MLCs near decision on voluntary assisted dying legislation but adjourn debate to a later date

During a 15-hour session of the Legislative Council, MLCs debated contentious proposed voluntary assisted dying laws continuing until after midnight. But they have not yet reached a final vote. LATEST >>

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UPDATE 12.10AM:

Members of the Legislative Council have voted to adjourn debate on voluntary assisted dying legislation following a marathon session spanning more than 15 hours.

MLCs still have additional clauses to debate on the proposed new laws and voted to end proceedings for the day just after midnight.

It had been hoped the Legislative Council may have been able to reach a decision on the legislation by the end of Tuesday.

But MLCs are now expected to vote on whether they will hold a special sitting on Friday to get to the stage where they can have a final vote.

If the Bill passes the Upper House, it will then be presented to the House of Assembly for consideration by MPs.

UPDATE 11.30PM:

MLCs are continuing to debate voluntary assisted dying legislation well into the night.

An emotional debate ensued late on Tuesday night amid discussion about whether a review should be done into what is occurring in other jurisdictions around access to VAD-like processes for people aged under 18.

An amendment to remove that provision from the Bill was won, meaning the review would no longer take place.

Among amendments made to the Bill were that a five-person commission for VAD be established, instead of a single commissioner.

The role of nurses in the VAD process was also extensively debated, including whether they should be able to be appointed to administer the VAD substance.

A push to remove nurses from this part of the process was defeated.

MLCs considered whether patients should have to make their final of three formal requests to their primary medical practitioner to access VAD in person, or if it could be done by audio-visual link.

UPDATE 10PM:

The Legislative Council debate on the Voluntary Assisted Dying Bill will continue into the night as their long haul sitting progresses.

Windermere MLC Ivan Dean suggested the members cease proceedings for the night after having had a “long” and “emotional” day, asking the members to resume on Friday.

But all other MLCs decided to continue the debate for what could be another hour or more.

EARLIER:

Members of the Legislative Council are debating amendments to a Bill that would give people the legal right to end their life if they are deemed to be suffering intolerably.

During a marathon 13-hour sitting on Tuesday, MLCs are working through the day and into the evening in the hope of a decision on voluntary assisted dying legislation being reached in the Upper House by the end of the day.

If it does pass the Legislative Council, the legislation is expected to be presented in the House of Assembly’s next sitting week, which starts on November 10.

The legislation, brought by Mersey MLC Mike Gaffney, would give patients access to end-of-life choices if they are found to be eligible.

Independent MLC, Michael Gaffney talks during the reading of the Voluntary Assisted Dying Bill at the Tasmanian Legislative Council. Picture: Zak Simmonds

A patient has to make three separate formal requests to access voluntary assisted dying, and Murchison MLC Ruth Forrest moved an amendment to say the final request should come via an in-person meeting with their primary medical practitioner.

Under the Bill, the final meeting can take place either in-person or by audio-visual link.

At least one of the first two requests have to take place in-person.

Murchison MLC Ruth Forrest suggested the final meeting should only be able to take place in-person, and not by audiovisual link.

Ms Forrest said she accepted people would be very unwell and “actively dying” at this point, but said it was the last opportunity for a person to meet face-to-face with a health professional.

“This is the last point ... to make a final decision about whether you wish to proceed and effectively end your life ... I believe that’s better done in person,’’ she said.

But Mr Gaffney said it would be “callous” to expect a patient to attend a face-to-face meeting and was unnecessary.

Sisters and lead petitioners, Natalie and Jacqui Gray look on as Independent MLC, Michael Gaffney talks during the reading of the Voluntary Assisted Dying Bill at the Tasmanian Legislative Council. Picture: Zak Simmonds

Three other MLCs — member for Hobart Rob Valentine, Montgomery MLC Leonie Hiscutt and Windemere MLC Ivan Dean spoke against the amendment — and it was voted down.

Rumney MLC Sarah Lovell moved an amendment that would remove registered nurses from being eligible to act as the patient’s administering health practitioner — someone that would administer the VAD substance if the patient was not able to self-administer.

Ms Lovell said the responsibility would be outside the normal scope of the role of a registered nurse, and said she was not hearing “an active desire” from nurses groups to be involved in this part of the process.

Ms Forrest suggested the consultation with nurses about it had been “scant at best”.

A previous amendment passed successfully was that a five-person commission for voluntary assisted dying would be established, instead of a single commissioner.

If the Bill does not pass the Legislative Council on Tuesday, MLCs may vote to sit on Friday to finalise it.

The legislation is the fourth attempt at enacting voluntary assisted dying laws in Tasmania, after previous bids failed in 2009, 2013 and 2017.

This attempt differs from the previous three because it was introduced in the Upper House as a private member’s Bill.

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