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Voluntary Assisted Dying Act 2017 (Victoria)

October 18, 2023

On 29 November 2017, Victoria became the first Australian state to pass legislation allowing assisted suicide. The law gives anyone suffering a terminal illness, with less than six months to live, the right to end their life. The law had an 18-month implementation period, and came into effect on 19 June 2019.[4]

Voluntary Assisted Dying
Parliament of Victoria
  • Voluntary Assisted Dying Act 2017
Citation61/2017
Passed byParliament of Victoria
Passed29 November 2017
Royal assent5 December 2017[1]
Commenced19 June 2019
Legislative history
Bill titleVoluntary Assisted Dying Bill 2017 [2]
Introduced byHon. Jill Hennessy MP
First reading20 September 2017
Second reading18 October 2017
Third reading20 October 2017
Member in chargeHon. Gavin Jennings MLC
First reading20 October 2017
Second reading3 November 2017
Third reading22 November 2017
Amended by
Legislative Council[3]
Summary
To provide for and regulate access to voluntary assisted dying
Keywords
Euthanasia, Right to die
Status: Current legislation

The Bill Edit

On 20 September 2017, the Voluntary Assisted Dying Bill 2017 was introduced into the Legislative Assembly of the Victorian Parliament by the Andrews Labor Government. The bill is modelled on the recommendations of an expert panel chaired by former Australian Medical Association president Professor Brian Owler. The proposed legislation was said by proponents to be the most conservative in the world; it contains 68 safeguards including measures designed to protect vulnerable people from coercion and abuse, as well as a Review Board to promote compliance.[5][6] Labor and Coalition MPs were allowed a conscience vote on the Bill.[7][8]

The bill was debated in the lower house over three sitting days, passing the assembly without amendment on 20 October 2017 after an emotional and tense debate[9] which lasted more than 24 hours.[10] The bill was passed by 47 votes to 37.[11] The bill moved to the Legislative Council for debate.

Former Prime Minister Paul Keating spoke out against the passing of the bill to the upper house saying "the passage of the Voluntary Assisted Dying Bill through the Victorian lower house is truly a sad moment for the whole country."[12]

The Prime Minister at the time, Malcolm Turnbull, who is also against euthanasia, said:

It is the Victorian parliament's job to do this, I'm not a supporter of euthanasia but I have been following the debate and it would be very interesting to see if their upper house passes it and what follows on from it. ... Federal law prevails over a state law but only in an area that both the Commonwealth and the state parliament have jurisdiction, so you've got to begin with an area where the federal parliament has jurisdiction.[13]

On 14 November 2017, the government agreed to a series of amendments designed to garner further support for the bill in the council. For terminally ill adults in severe pain and with only 12 months to live, the deadline to access lethal drugs was cut to six months, except for sufferers of neurodegenerative conditions such as motor neurone disease and multiple sclerosis. Additionally, an amendment restricting this scheme to people who have lived in Victoria for 12 months was accepted, as was a requirement for a death to be documented as assisted dying, in addition to noting the underlying disease. Funding for palliative care in regional areas was also increased as part of the agreement.[14] On 22 November 2017, the bill in its amended form passed the council by 22 votes to 18, after a marathon sitting lasting more than 28 hours.[15]

The bill returned to the Legislative Assembly for consideration of the council's amendments. The Assembly approved of the council's amendments on 29 November 2017. In passing the legislation, Victoria became the first state to legalise assisted suicide. The law received royal assent on 5 December 2017, and came into effect on 19 June 2019.[16][17] The 18-month period allowed for implementation of the scheme including establishment of a review board.[18]

Reactions Edit

Kathy Eagar, the executive director of the Australian Palliative Care Outcomes Collaboration, and director of the Australian Health Services Research Institute at the University of Wollongong, has analysed the statistics surrounding euthanasia internationally, and says the law is limited. According to Eagar, the most important reason people choose euthanasia is that they don't want to lose their independence and autonomy. She believes euthanasia is a social issue and not a health issue, and maintains that less than one in five people choose euthanasia due to pain.[19]

They've been very careful and very cautious in the approach, but a lot of the people who've been very strong advocates for euthanasia are not people with a life expectancy of less than 12 months. They are people living with debilitating conditions for many, many years and they won't be eligible for voluntary assisted dying under the legislation... "The conversation about, 'I am doing this because I want to make existential choices about the end of my life', that's a much harder conversation to have as a community, but it is the one we need."[19]

— Kathy Eagar

Lorraine Baker, the Victorian President of the Australian Medical Association, said that the passing of the legislation marked a "significant shift" in medical practice in Victoria, but the conscientious objection provisions contained in the legislation would ensure that doctors would not be forced into taking part in voluntary assisted dying.[20]

The outcome of this parliamentary vote will cause anguish for some members of our profession, as well as the public...(doctors should not be involved in) interventions that have as their primary intention the ending of a person's life

— Lorraine Baker, The Age newspaper 22 November 2017[20]

Euthanasia advocate Philip Nitschke called the law "beg and grovel legislation" because people will only be able to access it as a privilege granted in extremis rather than as a right to be accessed at a time nominated by the patient.[21]

First use Edit

Kerry Robertson was the first person to be granted a permit under the Voluntary Assisted Dying Act. Robertson was diagnosed with breast cancer in 2010 and was declared cancer free after surgery, chemotherapy and radiation treatment. Four years later she developed a tumour in her in bones, that spread to her lungs and brain. When the cancer spread to her liver Robertson ceased treatment. Her palliative care team was unable to ease the pain. Robertson applied for the permit on the first day the act came into force, 19 June 2019, citing "loss of joy" as her reason. Robertson ended her life on 15 July 2019 at the age of 61 with her two daughters, and best friend by her side.[22]

See also Edit

External video
  Fact check: Has assisted dying been a legal slippery slope overseas?[23]

References Edit

  1. ^ "Voluntary Assisted Dying Bill 2017". legislation.vic.gov.au. from the original on 8 January 2018. Retrieved 8 January 2017.
  2. ^ "Voluntary Assisted Dying Bill 2017" (PDF). legislation.vic.gov.au. Archived from the original on 2 December 2017. Retrieved 2 December 2017.
  3. ^ "VOLUNTARY ASSISTED DYING BILL 2017 (Amendments made by the Legislative Council)" (PDF). legislation.vic.gov.au. 22 November 2017. Archived (PDF) from the original on 2 December 2017. Retrieved 2 December 2017.
  4. ^ "Voluntary Assisted Dying". Health.vic.
  5. ^ Edwards, Jean (19 September 2017). "Victoria's assisted dying bill to hit Parliament, to be voted on by end of year". abc.net.au. from the original on 20 September 2017. Retrieved 20 September 2017.
  6. ^ "Voluntary Assisted dying Act 61/2017, Section 93".
  7. ^ "Premier's Department Historic Voluntary Assisted Dying Bill Now In Parliament". premier.vic.gov.au. 20 September 2017. from the original on 20 September 2017. Retrieved 20 September 2017.
  8. ^ Johnston, Matt; Hore, Monique (20 September 2017). "Assisted dying Bill before parliament includes safeguards to prevent encouraging euthanasia". heraldsun.com.au. Retrieved 20 September 2017.
  9. ^ Johnsoton, Matt; Alison, Genevieve (20 October 2017). "Voluntary euthanasia laws pass lower house in marathon session". heraldsun.com.au. Retrieved 20 October 2017.
  10. ^ "Historic euthanasia laws pass Victoria's lower house after marathon sitting". The Age. 20 October 2017. Retrieved 20 October 2017.
  11. ^ "Euthanasia: Voluntary Assisted Dying Bill passes Victoria's Lower House after 26-hour debate". ABC News. 20 October 2017. Retrieved 20 October 2017.
  12. ^ Kenny, Mark (20 October 2017). "Victoria has just voted to remove its most basic human right: Paul Keating". smh.com.au. from the original on 20 October 2017. Retrieved 20 October 2017.
  13. ^ Hutchinson, Samantha; Brown, Greg (20 October 2017). "Euthanasia bill passes Victorian parliament". theaustralian.com.au. Retrieved 20 October 2017.
  14. ^ "Euthanasia: Victoria's Voluntary Assisted Dying Bill likely to pass with amendments". ABC News. 14 November 2017.
  15. ^ "Voluntary assisted dying bill passes Victoria's Upper House, state set to make history". ABC News. 22 November 2017.
  16. ^ "Euthanasia: Victoria becomes the first Australian state to legalise voluntary assisted dying". ABC News. 29 November 2017.
  17. ^ "Voluntary Assisted Dying Act 2017" (PDF). legislation.vic.gov.au. 5 December 2017. (PDF) from the original on 8 June 2018. Retrieved 8 June 2018.
  18. ^ Voluntary Assisted Dying
  19. ^ a b Jackson, Elizabeth (2 December 2017). "Euthanasia: It's not just about unbearable pain, it's about self determination, expert says". abc.net.au. from the original on 2 December 2017. Retrieved 2 December 2017.
  20. ^ a b Preiss, Benjamin (22 November 2017). "Historic euthanasia laws pass Victorian upper house". theage.com.au. from the original on 5 December 2017. Retrieved 6 December 2017.
  21. ^ Manch, Thomas (8 November 2018). "Euthanasia pioneer warns of 'beg and grovel' legislation". Stuff.nz.co. Retrieved 9 November 2018.
  22. ^ Cunningham, Melissa (4 August 2019). "She left with courage and grace': Daughters farewell Victoria's first person to access assisted dying". theage.com.au. from the original on 4 August 2019. Retrieved 4 August 2019.
  23. ^ "Fact check: Has assisted dying been a legal slippery slope overseas?". abc.net.au. 21 November 2017. from the original on 6 December 2017. Retrieved 6 December 2017.

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 20 September 2017 at the Wayback Machine

October 18, 2023
voluntary, assisted, dying, 2017, victoria, november, 2017, victoria, became, first, australian, state, pass, legislation, allowing, assisted, suicide, gives, anyone, suffering, terminal, illness, with, less, than, months, live, right, their, life, month, impl. On 29 November 2017 Victoria became the first Australian state to pass legislation allowing assisted suicide The law gives anyone suffering a terminal illness with less than six months to live the right to end their life The law had an 18 month implementation period and came into effect on 19 June 2019 4 Voluntary Assisted DyingParliament of VictoriaLong title Voluntary Assisted Dying Act 2017Citation61 2017Passed byParliament of VictoriaPassed29 November 2017Royal assent5 December 2017 1 Commenced19 June 2019Legislative historyBill titleVoluntary Assisted Dying Bill 2017 2 Introduced byHon Jill Hennessy MPFirst reading20 September 2017Second reading18 October 2017Third reading20 October 2017Member in chargeHon Gavin Jennings MLCFirst reading20 October 2017Second reading3 November 2017Third reading22 November 2017Amended byLegislative Council 3 SummaryTo provide for and regulate access to voluntary assisted dyingKeywordsEuthanasia Right to dieStatus Current legislation Contents 1 The Bill 2 Reactions 3 First use 4 See also 5 References 6 Further readingThe Bill EditOn 20 September 2017 the Voluntary Assisted Dying Bill 2017 was introduced into the Legislative Assembly of the Victorian Parliament by the Andrews Labor Government The bill is modelled on the recommendations of an expert panel chaired by former Australian Medical Association president Professor Brian Owler The proposed legislation was said by proponents to be the most conservative in the world it contains 68 safeguards including measures designed to protect vulnerable people from coercion and abuse as well as a Review Board to promote compliance 5 6 Labor and Coalition MPs were allowed a conscience vote on the Bill 7 8 The bill was debated in the lower house over three sitting days passing the assembly without amendment on 20 October 2017 after an emotional and tense debate 9 which lasted more than 24 hours 10 The bill was passed by 47 votes to 37 11 The bill moved to the Legislative Council for debate Former Prime Minister Paul Keating spoke out against the passing of the bill to the upper house saying the passage of the Voluntary Assisted Dying Bill through the Victorian lower house is truly a sad moment for the whole country 12 The Prime Minister at the time Malcolm Turnbull who is also against euthanasia said It is the Victorian parliament s job to do this I m not a supporter of euthanasia but I have been following the debate and it would be very interesting to see if their upper house passes it and what follows on from it Federal law prevails over a state law but only in an area that both the Commonwealth and the state parliament have jurisdiction so you ve got to begin with an area where the federal parliament has jurisdiction 13 On 14 November 2017 the government agreed to a series of amendments designed to garner further support for the bill in the council For terminally ill adults in severe pain and with only 12 months to live the deadline to access lethal drugs was cut to six months except for sufferers of neurodegenerative conditions such as motor neurone disease and multiple sclerosis Additionally an amendment restricting this scheme to people who have lived in Victoria for 12 months was accepted as was a requirement for a death to be documented as assisted dying in addition to noting the underlying disease Funding for palliative care in regional areas was also increased as part of the agreement 14 On 22 November 2017 the bill in its amended form passed the council by 22 votes to 18 after a marathon sitting lasting more than 28 hours 15 The bill returned to the Legislative Assembly for consideration of the council s amendments The Assembly approved of the council s amendments on 29 November 2017 In passing the legislation Victoria became the first state to legalise assisted suicide The law received royal assent on 5 December 2017 and came into effect on 19 June 2019 16 17 The 18 month period allowed for implementation of the scheme including establishment of a review board 18 Reactions EditKathy Eagar the executive director of the Australian Palliative Care Outcomes Collaboration and director of the Australian Health Services Research Institute at the University of Wollongong has analysed the statistics surrounding euthanasia internationally and says the law is limited According to Eagar the most important reason people choose euthanasia is that they don t want to lose their independence and autonomy She believes euthanasia is a social issue and not a health issue and maintains that less than one in five people choose euthanasia due to pain 19 They ve been very careful and very cautious in the approach but a lot of the people who ve been very strong advocates for euthanasia are not people with a life expectancy of less than 12 months They are people living with debilitating conditions for many many years and they won t be eligible for voluntary assisted dying under the legislation The conversation about I am doing this because I want to make existential choices about the end of my life that s a much harder conversation to have as a community but it is the one we need 19 Kathy Eagar Lorraine Baker the Victorian President of the Australian Medical Association said that the passing of the legislation marked a significant shift in medical practice in Victoria but the conscientious objection provisions contained in the legislation would ensure that doctors would not be forced into taking part in voluntary assisted dying 20 The outcome of this parliamentary vote will cause anguish for some members of our profession as well as the public doctors should not be involved in interventions that have as their primary intention the ending of a person s life Lorraine Baker The Age newspaper 22 November 2017 20 Euthanasia advocate Philip Nitschke called the law beg and grovel legislation because people will only be able to access it as a privilege granted in extremis rather than as a right to be accessed at a time nominated by the patient 21 First use EditKerry Robertson was the first person to be granted a permit under the Voluntary Assisted Dying Act Robertson was diagnosed with breast cancer in 2010 and was declared cancer free after surgery chemotherapy and radiation treatment Four years later she developed a tumour in her in bones that spread to her lungs and brain When the cancer spread to her liver Robertson ceased treatment Her palliative care team was unable to ease the pain Robertson applied for the permit on the first day the act came into force 19 June 2019 citing loss of joy as her reason Robertson ended her life on 15 July 2019 at the age of 61 with her two daughters and best friend by her side 22 See also EditExternal video nbsp Fact check Has assisted dying been a legal slippery slope overseas 23 Euthanasia in Australia Health care in Australia Voluntary assisted dying in Western Australia Euthanasia in New Zealand Oregon Death With Dignity Act California End of Life Option Act Assisted suicideReferences Edit Voluntary Assisted Dying Bill 2017 legislation vic gov au Archived from the original on 8 January 2018 Retrieved 8 January 2017 Voluntary Assisted Dying Bill 2017 PDF legislation vic gov au Archived from the original on 2 December 2017 Retrieved 2 December 2017 VOLUNTARY ASSISTED DYING BILL 2017 Amendments made by the Legislative Council PDF legislation vic gov au 22 November 2017 Archived PDF from the original on 2 December 2017 Retrieved 2 December 2017 Voluntary Assisted Dying Health vic Edwards Jean 19 September 2017 Victoria s assisted dying bill to hit Parliament to be voted on by end of year abc net au Archived from the original on 20 September 2017 Retrieved 20 September 2017 Voluntary Assisted dying Act 61 2017 Section 93 Premier s Department Historic Voluntary Assisted Dying Bill Now In Parliament premier vic gov au 20 September 2017 Archived from the original on 20 September 2017 Retrieved 20 September 2017 Johnston Matt Hore Monique 20 September 2017 Assisted dying Bill before parliament includes safeguards to prevent encouraging euthanasia heraldsun com au Retrieved 20 September 2017 Johnsoton Matt Alison Genevieve 20 October 2017 Voluntary euthanasia laws pass lower house in marathon session heraldsun com au Retrieved 20 October 2017 Historic euthanasia laws pass Victoria s lower house after marathon sitting The Age 20 October 2017 Retrieved 20 October 2017 Euthanasia Voluntary Assisted Dying Bill passes Victoria s Lower House after 26 hour debate ABC News 20 October 2017 Retrieved 20 October 2017 Kenny Mark 20 October 2017 Victoria has just voted to remove its most basic human right Paul Keating smh com au Archived from the original on 20 October 2017 Retrieved 20 October 2017 Hutchinson Samantha Brown Greg 20 October 2017 Euthanasia bill passes Victorian parliament theaustralian com au Retrieved 20 October 2017 Euthanasia Victoria s Voluntary Assisted Dying Bill likely to pass with amendments ABC News 14 November 2017 Voluntary assisted dying bill passes Victoria s Upper House state set to make history ABC News 22 November 2017 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 5 December 2017 Archived PDF from the original on 8 June 2018 Retrieved 8 June 2018 Voluntary Assisted Dying a b Jackson Elizabeth 2 December 2017 Euthanasia It s not just about unbearable pain it s about self determination expert says abc net au Archived from the original on 2 December 2017 Retrieved 2 December 2017 a b Preiss Benjamin 22 November 2017 Historic euthanasia laws pass Victorian upper house theage com au Archived from the original on 5 December 2017 Retrieved 6 December 2017 Manch Thomas 8 November 2018 Euthanasia pioneer warns of beg and grovel legislation Stuff nz co Retrieved 9 November 2018 Cunningham Melissa 4 August 2019 She left with courage and grace Daughters farewell Victoria s first person to access assisted dying theage com au Archived from the original on 4 August 2019 Retrieved 4 August 2019 Fact check Has assisted dying been a legal slippery slope overseas abc net au 21 November 2017 Archived from the original on 6 December 2017 Retrieved 6 December 2017 Further reading EditBartels 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 Retrieved from https en wikipedia org w index php title Voluntary Assisted Dying Act 2017 Victoria amp oldid 1179211658, wikipedia, wiki, book, books, library,

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