House of Assembly Votes Database

An Amendment was proposed by Ms Courtney, in proposed new subclause (1), before “to authorise or permit”.

Insert, “, subject to section 18(1AA) and the performance by the Commission of the functions of the Commission referred to in section 113(1)(x),” .

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.”

Supported

Opposed

Leave out “family”.

Insert instead “members of the person’s family”.

Page 15, definition of final permission, after “section 82”.

Insert “as amended, if at all, in accordance with section 82(4)”.

Page 15, definition of medical practitioner, leave out “ and who is not a psychiatrist”.

Supported

Opposed

In subclause (2).

Leave out the subclause.

Clause 6

Leave out all words after “For the purposes of this Act-“

Insert instead the following words:

relevant medical condition, in relation to a person, means a disease, illness, injury, or medical condition, of the person that is advanced, incurable and irreversible and is expected to cause the death of the person.

(2)          For the purposes of this Act, a disease, illness, injury, or medical condition, of a person is incurable and irreversible and is expected to cause the death of the person if there is no reasonably available treatment that –

(a)          is acceptable to the person; and

(b)          can cure or reverse the disease, illness, injury or medical condition and prevent the expected death of the person from the disease, illness, injury or medical condition.

Clause 9

Page 28, paragraph (a).

Leave out the paragraph.

Insert instead the following paragraph:

(a)      the person is a medical practitioner;

Clause 9

Page 28, paragraph (c), before “medical condition”.

Insert “disease, illness, injury, or”.

New Clause A

A.      Person’s general practice medical practitioner must be consulted by PMP and CMP

(1)      In this section –

"relevant information", in relation to the general practice medical practitioner of a person, means – 

(a)      all information, from the person’s general practice medical practitioner that relates to the disease, illness, injury, or medical condition, that is expected to cause the death of the person; and

(b)      all copies of the person’s medical records that are in the possession of the person’s general practice medical practitioner – 

that the PMP or CMP reasonably requires to enable the PMP or CMP to determine that the person is, or is not, eligible to access voluntary assisted dying.

(2)      A person’s PMP or CMP who receives a request from the person must, before determining the request under this Act –

(a)      consult with the person’s general practice medical practitioner; and

(b)      require the person’s general practice medical practitioner to provide to the PMP or CMP, respectively, all relevant information in relation to the person; and

(c)      before determining the request under section 33, 47 55, consider all relevant information, in relation to the person, provided to the PMP or CMP by the person’s general practice medical practitioner in accordance with the requirement under paragraph (a) or (b) or otherwise.

(3)      If a person’s PMP or CMP does not comply with subsection (2) in relation to a request, the PMP or CMP is, for the purposes of this Act, to be taken to have determined, under section 33, 47, 55, the request by determining the person is not eligible to access the voluntary assisted dying process.

(4)      A general practice medical practitioner to whom a requirement is given under subsection (2) must comply with the requirement as soon as reasonably practicable.

(5)      This section does not apply in relation to a person’s PMP or CMP if the PMP or CMP is, after making reasonable attempts to obtain from the person the information reasonably necessary to determine the matter, of the opinion that –

(a)      there is no general practice medical practitioner in relation to the person; or

(b)      the PMP or CMP, respectively, is unable to determine whether or not there is a general practice medical practitioner in relation to the person.

Clause 15

Page 42, subclause (7), after “section 82(1)(b)”.

Insert “or (4)”.

Clause 20

Page 49, subclause (3).

Leave out the subclause.

Insert instead the following subclause:

“(3)        A medical practitioner must, as soon as reasonably practicable, but in any case within 7 days, after refusing to accept a first request from a person under section 19(b) –

notify the person of the refusal of the first request; and note, on the medical practitioner’s medical records in relation to the person, that the person has made a first request and that the medical practitioner has refused to accept the request; and

notify the Commission, in the approved form, that the medical practitioner has refused a first request from the person.”

Clause 25

Page 54, paragraph (d), after “the information”.

Insert “(which may include any medical records)”.

Clause 32

Page 61, after paragraph (c).

Insert the following paragraph:

(x)           request a person (a medical record holder) to provide to the PMP copies of medical records, in relation to the person, that are held or stored by the medical record holder and that the PMP requires in order to make the determination;

Clause 32

Insert the following subclause:

(2)          A person to whom a request is made under subsection (1) must not fail, without reasonable excuse, to comply with the request as soon as reasonably practicable.

Clause 43

Insert the following subclause:

(2)          A PMP to whom a request is made under subsection (1) must not fail, without reasonable excuse, to comply with the request as soon as reasonably practicable.

Clause 46

Page 69, subclause (1), paragraph (d), after “the information”.

Insert “(which may include any medical records)”.

Clause 54

Page 76, after paragraph (c).

Insert the following paragraph:

(c)           request a person (a medical record holder) to provide to the PMP copies of medical records, in relation to the person, that are held or stored by the medical record holder and that the PMP requires in order to make the determination;

Clause 54

Page 77, at the end of the clause.

Insert the following subclause:

(2)          A person to whom a request is made under subsection (1) must not fail, without reasonable excuse, to comply with the request as soon as reasonably practicable.

Clause 59

Page 80, subclause (2), after “section 16”.

Insert “and Part 16”.

Page 99, subclause (2), paragraph (d), subparagraph (i), after “the substance” (second occurring).

Insert “and has not obtained an AHP administration certificate under section 86”.

Amendment made (Ms Courtney)

Page 104, paragraph (d), after “information”.

Insert “(which may include any medical records)”.

Clause 82

Amendment made (Ms Courtney)

Page 108, after subclause (3).

Insert the following subclause.

“(4)                     A person who has given the person’s AHP a final permission may give to the person’s AHP an instrument in writing –

(a)        completed, and signed, by the person; or

(b)        if the person is unable to complete or sign the instrument – completed and signed by an adult (other than the PMP, the CMP, or the AHP, in relation to the person) who is designated by the person to complete or sign, or to complete and sign, the instrument on the person’s behalf –

amending the statement, referred to in subsection (3)(c), that is included in the final permission.”

Clause 86

Amendment made (Ms Courtney)

Page 113, subclause (5), paragraph (a), after “self-administer the VAD substance”.

Insert “or to self-administer the VAD substance without the AHP being in close proximity to the person or assisting the person to self-administer the VAD substance,”.

Clause 87

Amendment made (Ms Courtney)

Page 114, after subclause (3).

Insert the following subclause:

“(4)                     After the VAD substance has been administered to the person, the person’s AHP must, if the person’s AHP has not remained in the same room or place as the room or place in which the person is situated, take reasonable steps (which may include moving into the same room or place as the room or place in which the person is situated) to determine whether the person has died or unexpected complications may have arisen.”

Clause 92

Amendments made (Ms Courtney)

First Amendment

Page 119, subclause (2).

Leave out “must, as soon as practicable, notify the police”.

Second Amendment

Page 119, after subclause (2).

Insert the following subclause:

             “(2A)                     If the contact person in relation to a person complies with subsection (2) in relation to the person, section 19(1) of the Coroners Act 1995 does not apply in relation to the contact person.”

Clause 93

Amendment made (Ms Courtney)

Page 120, subclause (2).

Leave out the subclause.

Insert instead the following subclause:

“(2)                       The death of a person who has been administered or self- administered a VAD substance in accordance with this Act is not a reportable death for the purposes of the Coroners Act 1995.”

Clause 100

Amendment made (Ms Courtney)

Page 127, after subclause (6).

Insert the following subclauses:

“(7)                     The Commission may give to either or both of the following:

(a)        persons present at a hearing in relation to an application;

(b)        the parties to proceedings in relation to an application –

directions prohibiting the publication, except in the circumstances specified in the directions, of matters relating to the application or the proceedings.

(8)                     A person must not contravene or fail to comply with a direction given under subsection (7).

Penalty:         Fine not exceeding 100 penalty units.”

Clause 104

Amendment made (Ms Courtney)

Page 132, after subclause (2).

Insert the following subclause:

“(3)                     Despite subsections (1) and (2), the Commission may, if the Commission considers it appropriate to do so, do either or both of the following:

(a)        prepare written reasons for the determination of the application under section 103(1) that do not enable persons referred to in the transcript to be identified;

(b)        ensure that so much, of the written transcript of the part of the proceedings, as is used by the Commission as the Commission’s reasons for the determination of the application under section 103(1) does not enable persons referred to in the transcript to be identified.”

Amendment to proposed New Clause A proposed (Ms Courtney)

Leave out subsection (1).

Insert instead the following subsection:

“(1)        A person, in discharging any responsibilities under this Act as a member of the Commission or an officer appointed under section 112, who obtains information of a confidential or personal nature about a person, must not disclose the information except as authorised or required under subsection (2).”

“A. Confidentiality

(1)                     A person who obtains information of a confidential or personal nature about a person in discharging any responsibilities under this Act as a member of the Commission or an officer appointed under section 112 must not disclose the information except as authorised or required under subsection (2).

(2)                     The information may be disclosed if –

(a)                     the disclosure is authorised or required by law or any court; or

(b)                     the disclosure is made for or in connection with the reporting or lawful investigation of a crime or unlawful act (whether actual or prospective); or

(c)                     the Commissioner authorises the disclosure; or

(d)                     the person making the disclosure reasonably believes it to be necessary in connection with the administration of this Act; or

(e)                     the prescribed circumstances exist in relation to the disclosure.

Penalty:         Fine not exceeding 50 penalty units.”

Clause 113

Amendment 1

Page 145, subclause (1), after paragraph (a).

Insert the following paragraph:

“(x)        to provide an appropriate level of assistance to persons who wish to access voluntary assisted dying but who are prevented from, or hampered in, accessing the process because of their personal circumstances, which may include their access to medical practitioners who are willing and able to assist them in achieving such access;”

Amendment 2

Page 147, subclause (3).

Leave out “contacts details”.

Insert instead “contact details”.

Amendment 3

Page 147, after subclause (3).

Insert the following subclause.

“(3A)     A list referred to in subsection (1) is only to contain the names of persons who have advised the Commission that they are willing to have their names included on the list.”

Amendment to proposed New Clause C proposed (Ms Courtney)

In proposed subclause (2).

Leave out all words after “reside”

Insert instead the words “in a regional area”.

“C.   Regional access standards

(1)                     The Secretary of the Department must issue a standard (the access standard) setting out how the State intends to facilitate access to voluntary assisted dying for persons ordinarily resident in the State, including how the State intends to facilitate access by those persons to –

(a)                     the services of medical practitioners and other persons who perform functions, or exercise powers, under this Act; and

(b)                     VAD substances for use under this Act; and

(c)                     information about access to voluntary assisted dying under this Act.

(2)                     The access standard must specifically set out how the State intends to facilitate access to voluntary assisted dying for residents of the State who reside outside of Hobart and Launceston.

(3)                     The Secretary of the Department –

(a)                     may amend or replace the access standard; and

(b)                     must publish the access standard on the Department’s website; and

(c)                     must include in the annual report, of the Department, under the State Service Act 2000 for a year, a report in relation to the steps taken by the Department during the year to meet the access standard.”

“C.   Regional access standards

(1)                     The Secretary of the Department must issue a standard (the access standard) setting out how the State intends to facilitate access to voluntary assisted dying for persons ordinarily resident in the State, including how the State intends to facilitate access by those persons to –

(a)                     the services of medical practitioners and other persons who perform functions, or exercise powers, under this Act; and

(b)                     VAD substances for use under this Act; and

(c)                     information about access to voluntary assisted dying under this Act.

(2)                     The access standard must specifically set out how the State intends to facilitate access to voluntary assisted dying for residents of the State who reside in a regional area.

(3)                     The Secretary of the Department –

(a)                     may amend or replace the access standard; and

(b)                     must publish the access standard on the Department’s website; and

(c)                     must include in the annual report, of the Department, under the State Service Act 2000 for a year, a report in relation to the steps taken by the Department during the year to meet the access standard.”

“C.   Regional access standards

(1)                     The Secretary of the Department must issue a standard (the access standard) setting out how the State intends to facilitate access to voluntary assisted dying for persons ordinarily resident in the State, including how the State intends to facilitate access by those persons to –

(a)                     the services of medical practitioners and other persons who perform functions, or exercise powers, under this Act; and

(b)                     VAD substances for use under this Act; and

(c)                     information about access to voluntary assisted dying under this Act.

(2)                     The access standard must specifically set out how the State intends to facilitate access to voluntary assisted dying for residents of the State who reside outside of Hobart and Launceston.

(3)                     The Secretary of the Department –

(a)                     may amend or replace the access standard; and

(b)                     must publish the access standard on the Department’s website; and

(c)                     must include in the annual report, of the Department, under the State Service Act 2000 for a year, a report in relation to the steps taken by the Department during the year to meet the access standard."

Amendment proposed (Mr Barnett)

Page 155, paragraph (b).

Leave out “may”.

Insert instead “must”.

Clause 127

Amendment made (Ms Courtney)

Page 158.

Leave out “a false statement”.

Insert instead “a statement that is false in a material particular”.

Clause 130

Amendment made (Ms Courtney)

Page 159, at the end of the clause.

Insert the following subclause:

“(2)A contact person in relation to a person must, within 14 days after a VAD substance is given to the contact person under section 91(4) by the person, return the VAD substance to the person’s AHP.

Penalty: Fine not exceeding 100 penalty units.”