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.