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End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Type of vote: Bill (Amendment)

Moved by: Ms Ogilvie


Tuesday, 2 March 2021

NegativedSupportedOpposed
Ms Archer, Mr Barnett, Ms Courtney, Mr Ferguson, Ms Ogilvie, Mrs Petrusma, Mr Tucker, Mr EllisDr Broad, Ms Butler, Mr Gutwein, Ms Haddad, Ms Hickey, Mr Jaensch, Mr O’Byrne, Ms O’Byrne, Ms O’Connor , Mr Rockliff , Ms Standen, Ms White, Dr Woodruff, Ms Dow

 

Amendment

New Clause A brought up by Ms Ogilvie and read a First Time as follows:

“A.         Conscientious objection by health service providers and members of staff of such providers

(1)      A health service provider (a "non-VAD provider") in relation to a health service establishment may refuse to authorise or permit –

(a)      access to voluntary assisted dying at the health service establishment; and

(b)      a member of staff to assist, otherwise than as required by this section or regulations for the purpose of this section, in the provision of access to voluntary assisted dying at the health service establishment.

(2)      If a person who resides at, or receives health services at, a health service establishment of a non-VAD provider advises a member of staff of the non-VAD provider that the person wishes to access the voluntary assisted dying process, the non-VAD provider must  – 

(a)      provide the prescribed information to the person as soon as reasonably practicable; and

(b)      ensure that –

(i)      if the person so chooses, the person is, in accordance with, and where permitted by,  the prescribed protocols, transferred to the health service establishment of a health service provider that is not a non-VAD provider; and

(ii)      the non-VAD provider provides all reasonable assistance (other than financial assistance) to ensure that such a transfer of the person is able to occur; and

(c)      comply with the prescribed requirements in relation to the obligations of the non-VAD provider in relation to persons who choose to access  voluntary assisted dying.

(3)      Despite any other provision of this Act or the regulations, a registered health practitioner  who is a member of staff of a non-VAD provider is not required to carry out, at the health service establishment of the non-VAD provider, an action that, but for this subsection, the registered health practitioner is, as a PMP, CMP or AHP in relation to a person, required to carry out in relation to the person, if the prescribed requirements, if any, are complied with by the registered health practitioner.

(4)          A non-VAD provider in relation to a health service establishment is not liable to any claim or demand by a person, or a member of the family of a person, arising from the refusal of the non-VAD provider, or a member of staff of the non-VAD provider, to authorise or permit the person to access voluntary assisted dying at the health service establishment.”

 

 

Amended Bill
Original Bill