Voluntary Assisted Dying Bill passes SA’s Upper House on Wednesday night

SA’s Upper House has passed a Bill that proposes to legalise euthanasia, in a historic late night vote.

South Australia’s Upper House has passed the Voluntary Assisted Dying Bill, in a historic vote late on Wednesday night.

It is the first time in the state’s history that any euthanasia Bill has passed a chamber of parliament.

The Voluntary Assisted Dying (VAD) Bill passed the Upper House just after 11.30pm on Wednesday, after more than six hours of debate.

Fourteen members voted for it and seven voted against it.

The proposed law will now go to the Lower House, where it will be subject to further debate. It is the state’s 17th attempt to legalise euthanasia in 25 years.

The latest Bill, introduced by Labor MLC Kyam Maher, proposes access to assisted dying for people living in South Australia for at least a year, who are aged 18 or older and diagnosed with an incurable disease, illness or medical condition that is advanced, progressive and is expected to cause death within weeks or months.

Their condition must also be causing suffering that cannot be relieved.

Some amendments to the Bill were approved by the Upper House on Wednesday night, including safeguards that ensure doctors involved in VAD are not family members of the patient, or don’t benefit in any way from the death.

Kyam Maher speaks to the pro-euthanasia rally on the steps of Parliament House on Wednesday. Picture: Naomi Jellicoe

Fighting back tears during his final speech on the Bill, Mr Maher said: “I want to thank the many South Australians who have been in touch with me on this issue over the last six months.

“It has been a rare privilege indeed to share some of the most intimate and difficult moments of your life.”

If the Bill passes the Lower House, SA will become the fourth state to legalise euthanasia, with laws that have become known as the “Australian model”.

“I think that has given a significant degree of comfort to some members in both chambers, who may have not voted for it before,” Mr Maher said.

On Wednesday morning, he said the constructive debate was “held in the way that people would want their parliament to operate”.

“It was a respectful debate where we had people with very genuinely deeply held views that were diametrically opposed,” he said.

“It’s one of those issues that is fundamentally important to a lot of people.”

But Labor MLC Clare Scriven, who voted against the legislation, said there was clear evidence that VAD safeguards are ignored or diluted once the practice becomes legal.

“We need to ask: do we want our loved ones to feel pressured to end their life, do we want our loved ones to feel they are a burden on society or their family, do we want our loved ones to feel they have a duty to ask to die prematurely?”

SA-BEST MLC Frank Pangallo also voted against, and said society was “heading down a dangerous path” with the legislation.

“No matter what spin the supporters put on it, it is state sanctioned suicide,” he said.

“I do respect the views of my colleagues who supported and opposed it. But it will open the door to an expansion of the criteria in the years after they’ve long gone.”

Mr Pangallo said he was “particularly disappointed” by the rejection of an amendment he proposed with Ms Scriven that would have allowed conscientious objection for faith-based private hospitals like Calvary Care.

“They should have a right to determine whether or not VAD happens in their hospitals,” he said.

“It is nonsensical to approve conscientious objection for health practitioners, which is what happened last night, but exclude the wishes of the hospitals where they may be employed.”
Many advocates of VAD stayed in the chamber to watch the vote, including those with personal connections to the issue.

SA Greens MLC Tammy Franks, a long-time advocate of VAD, commended the Upper House for passing the Bill.

“Tonight, the Upper House took a caring and compassionate approach to those who are suffering, giving those people choices,” she said.

“This Bill must now be given all the government debating time it needs to be properly considered in the Lower House, unfettered by the usual stalling tactics and political parlour games we see in these ‘conscience votes’, so that this year we can finally get it done.”

Labor MLC Irene Pnevmatikos, who also voted for the Bill, said it had survived attempts by opponents to “dismantle integral parts”.

“The legislation agreed to in the Legislative Council gives people the choice to use Voluntary Assisted Dying as a dignifying and safe choice at the end of life,” she said.

Liberal MLC Jing Lee, also in favour, said she felt a deeply personal connection to the issue, and it was a relief that the legislation had passed.

“It’s been an emotional journey for me and many others who had experienced the prolonged suffering and subsequent death of loved ones in horrible ways,” she said.

“I feel as though my late mother is watching us from above with her nod of approval.”

RALLY AHEAD OF EUTHANASIA VOTE

Earlier in the day, before the debate started, dozens of pro-euthanasia supporters, including Aldinga woman Angie Miller, rallied on the steps of parliament.

Ms Miller’s father Robert tried to starve himself to death twice while suffering from terminal bladder cancer.

She said when doctors asked her father why he didn’t want to live, he responded: “I have no quality of life, if I had a knife in front of me I would take it and push it through my heart”.

If voluntary euthanasia had been legal before he died in December 2018, Robert would have used it to end his suffering.

Voluntary euthanasia supporters rallied on the steps of parliament ahead of a crucial vote on Wednesday. Picture: Naomi Jellicoe

Now, on the state’s 17th attempt in 25 years, MPs have a chance to make it legal by passing the latest Voluntary Assisted Dying (VAD) Bill.

The proposed legislation passed the Upper House on Wednesday night.

“My main message to MPs is that this legislation would serve both sides of the argument,” Ms Miller said before the vote.

“For those who oppose voluntary assisted dying, you don’t have to use it, it doesn’t have to impact your life whatsoever.

“And for those who are in support of it, it’s just common sense, it’s a simple decision.”

Angie Miller, whose father died after suffering through stage-four bladder cancer, with the rally behind her. Picture: Naomi Jellicoe

VOLUNTARY EUTHANASIA BILL’S 17TH ATTEMPT

Respected broadcaster Andrew Denton urged South Australian MPs to legalise voluntary euthanasia, ahead of the crucial vote.

But a senior SA neurologist believes passing the Bill would lead to an “expansive euthanasia regime”.

Mr Dentontold The Advertiser MPs would be faced with a simple decision when voting.

“Why should South Australians not have access to the same end-of-life choices as people across the border in Victoria and Western Australia?” Mr Denton said.

“It’s the right question to which there is only one obvious answer – pass this legislation.”

Mr Denton, who recalled his father’s slow and painful death in 1997, said the Bill would provide a “right to ask for help if you’re dying and medicine can no longer help”.

Senior SA neurologist Dr Tim Kleinig, however, urged MPs to reject the Bill.

“There’s no such thing as a safe euthanasia Bill and (passing) this is only the first step to an expansive euthanasia regime down the track,” he said.

“It has been clearly demonstrated in other jurisdictions, such as Canada.”

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