Euthanasia in Australia

In 2018 Liberal Democrats legislator David Leyonhjelm introduced a bill into the Senate to remove the federal ban on the Australian Capital Territory and Northern Territory legislating for euthanasia. The bill was given priority in the Senate and was subject to a conscience vote for both the Coalition Government and opposition Labor Party, though it was defeated at the second reading stage by 36 votes to 34.[15]

On 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.[19] The Bill contained " a raft of safeguards" including a seven-person oversight board to review all assisted deaths.[20] 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.[21]

Euthanasia was legalised in Australia's Northern Territory, by the Rights of the Terminally Ill Act 1995. It passed the Northern Territory Parliament 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.[22] The law was later voided by the federal Euthanasia Laws Act 1997 (Cth),[23] a statute of the Australian Parliament that amended the Northern Territory (Self-Government) Act 1978,[24] the Australian Capital Territory (Self-Government) Act 1988 (Cth),[25] and the Norfolk Island Act 1979 (Cth),[26] This law removed the power of each of those territories to legalise euthanasia, and specifically repealed the provisions of Rights of the Terminally Ill Act 1995 (NT). The powers of the Northern Territory, the Australian Capital Territory and the Norfolk Island legislatures, unlike those of the State legislatures, are not guaranteed by the Australian constitution and may be amended or overruled by the Commonwealth. However, before the Commonwealth government made this amendment, three people had already 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. Liberal Democrats Senator David Leyonhjelm attempted to repeal the Euthanasia Laws Act and in August 2018 introduced the Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015. The bill was rejected by the Senate by 36 votes to 34.[15][27]

In November 2018, the Premier of Queensland launched an inquiry into the possibility of legalising voluntary assisted dying in her state. The inquiry will also take into account care of the aged, end of life, and palliative care.[28]

In 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).[29]

Tasmania 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.[30]

In December 2019, independent Legislative Council member for Mersey Mike Gaffney announced his intention to introduce private members bill for voluntary assisted dying legislation early in 2020.[31]

Victoria does not permit euthanasia, but 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.[32] The bill passed the parliament, with amendments made in the Legislative Council, on 29 November 2017.[33] 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.[33][34][35] Implementation of the legislation was an ongoing process which took approximately 18 months.[36][37] 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.[36]

Under the provisions of the legislation, assisted suicide (otherwise referred to as voluntary assisted dying) may be available in Victoria under the following conditions:[38]

• 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.[38]

In November 2018 the McGowan Government announced it would introduce an assisted dying bill early in the new year.[39]

On 10 December 2019, the Voluntary Assisted Dying Act 2019 passed the West Australian Parliament.[40] The legislation had passed the Legislative Council by 24 votes to 11, having previously passed the Legislative Assembly 45 votes to 11.[41] 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.[40][42] The legislation goes into effect on a day to be fixed by proclamation, though the government has advised of an 18-month implementation period.[40][43]