Times.
- ^ Tahlia Roy (7 February 2023). "Canberra's voluntary assisted dying laws could differ significantly from other jurisdictions". ABC News.
- ^ "Voluntary assisted dying". Your Say. ACT Government.
- ^ "Voluntary Assisted Dying Bill 2023". legislation.act.gov.au.
- ^ a b Tahlia Roy & Patrick Bell (31 October 2023). "ACT government introduces voluntary assisted dying bill, revealing how Canberra's laws could differ to other jurisdictions". ABC News.
- ^ "Hansard: Edited proof copy" (PDF). hansard.act.gov.au. 31 October 2023.
- ^ "Select Committee on Voluntary Assisted Dying Bill 2023". parliament.act.gov.au.
- ^ "Inquiry into the Voluntary Assisted Dying Bill 2023" (PDF). Legislative Assembly for the Australian Capital Territory. 29 February 2024.
- ^ Nicholas Fuller (1 March 2024). "Report into ACT voluntary assisted dying bill published". Canberra Daily.
- ^ Dominic Giannini (5 June 2024). "ACT passes voluntary assisted dying laws". The Canberra Times.
- ^ Tahlia Roy and Patrick Bell (31 October 2023). "ACT government introduces voluntary assisted dying bill, revealing how Canberra's laws could differ to other jurisdictions". ABC News.
- ^ "Making choices about the end of life". act.gov.au.
- ^ Ben White, Linda Willmott and Madeleine Archer (6 June 2024). "Voluntary assisted dying laws have been passed in the ACT. Here's what happens next". The Conversation.
- ^ "Voluntary Assisted Dying Act 2024". legislation.act.gov.au.
- ^ Oliver Jacques (5 June 2024). "Voluntary assisted dying legalised in ACT after 30-year battle". Riotact.
- ^ "Emotions high as assisted dying bill lands". sbs.com.au. 21 September 2017. Archived from the original on 21 September 2017. Retrieved 21 September 2017.
- ^ Nicholls, Sean (19 September 2017). "Oversight safeguard added to proposed assisted dying laws in NSW". Archived from the original on 21 September 2017. Retrieved 21 September 2017.
- ^ "Euthanasia debate: NSW Parliament rejects bill on voluntary assisted dying". ABC News. 17 November 2017.
- ^ a b c "Voluntary Assisted Dying Bill 2021". parliament.nsw.gov.au.
- ^ "Shooters party MPs back euthanasia bill as NSW parliament gears up for crucial vote". The Guardian. 12 October 2021.
- ^ "NSW voluntary assisted dying bill delayed until 2022 after referral to Upper House committee". ABC News. 19 October 2021.
- ^ Ashleigh Raper (26 November 2021). "Voluntary assisted dying bill passes lower house of NSW parliament". ABC News.
- ^ Hamish Goodall (19 May 2022). "Voluntary assisted dying is now legal in NSW after MPs vote in favour of euthanasia laws". 7News.com.au.
- ^ "Voluntary Assisted Dying Act 2022 No 17". legislation.nsw.gov.au.
- ^ "Voluntary assisted dying". NSW Government.
- ^ "NSW becomes final state to legalise voluntary assisted dying for terminally ill people". SBS News. 28 November 2023.
- ^ a b c d e Ashleigh Raper (20 November 2021). "This is what people in NSW will need to do before they end their life if voluntary assisted dying becomes legal". ABC News.
- ^ Jesse Hyland (27 November 2023). "How voluntary assisted dying laws will work in New South Wales". ABC News.
- ^ "Euthanasia and Assisted Suicide in Australia". The World Federation of Right to Die Societies. Archived from the original on 12 August 2014. Retrieved 10 August 2014.
- ^ "NT ACT euthanasia law ban must go: senator". The West Australian. 3 November 2017. Archived from the original on 7 November 2017. Retrieved 4 November 2017.
- ^ "Debates Day 2 – Wednesday 24 May 1995". Territory Stories. Northern Territory: Northern Territory Legislative Assembly. 24 May 1995. p. 3782.
- ^ "Voluntary assisted dying". cmc.nt.gov.au.
- ^ "Report into Voluntary Assisted Dying in the Northern Territory" (PDF). cmc.nt.gov.au.
- ^ Suzanne James (15 August 2024). "Support grows for voluntary assisted dying in the NT". Green Left Weekly.
- ^ Caldwell, Felicity (14 November 2018). "Premier launches inquiry into the legalisation of voluntary euthanasia". The Canberra Times. Archived from the original on 16 September 2021. Retrieved 14 November 2018.
- ^ "'It's going to be an option there for people': Assisted dying legislation to be introduced to Queensland Parliament". ABC News (Australia). 18 May 2021. Archived from the original on 6 August 2021. Retrieved 18 May 2021.
- ^ "Explanatory Notes: Voluntary Assisted Dying Bill 2021" (PDF). parliament.qld.gov.au.
- ^ "Queensland parliament votes to legalise voluntary assisted dying". 7NEWS. 16 September 2021. Archived from the original on 16 September 2021. Retrieved 16 September 2021.
- ^ "Applause in Queensland Parliament gallery as historic bill passed, legalising voluntary assisted dying". ABC News (Australia). 16 September 2021. Archived from the original on 16 September 2021.
- ^ "Voluntary Assisted Dying Act 2021". legislation.qld.gov.au.
- ^ "Legislative Assembly – Record of Proceedings – First Session Of The Fifty Seventh Parliament" (PDF). Record of Proceedings (Hansard). Queensland: Legislative Assembly of Queensland. 16 September 2021. p. 2849.
- ^ "Voluntary euthanasia laws set to be passed by parliament". In Queensland. 16 September 2021.
- ^ "Voluntary euthanasia: South Australian Parliament knocks back Death With Dignity euthanasia bill". ABC News. 16 November 2016. Archived from the original on 19 November 2016. Retrieved 17 November 2016.
- ^ a b "Voluntary assisted dying to become law in South Australia as euthanasia bill passes Parliament". www.abc.net.au. 24 June 2021. Retrieved 24 June 2021.
- ^ "Voluntary Assisted Dying in South Australia". sahealth.sa.gov.au.
- ^ Stephanie Richards (12 August 2022). "SA euthanasia laws effective from January". In Daily.
- ^ "Voluntary Assisted Dying Act 2021" (PDF). legislation.sa.gov.au. Archived from the original (PDF) on 26 October 2021. Retrieved 26 October 2021.
- ^ "Voluntary Assisted Dying Bill 2021 – as passed in Legislative Council". Hansard. South Australia: Legislative Council. 5 May 2021. Archived 29 October 2019 at the Wayback Machine
- ^ "Voluntary Assisted Dying Bill 2021 – as passed with amendments in the House of Assembly". Hansard. South Australia: House of Assembly. 9 June 2021. Archived 29 October 2019 at the Wayback Machine
- ^ "Voluntary euthanasia law defeated by two votes". ABC News (Australia). 26 November 2013. Archived from the original on 19 September 2021.
- ^ "Voluntary Assisted Dying Tasmania 2020 campaign to step up in new year". 12 December 2019. Archived from the original on 19 September 2021. Retrieved 12 December 2019.
- ^ a b "House Assembly – Votes and Proceedings". Votes and Proceedings (Hansard). Tasmania: Tasmanian House of Assembly. 4 March 2021. Archived 25 October 2021 at the Wayback Machine
- ^ "End Of Life Choices (Voluntary Assisted Dying) Bill 2020 (30 of 2020)". parliament.tas.gov.au. Archived from the original on 22 February 2022. Retrieved 21 October 2021.
- ^ a b c "Tasmania has legalised voluntary assisted dying. What happens now and how will it work?". ABC News (Australia). 24 March 2021. Archived from the original on 19 September 2021.
- ^ End-of-Life Choices (Voluntary Assisted Dying) Act (2021) (Tas)
- ^ Edwards, Jean (19 September 2017). "Victoria's assisted dying bill to hit Parliament, to be voted on by end of year". Australian Broadcasting Corporation. Archived from the original on 20 September 2017. Retrieved 20 September 2017.
- ^ a b "Euthanasia: Victoria becomes the first Australian state to legalise voluntary assisted dying". ABC News. 29 November 2017.
- ^ "Voluntary Assisted Dying Act 2017" (PDF). Legislation.vic.gov.au. Retrieved 5 December 2017.
- ^ Melissa Cunningham (19 June 2019). "'We're on the right side of history': Victoria's assisted dying laws come into effect for terminally ill". The Age.
- ^ a b Close, Eliana; Willmott, Lindy; White, Ben P. (25 February 2019). "Victoria's voluntary assisted dying law: clinical implementation as the next challenge". The Medical Journal of Australia. 210 (5): 207–209.e1. doi:10.5694/mja2.50043. PMID 30801714. S2CID 73461613.
- ^ "Voluntary Assisted Dying". Health.vic.
- ^ a b "Overview: voluntary assisted dying". Health.vic.
- ^ "Voluntary Assisted Dying Bill 2017 – Third Reading" (PDF). Legisaltive Assembly Fifth-Eighth Parliament First Session. Victoria: Legislative Assembly. 19 October 2017. p. 3468.
- ^ "Voluntary Assisted Dying Bill 2017 – Third Reading" (PDF). Legisaltive Council Fifth-Eighth Parliament First Session. Victoria: Legislative Council. 21 November 2017. p. 6391.
- ^ "McCusker drafted to write WA government's voluntary assisted dying law". Brisbane Times. 12 November 2018. Archived from the original on 12 November 2018. Retrieved 12 November 2018.
- ^ a b c Perpitch, Nicolas (10 December 2019). "Voluntary euthanasia becomes law in WA in emotional scenes at Parliament". ABC News. Archived from the original on 10 December 2019. Retrieved 10 December 2019.
- ^ "Voluntary euthanasia bill passes WA Upper House with laws set to take hold within days". ABC. 5 December 2019. Retrieved 5 December 2019.
- ^ "Voluntary assisted dying". Western Australia Department of Health.
- ^ "Voluntary Assisted Dying Act 2019" (PDF). legislation.wa.gov.au.
- ^ "Voluntary Assisted Dying".
- ^ "Voluntary Assisted Dying".
- ^ "Everybody deserves a peaceful ending | YourLastRight.com". Archived from the original on 22 June 2012. Retrieved 7 June 2012..
- ^ "DWDV – Links". Archived from the original on 17 March 2012. Retrieved 25 February 2012.
- ^ "Saves". www.saves.asn.au. Retrieved 19 October 2016.
- ^ "WAVES – Western Australian Voluntary Euthanasia Society". www.waves.org.au. Retrieved 19 October 2016.
- ^ "NTVES". www.ntves.org.au. Retrieved 19 October 2016.
- ^ "Christians Supporting Choice for Voluntary Euthanasia". www.christiansforve.org.au. Retrieved 19 October 2016.
- ^ "Welcome | drs4vechoice.org". drs4vechoice.org. Archived from the original on 19 October 2016. Retrieved 19 October 2016.
- ^ "On assisted dying". Australian Medical Association. 20 June 2016. Archived from the original on 12 April 2019.
- ^ "Home – HOPE: No Euthanasia". Hope Australia. Retrieved 19 October 2016.
- ^ Admin. "Euthanasia - Right To Life Australia". righttolife.com.au. Retrieved 13 June 2018.
- ^ Sutherland, Irene. "Euthanasia - Catholic Church in Australia". www.catholic.org.au. Archived from the original on 14 March 2016. Retrieved 19 October 2016.
- ^ "Letter Samaritanus bonus on the care of persons in the critical and terminal phases of life (14 July 2020)".
- ^ "Individual Freedoms". fusionparty.org.au. Fusion Party (Australia). Retrieved 17 June 2023.
- ^ "Assisted Suicide". Liberal Democratic Party. 2009. Archived from the original on 26 September 2010. Retrieved 27 September 2010.
Further reading
edit- Bartels L, Otlowski M (February 2010). "A right to die? Euthanasia and the law in Australia". J Law Med. 17 (4): 532–55. PMID 20329456.
- Victoria's hub for health services and business - Voluntary Assisted Dying Bill Archived 20 September 2017 at the Wayback Machine