Euthanasia laws ‘vague and unclear’, say lawyers

The ACT is failing to include ‘vital’ safeguards to protect patients and not being clear enough in sections of the draft bill, Australia’s peak body for lawyers says.

The ACT government must clarify sections of its controversial assisted suicide draft laws, lawyers say.

The ACT is not being clear enough in sections of its controversial voluntary assisted dying laws and is failing to include “vital” safeguards to protect patients, Australia’s peak body for lawyers says.

However, the Australian Lawyers Alliance has backed a provision permitting nurses to participate in the voluntary assisted dying scheme, on the condition that they are “suitably qualified” to do so.

The Barr government’s voluntary assisted dying framework – which is the most liberal in the country – will allow patients access to euthanasia without a ­predicted time of death, despite patients in Victoria, Tasmania, NSW, South Australia and Western Australia being able to access ­assisted suicide only if their doctors say they have fewer than six months to live, or 12 months in Queensland.

The draft bill states that patients may voluntarily end their life when their condition is “advanced, progressive and expected to cause death” and they are approaching the “last stages of life”.

The ALA, however, says the conditions are vague, urging the government to better define exactly when terminally ill patients can access the treatment and claiming it is “essential” that the laws be ­better clarified.

“The ALA submits that what is meant by ‘the last stages of their life’ could significantly affect access to voluntary assisted dying in the ACT, depending on what is meant by the ‘the last stages of their life’,” the submission reads.

“This criterion may promote greater access to voluntary assisted dying in the ACT, or it may restrict access.

“That all depends on what the phrase ‘the last stages of their life’ means.”

The ALA submission says “more guidance” is needed on who is eligible to participate in the scheme, but advised a strict requirement of time of death may not be necessary.

“This clarity will benefit everyone involved in the ACT’s voluntary assisted dying scheme, including health practitioners and those requesting to access voluntary assisted dying,” the submission says.

The ALA submission also states that the draft bill excludes an “important safeguard” of a provision to ensure that those accessing voluntary assisted dying are going to “voluntarily and without coercion”.

Under the new framework, assisted suicide will be available not only to ACT residents, but people living in neighbouring NSW towns with “links” to the territory.

The draft bill would also permit nurses, social workers and counsellors for the first time to be able to initiate discussions about voluntary assisted dying as an option for terminally ill people.

ACT Chief Minister Andrew Barr. Picture: NCA NewsWire / Martin Ollman

The ALA supports the involvement of “suitably qualified nurse practitioners” in the scheme, “especially if that would enable access to the scheme for persons living in rural and remote areas”.

“Participation by health professionals in any voluntary assisted dying scheme should be limited to those who are appropriately qualified and experienced, in addition to having also completed a minimum level of training regarding the voluntary assisted dying scheme,” the submission reads. “The ALA recommends health professionals, especially those who would be co-ordinating health professionals or consulting health professionals in the ACT’s voluntary assisted dying scheme, should be required to have general registration with five years ­experience.”

The new laws will be subject to inquiry by a parliamentary committee before being debated and passed into law.

The government will spend 18 months setting up the necessary systems and safeguards to implement the laws, ensuring that voluntary assisted dying becomes a legal option for eligible people.