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« Q&AQ&A – with Malcolm Fraser and Marcia Langton talking about VE and Living WillsUK man who helped wife die is spared prosecution »

An Australian Timeline

Article posted on Tuesday 01 June 2010 by DWDnsw

The first Voluntary Euthanasia Societies in Australia were formed in New South Wales and Victoria in 1973, followed by a Society in Western Australia in 1980, South Australia in 1983, Queensland in 1987, Tasmania in 1992 and the Northern Territory in 1995.  The Voluntary Euthanasia Society of NSW has branches in the ACT and the Central Coast.

Read on » ...

The Right-to-die movement has been strong in Australia. This could have been partly due to the vast distances in rural areas between doctors and patients. Families and others were obliged to care for the dying, experiencing the realities of the suffering inherent in dying without the pain relief and treatment more readily available to people in the cities.

1995

  • Marshall Perron, Chief Minister of the Northern Territory, introduces his Rights of the Terminally Ill Act into the NT Legislative Assembly. The Rights of the Terminally Ill Act, becomes law in the Northern Territory, allowing terminally ill people the right to die (with strict guidelines in place) using active intervention from doctors.
  • South Australia's first Voluntary Euthanasia Bill was presented in 1995 by John Quirke but was rejected without a full debate.
  • In a conscience vote, Perron’s legislation is passed by a majority of 15-10 after a 15 hour debate.  A period of time is set before enactment of the legislation for the development of regulations to control the law.
  • The Rights of the Terminally Ill Act becomes law in the Northern Territory, allowing terminally ill people the right to die. Prime Minister John Howard opposes the NT Rights of the Terminally Ill Act and leaves the way open for Federal Parliament to overturn the Territory’s law.

1996

  • Enactment day for the Rights of the Terminally Ill Act. This was the first legislative approval for voluntary euthanasia to enable physicians to practice voluntary euthanasia. Subsequent to the Rights of the Terminally Ill Act’s Proclamation in 1996, it faced a series of challenges from opponents of voluntary euthanasia. In 1997, the challenges culminated in the Australian Parliament (Howard Coalition Government) overturning the legislation; and prohibiting Australian Territories (The ACT and NT) from enacting any legislation permitting euthanasia.

    The Rights of the Terminally Ill Act (as amended) (NT) was unique. It was of its own kind. A composite whole. It established a regulatory regime for the intentional termination of human life in stipulated circumstances. In doing so, it removed all criminal, civil and professional sanctions otherwise applicable to a medical practitioner who intentionally terminates a patient’s life or aids a patient to commit suicide in accordance with stipulated procedures. The Act institutionalised intentional killing which would otherwise be murder; it institutionalised aiding suicide which would otherwise be a crime.
  • South Australian Anne Levy's Bill was presented in 1996
  • The Full Bench of the Northern Territory Supreme Court rejects a challenge to the Rights of the Terminal Ill Act by NT AMA President, Chris Wake and Uniting Church Minister, Jiniyini Gondara. They announce that the case will be referred to the Australian High Court.
  • Max Bell, a taxi driver suffering from stomach cancer, who travelled to the Territory to use the law, dies in his home town of Broken Hill after failing in his attempt to obtain the necessary medical signatures.
  • Victorian Liberal MHR, Kevin Andrews, introduces his controversial Euthanasia Laws Bill, designed to overturn the Territory’s law, into Federal Parliament.
  • Bob Dent, a Territorian suffering from terminal prostate cancer, becomes the first person in the world to receive legal voluntary euthanasia. Pro-euthanasia campaigner Dr Phillip Nitschke assists Mr Bob Dent to become the first person to die using the NT laws.
  • The Andrews Bill passes easily in a vote in the Federal House of Representatives, 88 votes to 35 overturning the Rights of the Terminal Ill Act.

1997

  • Voluntary Euthanasia Bill 1997 Legislative Council Second Reading - 16/10/1997, Private Members Bill introduced by West Australian The Hon. Mr Norm Kelly MLC
  • Voluntary Euthanasia Bill 1997—introduced by WA The Hon Bob Such MP
  • South Australian, Janet Mills, suffering from skin disease Mycosis Fungoides, becomes the second person to use the Territory law after a long battle to obtain the necessary medical endorsement. Two more terminally ill people die using the NT laws.
  • A terminally ill Territorian with stomach cancer becomes the third person to die under the NT law.
  • The Medical Journal of Australia reveals that approximately 30% of all deaths in Australian hospitals may have involved a doctor hastening a patient’s death.
  • A NSW mother of five suffering from terminal breast cancer is brought to the NT by her children and becomes the 4th person to make use of the NT law.
  • The Andrews’ Bill is passed in the Federal Senate by 38 to 33 votes and ends legal assisted suicide in Australia.  An amendment, designed to allow the two people who had qualified to use the law to go ahead, is also defeated.
  • In a vote of 38 to 33, the Senate overturns the Northern Territory laws, and voluntary euthanasia once again becomes illegal in the NT. This Commonwealth legislation was the Euthanasia Laws Act, which remains in force although is the subject of public debate.
  • Ester Wild died in Darwin using slow overdose of morphine after the Northern Territory law was overturned by the Australian Federal Parliament. She had carcinoid syndrome.

1998

  • Dr Philip Nitschke announces that he has assisted others to die, including a man from Victoria. He establishes an Internet site to promote his work and the pro-euthanasia cause.

1999

 

2001

  • Norma Hall refused food and drink and spoke publicly about her right to determine her time of death. She died in Sydney after drinking liquid morphine.
  • NSW Greens Upper House MP Ian Cohen introduces his Rights of the Terminally Ill Bill.
  • Sandra Kanck introduced the Dignity in Dying Bill 2001

2002

  • Voluntary Euthanasia Private Members Bill introduced by Hon. Robin Howard Chapple MLC. Bill Lapsed - 23/01/2005  
  • Mrs Nancy Crick takes her life in the company of family and friends after a lengthy battle with bowel cancer. She is later found to be cancer-free at the time of her death.
  • Senator Bob Brown (Australian Greens) announces plans to introduce a private members bill into the Senate to overturn the Euthanasia Laws Act, and once again allow voluntary euthanasia in the Northern Territory. This Bill would repeal the Euthanasia Laws Act 1997 which prevents the Northern Territory Legislative Assembly, the Australian Capital Territory Legislative Assembly and the Norfolk Island Legislative Assembly from legalising voluntary euthanasia.
  • Internationally renowned activist Shirley Nolan takes her own life alone at home in Adelaide.
  • Sandy Williamson, a Motor Neurone sufferer publicly argues for the right to die before overdosing in Melbourne on the barbiturate Amytal.
  • Lisette Nigot an 80yr old academic ended her life by taking the barbiturate Soneryl. She was not ill but argued for the right to a peaceful death irrespective of health status.
  • Elizabeth Godfrey died in Hobart using a plastic Exit bag. Her son John was accused of assisting and stood trial. He received a one year suspended sentence.

2003

  • NSW Greens Upper House MP Ian Cohen introduces a Voluntary Euthanasia Trial Referendum Bill calling for a medically-supervised voluntary euthanasia trial.

2005

  • Telco Bill, bought in by the Howard Government. The Bill introduced new offences of using a 'carriage service' (the internet, emails, mobile and fixed telephones, faxes, radio and TV) for the purposes of counselling or inciting suicide, or promoting or providing instruction on a particular method of suicide. Possession or supply etc of material that is intended to be used for such offences is also itself an offence. Entitled Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 No. , 2005

2006

  • Graeme Whylie died from Nembutal overdose in Sydney, His wife Shirley Justins and friend Caren Jenning were accused of assisting his suicide/murder. Jenning had bought and illegally imported the Nembutal from Mexico, and Justins had given to him in their Cammeray home. He had been diagnosed with Alzheimer’s disease in March 2003 and the case centred on his capacity at the time of his death to decide he wanted to commit suicide.

2007

2008

  •  Voluntary Euthanasia Bill 2008—introduced by South Australian MP Hon Bob Such
  • The Senate referred Bob Brown’s Repeal Bill to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report. Read report.
  • The MEDICAL TREATMENT (PHYSICIAN ASSISTED DYING) BILL 2008 is introduced into the Victorian Legislative Council by upper house Greens MP Colleen Hartland. It passes first reading, but was denied a second reading by the lone DLP member, Peter Kavanagh. 
  • Colleen Hartland, Greens member for Western Metropolitan (Vic), gives her Second Reading speech to the Medical Treatment Bill 2008 in the Legislative Council of Victoria.
  • Caren Jenning and Shirley Justins convicted over death. A jury found Shirley Justins guilty of manslaughter and Caren Jenning of being an accessory to manslaughter in the case of Alzheimer’s sufferer and former Qantas pilot Graeme Wylie.

2009

  • Dr Rodney Syme, Vice-President of Dying with Dignity, Victoria admits at a rally in Melbourne, that he gave advice and medication to terminally ill journalist, Steve Guest. Read report.  
  • Advance Directives now legal in WA. New laws giving adults the right to determine their future medical treatment in a so-called Living Will finally came into effect.
  • WA Greens MP Robin Chapple introduced his Voluntary Euthanasia Bill to parliament.
  • Tasmanian leader of the Greens Nick McKim tabled his Dying with Dignity Bill
  • NSW Supreme Court and the judgment was given by Justice McDougall, Hunter and New England Area Health Service v A [2009] NSWSC 761. In this case, the defendant (Mr A) was a patient in a hospital conducted by the plaintiff (the Area Health Service).  Mr A had developed renal failure and was being kept alive by mechanical ventilation and kidney dialysis.  The Area Health Service became aware that Mr A had prepared a document indicating he would refuse dialysis.  The Area Health Service commenced legal proceedings seeking declarations that the document prepared by Mr A was a valid advance healthcare directive and that the Area Health Service would be justified in complying with Mr A’s directive.  Justice McDougall made the declarations sought by the Area Health Service. The case is important because it is the first NSW Supreme Court decision that summarises the relevant legal principles surrounding emergency care decisions and the status of advance healthcare directives. This was NSW first Common Law case in and there is now no doubt that advance health care directives are legally binding in NSW.
  • Brightwater Care Group (Inc) v Rossiter [2009] WASC 229

This was a decision of the Supreme Court of Western Australia and the judgment was given by Chief Justice Martin on 14 August 2009.  The judgment below refers to the above NSW Supreme Court decision.

Brightwater Care Group (Brightwater) operates a residential care facility in Perth for people with disabilities.  Mr Christian Rossiter (Mr Rossiter) is a resident of the Brightwater facility.  Mr Rossiter is quadriplegic and is generally unable to move.  He is only able to talk through a tracheotomy.  He is unable to take nutrition or hydration orally.  The nutrition and hydration Mr Rossiter requires to survive is provided by way of a tube inserted directly into his stomach.

Mr Rossiter indicated to his doctor and representatives of Brightwater on many occasions that he wanted to die.  He directed staff of Brightwater to discontinue the provision of nutrition and hydration through the tube to his stomach.  If the staff comply with Mr Rossiter’s directive, he will die from starvation.

This case is different from other cases in that Mr Rossiter is not terminally ill, or dying.  He can communicate his wishes and has full mental capacity. Brightwater commenced legal proceedings seeking declarations about its rights and obligations.  It was concerned that complying with Mr Rossiter’s directions might result in criminal prosecution.

After reviewing the position at common law and the relevant Western Australian statutory provisions, Chief Justice Martin made two declarations.  The first declaration was as follows:

“If after Mr Rossiter has been given advice by an appropriately qualified medical practitioner as to the consequences which would flow from the cessation of the administration of nutrition and hydration ...... Mr Rossiter requests that Brightwater cease administering such nutrition and hydration, then Brightwater may not lawfully continue administering nutrition and hydration unless Mr Rossiter revokes that direction, and Brightwater would not be criminally responsible for any consequences to the life or health of Mr Rossiter caused by ceasing to administer such nutrition and hydration to him.”

as at May 2010