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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 |
| Negatived | Supported | Opposed |
| Ms Archer, Mr Barnett, Ms Courtney, Mr Ferguson, Ms Ogilvie, Mrs Petrusma, Mr Tucker, Mr Ellis | Dr 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.” |
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Amended Bill
Original Bill
All Votes
Amendment - 4 Mar 2021 (Passed)
Amendment to clause 139 for more detailed provisions relating to how this Act will operate in relations to the Poisons Act 1971.
Amendment - 4 Mar 2021 (Passed)
Amendment to clause 135 to reflect the definition of registered health practitioner now including a registered nurse.
Amendment - 4 Mar 2021 (Passed)
Amendments to liability in clause 134 provisions to remove duplications, and to reflect a broader range of professions covered by the bill.
Amendment - 4 Mar 2021 (Passed)
Amendment clarifying that a person can still incur criminal liability if they administer or assist in administering a VAD substance in a manner contrary to the Act, as well as removing protections for participants operating in 'purported' accordance.
Amendment - 4 Mar 2021 (Passed)
Amendment requiring a contact person to return a VAD substance to an AHP, if a person decides not to self-administer and provides the VAD substance to a contact person to return.
Amendment - 4 Mar 2021 (Passed)
Amendment to include an attempt to induce under 'dishonest inducement to use VAD substance'.
Amendment - 4 Mar 2021 (Passed)
Changes a reference to a “a false statement” to “a statement that is false in a material particular”.
Amendment - 4 Mar 2021 (Passed)
Grammatical amendment.
Amendment - 4 Mar 2021 (Negatived)
Amendment requiring the Commission to refer a suspected contravention to other persons, rather than leaving it to their discretion.
Amendment - 4 Mar 2021 (Negatived)
Amendment requiring a suspected contravention to be investigated, rather than leaving it at the discretion of the Commission.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring the development of regional access standards.
Amendment to Amendment - 3 Mar 2021 (Passed)
Amendment to move the new clause to after clause 137 instead of clause 116.
Amendment to Amendment - 3 Mar 2021 (Passed)
Amendment replacing reference to living outside of Hobart and Launceston, to regional areas.
Amendment - 3 Mar 2021 (Passed)
New clause requiring the Commission to develop guidelines for determination of persons with special interest.
Amendment - 3 Mar 2021 (Passed)
Amendments to Clause 113 to stipulate the Commission's role in assisting in the access of VAD, correct a typo, and ensure that persons are only included on lists if the request to be so.
Amendment - 3 Mar 2021 (Passed)
New clause introducing confidentiality provisions.
Amendment to Amendment - 3 Mar 2021 (Passed)
Grammatical amendment to proposed new Clause A
Amendment - 3 Mar 2021 (Passed)
Amendment stipulating officers appointed under section 112 are subject to the direction of the Commission.
Amendment - 3 Mar 2021 (Passed)
Amendment allowing the Commission to hand down written reasons for a decision that do not enable individuals to be identified.
Amendment - 3 Mar 2021 (Passed)
Amendments to clarify that evidence can be in a form other than documents.
Amendment - 3 Mar 2021 (Passed)
Amendment allowing the Commission to give directions at a hearing regarding the publication of matters relating to the proceedings.
Amendment - 3 Mar 2021 (Passed)
Amendment to refer to the new guidelines proposed in new section B in relation to determining eligible applicants.
Amendment - 3 Mar 2021 (Passed)
Clarifies that a VAD death is not a reportable death under the Coroners Act 1995.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring the notification of the Commission, rather than the police and administering health practitioner.
Amendment - 3 Mar 2021 (Passed)
Ensures that a VAD death appropriately notified under the Act does not require notification of the police or coroner.
Amendment - 3 Mar 2021 (Passed)
Amendment clarifying self-administration provisions and clarifies a death should not taken to occur outside of the Act solely due to contravention of subsection (4) or (5).
Amendment - 3 Mar 2021 (Passed)
Amendment requiring an administering health practitioner to take reasonable steps to determine whether a person has died, or complications have arisen, after a VAD substance has been administered.
Amendment - 3 Mar 2021 (Passed)
Further amendment allowing an AHP certificate if self-administration without the AHP being in close proximity, or without AHP assistance, is not appropriate.
Amendment - 3 Mar 2021 (Passed)
Further amendment allowing an AHP certificate if self-administration without the AHP being in close proximity, or without AHP assistance, is not appropriate.
Amendment - 3 Mar 2021 (Passed)
Amendment allowing an AHP certificate if self-administration without the AHP being in close proximity, or without AHP assistance, is not appropriate.
Amendment - 3 Mar 2021 (Passed)
Amendment allowing the request for administration method to be amended.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a person to whom a request is made for the purposes of determining decision-making capacity to comply with the request as soon as reasonably practicable.
Amendment - 3 Mar 2021 (Passed)
Amendment to clarify that information requested from a person may include medical records.
Amendment - 3 Mar 2021 (Passed)
Amendment to allow an administering health practitioner to request medical records for the purpose of determining decision-making capacity.
Amendment - 3 Mar 2021 (Passed)
Amendment clarifying when a VAD substance needs to be returned.
Amendment - 3 Mar 2021 (Passed)
Amendment consequential to the previous amendment to clause 59(1).
Amendment - 3 Mar 2021 (Passed)
Amendment consequential to the previous amendment to clause 59(1).
Amendment - 3 Mar 2021 (Passed)
Amendment to make a CMP who becomes the PMP for the purposes of section 16 and the remainder of the VAD process, to also be PMP for the purposes of Part 16.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a person to comply with a request from a PMP in relation to a final request.
Amendment - 3 Mar 2021 (Passed)
Amendment clarifying that information can include medical records.
Amendment - 3 Mar 2021 (Passed)
Amendment allowing a PMP to request a medical record holder to provide medical records in relation to a final request.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a person whom information is requested from by a PMP to provide the information as soon as practicable.
Amendment - 3 Mar 2021 (Passed)
Amendment clarifying that information requested by a PMP may include medical records.
Amendment - 3 Mar 2021 (Passed)
Amendment allowing a PMP to request records from a a medical record holder.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a PMP to provide the CMP with requested reports and information as soon as practicable.
Amendment - 3 Mar 2021 (Passed)
Amendment correcting a typographical error.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a person to whom a PMP requests information to provide it as soon as practicable.
Amendment - 3 Mar 2021 (Passed)
Amendment clarifying that information requested by a PMP may include medical records (in relation to a second request).
Amendment - 3 Mar 2021 (Passed)
Amendment allowing a PMP to request records from a medical record holder (in relation to a second request).
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a PMP to determine a first request as soon as reasonably practicable after sufficient information is available.
Amendment - 3 Mar 2021 (Passed)
Amendment clarifying that information requested by a PMP may include medical records (in relation to a first request).
Amendment - 3 Mar 2021 (Passed)
Amendment allowing a PMP to request records from a medical record holder (in relation to a first request).
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a person, and the commission, to be notified if a medical practitioner refuses to accept a first request.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring the provision of contact details for the Commission regardless of conscientious objection.
Amendment - 3 Mar 2021 (Passed)
Amendment inserting a reference to a new clause introduced via amendment to section 82, in relation to who cannot be designated under section 15.
Amendment - 3 Mar 2021 (Passed)
Amendment inserting a reference to a new clause introduced via amendment to section 82, in the definition of relevant communication in section 15.
Amendment - 3 Mar 2021 (Negatived)
Amendment requiring a person's GP to be consulted prior to making a VAD request determination.
Amendment - 3 Mar 2021 (Passed)
Amendment clarifying that a person is not disqualified from VAD eligibility solely because they have a disability or mental illness.
Amendment - 3 Mar 2021 (Passed)
Amendment to include "disease, illness, injury, or" in a reference to a medical condition, consistent with other provisions in the bill.
Amendment - 3 Mar 2021 (Passed)
Amendment requiring a medical practitioner to have five years experience in order to be an authorised medical practitioner under the act.
Amendment - 3 Mar 2021 (Passed)
Amendment to clause 9 to avoid repetition of a definition that already exists in the bill.
Amendment - 3 Mar 2021 (Negatived)
Amendment to replace prognosis timeframe eligibility requirements with 12 months across the board, and to replace death within the timeframe being "expected" with "reasonably foreseeable".
Amendment - 3 Mar 2021 (Negatived)
Amendment to remove the requirement for a 6 or 12 month prognosis in order to be eligible for VAD.
Amendment - 3 Mar 2021 (Passed)
Amendment to changing discretionary powers to request information and consult a specialist to mandatory powers, in relation to an application for exemption from prognostic timeframe limitations for VAD eligibility.
Amendment - 2 Mar 2021 (Negatived)
Amendment to remove provisions allowing for the decision not to take medication that is unacceptable to the person to be considered for prognostication and suffering purposes.
Amendment - 2 Mar 2021 (Passed)
Amendment to include definitions of "paramedic" and "patient transport officer".
Amendment - 2 Mar 2021 (Passed)
Amendment removing the exclusion of psychiatrist from the definition of medical practitioner.
Amendment - 2 Mar 2021 (Passed)
Amendment to include a definition of "in person".
Amendment - 2 Mar 2021 (Passed)
Amendment to clarifying the definition of final permission to reflect an amended final permission.
Amendment - 2 Mar 2021 (Passed)
Amendment fixing a minor typographical error.
Amendment - 2 Mar 2021 (Passed)
Amendment to replace the word "family" with the phrase “members of the person’s family” in clause 3.
Amendment - 2 Mar 2021 (Negatived)
Amendment to allow certain institutions to conscientiously object to the provision of VAD on their premises.
Amendment to Amendment - 2 Mar 2021 (Passed)
Amendment to amendment to require proposed institutional conscientious objection to be accompanied by a requirement to provide the Commission's information.
Amendment - 2 Mar 2021 (Passed)
Amendment to clause three extending the objectives to including providing legal protections for a broader range of people and clarify that the legal protections are circumstantial.
Second Reading - 4 Dec 2020 (Passed)
Second Reading passed.