Talking Point: We need freedom at the end of life

MIKE GAFFNEY is seeking feedback on a Tasmanian voluntary assisted dying Bill he will table in the New Year

Supporters of Voluntary Assisted Dying rally outside WA Parliament. Picture: REECE WHITBY/TWITTER

Next year I will be tabling a Private Member’s Bill in the Tasmanian Legislative Council – the End of Life Choices (Voluntary Assisted Dying) Bill 2020. Prior to tabling the Bill, I will be seeking input from the Tasmanian community through a forum process. I acknowledge the previous work of politicians, community groups and individuals involved in tabling The Dying with Dignity Bill (2009) and Voluntary Assisted Dying Bills (2013 and 2016). While those Bills didn’t pass the Lower House, they have paved the way for reconsideration of this issue and new legislation.

End of life decisions are intensely personal. This very sensitive issue reaches to the core of our values as a society. Progressing new approaches requires us to have respectful and genuine conversations as a community. I believe it is time for the Tasmanian community to continue the conversation about options available at the end of life.

Other states have moved forward on this issue. In 2019, Victoria implemented Voluntary Assisted Dying legislation, a Bill in Western Australia has recently passed both Houses and an Inquiry process is currently underway in Queensland. Worldwide, there has been legislative change supporting voluntary assisted dying in all Canadian provinces (2016) and Hawaii (2019).

The new legislation to be tabled will allow a competent adult with no chance of recovery from a serious medical condition to make a voluntary and informed decision to use medical intervention to end their suffering through the most dignified death that can be achieved under the circumstances.

I firmly believe that individuals should be free to make intensely personal decisions that cause no harm to others. This is a principle that I have followed since my election to the Upper House in 2009 – the right to choose.

The proposed new Tasmanian legislation ensures that doctors and health professionals will play an important caring and safeguarding role. The legislation will contain independent oversight, monitoring and reporting requirements befitting of such a significant legislative power. We can indeed learn from the vast amount of evidence supporting existing laws and ensure Tasmania’s legislation is both robust and accessible.

My travels, discussions, meetings and readings reinforce the importance of providing a law which prevents feared risks, abuses and coercion and also does so effectively without unnecessary burdens on patients or doctors.

I am a firm believer in a full suite of choices and Tasmania needs an adequately funded palliative care scheme. The 2018 Australian Aspex Consulting Palliative Care Report stated, “An assessment of the Palliative care sectors following the introduction of assisted dying of the in-scope jurisdictions provided no evidence that the palliative care sectors were adversely impacted by the introduction of the legislation. If anything in jurisdictions where assisted dying is available the palliative care sector is further advanced.”

The underlying principles supporting palliative care and voluntary assisted dying are patient-centred and aim to help individuals have a dignified death with minimal pain and suffering. However, the unfortunate reality remains that even the best palliative care cannot relieve all suffering. Both options should be part of end of life decisions available to all.

One of the characteristics I appreciate about many Tasmanians is the ability to share our opinions in an informed and respectful manner. Realistically, as with any social or ethical issue, the passage of this Bill will likely involve rigorous debate. In the process, the Bill will be subjected to the same checks and balances as any other legislation.

In introducing this Bill, I want to actively keep the public informed and involved. I plan to have a draft Bill available by the end of January. Then in February and March, I will be presenting forums in towns and cities in every Tasmanian Local Government area to inform those interested in this issue and to receive feedback.

This informative and consultative process will provide an opportunity to make the legislation the best that it can be. I anticipate that Tasmanians will have a variety of opinions based on their own experiences and values.

Deciding on the most appropriate end of life care is one of the most important decisions of our being. I believe that currently the choices available at the end of life in Tasmania are inadequate in circumstances where a person is experiencing intolerable suffering.

I look forward to the debate that will take place in Parliament, but most importantly I look forward to discussing this issue with you; the people of Tasmania.

MLC Mike Gaffney is the Legislative Council member for Mersey.