The euthanasia debate has picked up steam in Australia once again, with both NSW and VIC voting on euthanasia bills in last month.
New South Wales
In New South Wales, the Voluntary Assisted Dying Bill 2017 (NSW) recently failed to pass in the Upper House with 20 votes against and 19 in favour. The Bill proposed that those over 25 were eligible to be assisted in ending their lives if they had 12 months or less to live and where there is severe pain.
The Bill allowed a doctor to prescribe, prepare and supply a voluntary assisted dying substance that could be self-administered, or if the patient was unable, administered by a doctor. Numerous protections and requirements existed to avoid an abuse of the process, some of which included:
- Examination by at least two doctors, one of which is a specialist in that terminal illness
- Determination by a psychiatric or psychological evaluation that the patient has decision making ability and that it is voluntary
- At least 48 hours between a request certificate and administration of the drug
- Doctors can refuse assistance and patients may withdraw their request at any time
- The Supreme Court can invalidate a request certificate if satisfied the conditions under the Bill have not been met
Victoria
In contrast, the Voluntary Assisted Dying Bill 2017 (Vic) was just approved by both the Lower and the Upper House, and is set to take effect in 2019 pursuant to the proposed amendments being ratified in the Lower House.
Key differences
The minimum requirements for medical practitioners that prescribe and/or administer the drug are subject to stricter guidelines in the Victorian bill, with a minimum of 5 years registration post-fellowship or vocational registration.
The Victorian bill also put in place a further safeguard as a two requests must be made by the patient at least 9 days apart, and a permit must be obtained from the Secretary of the Victorian Department of Health and Human Services. Finally, the Victorian Bill establishes a Voluntary Assisted Dying Review Board to monitor and review the functions carried out under the proposed legislation as well as provide reports to Parliament regarding operation and potential improvements.
So what does this all mean?
If the formalities regarding the amendments are ratified, the Victorian Bill may take effect as soon as June 2019. From this point on patients suffering from terminal illness, with little time left and severe pain have the ability to end their life.
National MP Trevor Khan, who introduced the private members’ bill in NSW has vowed to “never give up the fight”. If a bill on voluntary euthanasia is once again put before parliament, it is likely that a close scrutiny of the safeguards in place in Victoria will lead to heightened safeguards in any NSW bill.