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House of Assembly Votes Database

 

Second Reading (Moved by Ms Courtney) - Second Reading passed.
Friday, 4 December 2020 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Supported

Dr Broad, Ms Butler, Ms Courtney, Mr Gutwein, Ms Haddad, Ms Houston, Mr Jaensch, Mr O’Byrne, Ms O’Byrne, Ms O’Connor , Mr Rockliff , Mr Shelton, Ms Standen, Mr Street , Ms White, Dr Woodruff, Ms Dow

Opposed

Ms Archer, Mr Barnett, Mr Ferguson, Ms Ogilvie , Mrs Petrusma, Mr Tucker, Mr Ellis

Second Reading Passed

 

 

Amendment (Moved by Ms Courtney) - 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.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Page 10, subclause (1), paragraph (c).

Leave out “legal protection for registered health practitioners”.

Insert instead “, in certain circumstances, legal protection for persons”.


Amendment Passed

 

 

Amendment to Amendment (Moved by Ms Courtney) - Amendment to amendment to require proposed institutional conscientious objection to be accompanied by a requirement to provide the Commission's information.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment to Amendment

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),” .

Original 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.”

Supported

Ms Archer, Mr Barnett, Ms Courtney, Mr Ferguson, Mr Gutwein, Mr Jaensch, Ms Ogilvie, Mrs Petrusma, Mr Rockliff , Mr Tucker, Mr Ellis, Mr Street

Opposed

Dr Broad, Ms Butler, Ms Haddad, Ms Hickey, Mr O’Byrne, Ms O’Byrne, Ms O’Connor , Ms Standen, Ms White, Dr Woodruff, Ms Dow

Amendment to Amendment Passed

 

 

Amendment (Moved by Ms Ogilvie) - Amendment to allow certain institutions to conscientiously object to the provision of VAD on their premises.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

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.”

Supported

Ms Archer, Mr Barnett, Ms Courtney, Mr Ferguson, Ms Ogilvie, Mrs Petrusma, Mr Tucker, Mr Ellis

Opposed

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 Negatived

 

 

Amendment (Moved by Ms Courtney) - Amendment to replace the word "family" with the phrase “members of the person’s family” in clause 3.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Final Motion

Leave out “family”.

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment fixing a minor typographical error.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Leave out “all person”.

Insert instead “all persons”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to clarifying the definition of final permission to reflect an amended final permission.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to include a definition of "in person".
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

After the definition of health service.

Insert the following definition:

"in person", in relation to a person, means while physically present before the person and does not include by means of a telephone, or by audio-visual link or another means of electronic communication;


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment removing the exclusion of psychiatrist from the definition of medical practitioner.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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

Supported

Dr Broad, Ms Butler, Ms Courtney, Ms Dow , 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, Mr Street

Opposed

Ms Archer, Mr Barnett, Mr Ferguson, Ms Ogilvie , Mr Tucker, Mr Ellis

Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to include definitions of "paramedic" and "patient transport officer".
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Page 16, after the definition of officer of the Ambulance Service.

Insert the following definitions:

"paramedic" means a person who is registered under the Health Practitioner Regulation National Law (Tasmania) in the paramedicine profession or who is a paramedic within the meaning of the Ambulance Service Act 1982;

"patient transport officer" means –

(a)      a volunteer ambulance officer within the meaning of the Ambulance Service Act 1982; and

(b)      a person who is providing non-emergency patient transport services within the meaning of the Ambulance Service Act 1982; and

(c)      a person who is providing ambulance services under section 38A of the Ambulance Service Act 1982;


Amendment Passed

 

 

Amendment (Moved by Mr Barnett) - 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.
Tuesday, 2 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

In subclause (2).

Leave out the subclause.


Amendment Negatived

 

 

Amendment (Moved by Mr Barnett) - 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.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 6

In subclause (5).

Leave out the subclause.

Insert instead the following subclause:

(5)      The Commission must, so as to assist the Commission to decide whether or not to make a determination under subsection (3) in relation to the person –

(a)      request medical practitioners to provide to the Commission medical records, in the possession of the medical practitioners, in relation to the person; and

(b)      request a medical practitioner, who has specialist knowledge as to a relevant medical condition that is a relevant medical condition in relation to a person, to advise the Commission in relation to the relevant medical condition using the collection of medical records for the person provided by the Commission.

Supported

Ms Archer, Mr Barnett, Ms Courtney, Mr Ferguson, Mr Gutwein, Mr Jaensch, Ms Ogilvie, Mrs Petrusma, Mr Rockliff, Mr Tucker, Mr Ellis, Mr Street

Opposed

Dr Broad, Ms Butler, Ms Dow, Ms Haddad, Ms Hickey, Mr O’Byrne, Ms O’Byrne, Ms O’Connor, Ms Standen, Ms White, Dr Woodruff

Amendment Passed

 

 

Amendment (Moved by Ms O’Connor) - Amendment to remove the requirement for a 6 or 12 month prognosis in order to be eligible for VAD.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.


Amendment Negatived

 

 

Amendment (Moved by Dr Woodruff) - 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".
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 6

In subclause (1), paragraph (c).

Leave out the paragraph.

Insert instead the following paragraph:

“(c)         except if a person is exempted from this requirement under subsection (3) – has resulted in the death of the person within 12 months being reasonably foreseeable;”

Supported

Ms O’Connor, Mr Street, Dr Woodruff

Opposed

Ms Archer, Mr Barnett, Dr Broad , Ms Butler, Ms Courtney, Ms Dow , Mr Ferguson, Mr Gutwein, Ms Haddad, Ms Hickey, Mr Jaensch, Mr O’Byrne , Ms O’Byrne, Ms Ogilvie, Mr Rockliff, Ms Standen, Mr Tucker, Ms White, Mr Ellis

Amendment Negatived

 

 

Amendment (Moved by Ms Courtney) - Amendment to clause 9 to avoid repetition of a definition that already exists in the bill.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 9

Page 28, paragraph (a).

Leave out the paragraph.

Insert instead the following paragraph:

(a)      the person is a medical practitioner;


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring a medical practitioner to have five years experience in order to be an authorised medical practitioner under the act.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 9

Page 28, paragraph (b).

Leave out the paragraph.

Insert instead the following paragraph:

“(b)         the person has practised as a medical practitioner for at least 5 years after vocational registration as a general practitioner or after completing a fellowship with a specialist medical college; and”

Supported

Ms Archer, Mr Barnett, Ms Courtney, Mr Ferguson , Mr Gutwein, Mr Jaensch, Ms Ogilvie, Mrs Petrusma, Mr Rockliff, Mr Tucker, Mr Ellis, Mr Street

Opposed

Ms Butler, Ms Dow, Ms Haddad, Ms Hickey, Mr O’Byrne, Ms O’Byrne, Ms O’Connor, Ms Standen, Ms White, Dr Woodruff, Dr Broad

Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to include "disease, illness, injury, or" in a reference to a medical condition, consistent with other provisions in the bill.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 9

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

Insert “disease, illness, injury, or”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment clarifying that a person is not disqualified from VAD eligibility solely because they have a disability or mental illness.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 10

Page 30, after subclause (2).

Insert the following subclause:

(3)      For the avoidance of doubt –

(a)      a person who has a disability, within the meaning of the Disability Services Act 2011, is eligible to access voluntary assisted dying if the person has a relevant medical condition and the other requirements of subsection (1) are satisfied in relation to the person; and

(b)      a person who has a mental illness, within the meaning of the Mental Health Act 2013, is eligible to access voluntary assisted dying if the other requirements of subsection (1) are satisfied in relation to the person.


Amendment Passed

 

 

Amendment (Moved by Mr Ferguson) - Amendment requiring a person's GP to be consulted prior to making a VAD request determination.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.


Amendment Negatived

 

 

Amendment (Moved by Ms Courtney) - Amendment inserting a reference to a new clause introduced via amendment to section 82, in the definition of relevant communication in section 15.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 15

Page 39, subclause (1), definition of relevant communication, paragraph (c), after “section 82(1)(b)”.

Insert “or (4)”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment inserting a reference to a new clause introduced via amendment to section 82, in relation to who cannot be designated under section 15.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 15

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

Insert “or (4)”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring the provision of contact details for the Commission regardless of conscientious objection.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 18

Page 47, before subclause (1),

Insert the following subclause.

(1AA)     If a person has clearly indicated to a medical practitioner that the person wishes to access voluntary assisted dying, the medical practitioner must, whether or not the medical practitioner has a conscientious objection to providing assistance to the person to die, provide to the person the contact details of the Commission.


Amendment Passed

 

 

Amendment (Moved by Dr Woodruff) - Amendment requiring a person, and the commission, to be notified if a medical practitioner refuses to accept a first request.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing a PMP to request records from a medical record holder (in relation to a first request).
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 25

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;


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment clarifying that information requested by a PMP may include medical records (in relation to a first request).
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 25

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

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring a PMP to determine a first request as soon as reasonably practicable after sufficient information is available.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 26

Amendment proposed (Ms Courtney)

Page 54, at the end of the clause.

Insert the following subclause:

(2)      A person’s PMP is to determine a first request from the person as soon as reasonably practicable after the PMP has sufficient information to enable the PMP to make the determination.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing a PMP to request records from a medical record holder (in relation to a second request).
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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;


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment clarifying that information requested by a PMP may include medical records (in relation to a second request).
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 32

Page 61, paragraph (d), after “the information”.

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring a person to whom a PMP requests information to provide it as soon as practicable.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment correcting a typographical error.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

CLause 43

Leave out “the person’s PMP person”.

Insert instead “the person’s PMP”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring a PMP to provide the CMP with requested reports and information as soon as practicable.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing a PMP to request records from a a medical record holder.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 46

Page 69, subclause (1), 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;


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment clarifying that information requested by a PMP may include medical records.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 46

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

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring a person whom information is requested from by a PMP to provide the information as soon as practicable.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 46

Page 69, after subclause (1).

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.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing a PMP to request a medical record holder to provide medical records in relation to a final request.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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;


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment clarifying that information can include medical records.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 54

Page 76, paragraph (d), after “the information”.

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring a person to comply with a request from a PMP in relation to a final request.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - 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.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 59

Page 79, subclause (1), after “section 16”.

Insert “and Part 16”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment consequential to the previous amendment to clause 59(1).
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 59

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

Insert “and Part 16”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment consequential to the previous amendment to clause 59(1).
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 59

Page 80, subclause (5), after “section 16”.

Insert “and Part 16”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment clarifying when a VAD substance needs to be returned.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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 Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to allow an administering health practitioner to request medical records for the purpose of determining decision-making capacity.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Page 104, after paragraph (c).

Insert the following paragraph:

                                     “(d)                  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;”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to clarify that information requested from a person may include medical records.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Amendment made (Ms Courtney)

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

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - 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.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Amendment made (Ms Courtney)

Page 104, 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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing the request for administration method to be amended.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing an AHP certificate if self-administration without the AHP being in close proximity, or without AHP assistance, is not appropriate.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 86

Amendment made (Ms Courtney)

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

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,”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Further amendment allowing an AHP certificate if self-administration without the AHP being in close proximity, or without AHP assistance, is not appropriate.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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,”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Further amendment allowing an AHP certificate if self-administration without the AHP being in close proximity, or without AHP assistance, is not appropriate.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 86

Amendment made (Ms Courtney)

Page 113, subclause (5), paragraph (b), after “VAD substance”.

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - 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.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - 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).
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 91

Amendment made (Ms Courtney)

Page 118, after subclause (4).

Insert the following subclauses:

“(5)                     If a private self-administration certificate was issued in relation to a person and more than 6 months (or, if the person has a neurodegenerative disease, more than 12 months) has expired since the certificate was issued, the person may self-administer a VAD substance supplied to the person’s AHP, but only if there is, under section 86, an AHP administration certificate in relation to the person and the self-administration occurs in accordance with the requirements of sections 87 and 88.

(6)                     The death of a person is, for all purposes, including for the purposes of the Coroner’s Act 1995, not to be taken, by reason only of a contravention by the person of the requirements of subsection (4) or (5), to be a death that is not under and in accordance with this Act.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Ensures that a VAD death appropriately notified under the Act does not require notification of the police or coroner.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring the notification of the Commission, rather than the police and administering health practitioner.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 93

Amendment proposed (Ms Courtney)

Page 120, subclause (1).

Leave out all words after “section 92(2) of the death of the person”.

Insert instead “, notify the Commission of the death of the person”.

Supported

Ms Butler, Ms Courtney, Ms Dow, Mr Gutwein, Ms Haddad, Ms Hickey, Mr Jaensch, Mr O’Byrne, Ms O’Byrne, Ms O’Connor, Ms Ogilvie, Mr Rockliff, Ms Standen, Ms White, Dr Woodruff, Dr Broad

Opposed

Ms Archer, Mr Barnett, Mr Ferguson, Mrs Petrusma, Mr Tucker, Mr Ellis

Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Clarifies that a VAD death is not a reportable death under the Coroners Act 1995.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to refer to the new guidelines proposed in new section B in relation to determining eligible applicants.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 94

Amendment made (Ms Courtney)

Page 122, definition of eligible applicant, paragraph (c), after “satisfied”.

Insert “, after having considered the guidelines issued under section B, in so far as they relate to the person,”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing the Commission to give directions at a hearing regarding the publication of matters relating to the proceedings.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendments to clarify that evidence can be in a form other than documents.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 101

Amendment 1

Page 127, subclause (1).

Leave out “there are documents”.

Insert instead “there is evidence, or there are documents,”.

 

Amendment 2

Page 127, subclause (1), paragraph (a), before “are”.

Insert “is or”.

 

Amendment 3

Page 127, subclause (1).

Leave out “to lodge a copy of each document with the Commission”.

Insert instead “to lodge with the Commission the evidence, or a copy of each document,”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment allowing the Commission to hand down written reasons for a decision that do not enable individuals to be identified.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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 Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment stipulating officers appointed under section 112 are subject to the direction of the Commission.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 112

Amendment made (Ms Courtney)

Page 145, after subclause (2).

Insert the following subclause:

“(3)                     A person appointed under this section is subject to the direction of the Commission.”


Amendment Passed

 

 

Amendment to Amendment (Moved by Ms Courtney) - Grammatical amendment to proposed new Clause A
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment to Amendment

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).”

Original Amendment

“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.”


Amendment to Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - New clause introducing confidentiality provisions.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

“A. Confidentiality

(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).

(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.”

Original Amendment

“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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - 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.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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 Passed

 

 

Amendment (Moved by Ms Courtney) - New clause requiring the Commission to develop guidelines for determination of persons with special interest.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

New Clause B was brought up by Ms Courtney and read a First Time as follows:-

“B.    Guidelines for determination of persons with special interest

(1)          The Commission must prepare and issue guidelines for the purposes of the definition of eligible applicant in section 94.

(2)          The Commission may –

(a)        amend guidelines issued under subsection (1); or

(b)        revoke guidelines issued under subsection (1) and issue guidelines under that subsection in their place.

(3)          The Commission, before issuing, amending, or revoking and issuing, guidelines under subsection (1) –

(a)          must ensure that there is published, in a newspaper published in, and circulating generally within, the State, a notice –

(i)      specifying that the Commission is proposing to issue, amend or revoke guidelines; and

(ii)      inviting members of the community to make submissions in relation to the proposal by a date specified in the notice; and

(b)        consider all submissions made by the date specified in the notice under paragraph (a)(ii).

(4)          The Commission must, after issuing, amending, or revoking and issuing, guidelines under subsection (1) –

(a)        give notice, in a newspaper published in, and circulating generally in, the State, of the issuing, amending, or revoking, of the guidelines; and

(b)        ensure that guidelines issued under subsection (1) are available for viewing by members of the public –

(i)           at the office of the Commission; and

(ii)          on a website of the Commission."


Amendment Passed

 

 

Amendment to Amendment (Moved by Ms Courtney) - Amendment replacing reference to living outside of Hobart and Launceston, to regional areas.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment to Amendment

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”.

Original Amendment

“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 to Amendment Passed

 

 

Amendment to Amendment (Moved by Ms Courtney) - Amendment to move the new clause to after clause 137 instead of clause 116.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment to Amendment

Proposed New Clause C, as amended, further considered.

An Amendment to proposed New Clause C proposed (Ms Courtney)

Leave out the words “To follow Clause 116”

Insert instead the words “To follow Clause 137 in Part 20”.

Original Amendment

“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.”


Amendment to Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment requiring the development of regional access standards.
Wednesday, 3 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

“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.”

Original Amendment

“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 Passed

 

 

Amendment (Moved by Mr Barnett) - Amendment requiring a suspected contravention to be investigated, rather than leaving it at the discretion of the Commission.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Amendment proposed (Mr Barnett)

Page 155, paragraph (a).

Leave out, “may (but is not required to)”.

Insert instead “must”.

Supported

Ms Archer, Mr Barnett, Mr Ferguson, Ms Ogilvie, Mr Tucker, Mr Ellis

Opposed

Dr Broad, Ms Courtney, Ms Dow, Mr Gutwein, Ms Haddad, Ms Hickey, Mr Jaensch, Mr O’Byrne, Ms O’Byrne, Ms O’Connor, Mr Rockliff, Ms Standen, Mr Street, Ms White, Dr Woodruff, Ms Butler

Amendment Negatived

 

 

Amendment (Moved by Mr Barnett) - Amendment requiring the Commission to refer a suspected contravention to other persons, rather than leaving it to their discretion.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Amendment proposed (Mr Barnett)

Page 155, paragraph (b).

Leave out “may”.

Insert instead “must”.


Amendment Negatived

 

 

Amendment (Moved by Ms Courtney) - Grammatical amendment.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Amendment made (Ms Courtney)

Page 156, paragraph (b).

Leave out “exercise dishonest or undue influence on a person in order to induce the person”.

Insert instead “by dishonesty or undue influence, induce, or attempt to induce, another person”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Changes a reference to a “a false statement” to “a statement that is false in a material particular”.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 127

Amendment made (Ms Courtney)

Page 158.

Leave out “a false statement”.

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


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to include an attempt to induce under 'dishonest inducement to use VAD substance'.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 128

Amendment made (Ms Courtney)

Page 158.

Leave out “dishonest or undue influence, induce,”.

Insert instead “dishonesty or undue influence, induce, or attempt to induce,”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - 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.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

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.”


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - 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.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 132

Amendment 1

Page 160.

Leave out “, or purportedly in accordance with,”.

 

Amendment 2

Page 160, paragraph (a), after “process”.

Insert “, other than by administering a VAD substance to a person, or assisting a person to self-administer a VAD substance, otherwise than as authorised under this Act”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendments to liability in clause 134 provisions to remove duplications, and to reflect a broader range of professions covered by the bill.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 134

Amendment 1

Page 160, subclause (1).

Leave out the subclause.

Question put – That the Amendment be agreed to;

It was resolved in the Affirmative.

 

Amendment 2

Page 161, subclause (2).

Leave out “or purportedly under this Act,”.

 

Amendment 3

Page 162, subclause (3).

Leave out “or a registered nurse”.

Insert instead “, paramedic, patient transport officer or officer of the Ambulance Service”.

 

Amendment 4

Page 162, subclause (4).

Leave out “registered nurse,”.

Insert instead “, paramedic, patient transport officer”.

Question put – That the Amendment be agreed to;

It was resolved in the Affirmative.

Clause 134, as amended, agreed to.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to clause 135 to reflect the definition of registered health practitioner now including a registered nurse.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 135

Page 163, subclause (1).

Leave out “registered medical practitioner or registered nurse”.

Insert instead “registered health practitioner”.


Amendment Passed

 

 

Amendment (Moved by Ms Courtney) - Amendment to clause 139 for more detailed provisions relating to how this Act will operate in relations to the Poisons Act 1971.
Thursday, 4 March 2021 - Bill, End Of Life Choices (Voluntary Assisted Dying) Bill 2020

Amendment

Clause 139

Amendment 1

Page 166.

Leave out “Poisons Act 1971 or the”.

 

Amendment 2

Page 166, at the end of the clause.

Insert the following subclauses:

“(2)Nothing in this Act is to be taken to prevent the application, of a requirement specified in a provision of –

(a)the Poisons Act 1971; or

(b)regulations, or an instrument issued or made under that Act –

to the prescription, sale, supply, possession, administration, storage, recording and destruction under this Act, of a VAD substance.

(3)Subsection (2) does not apply in relation to a provision of –

(a)the Poisons Act 1971; or

(b)regulations, or an instrument issued or made under that Act –

that is prescribed, if the requirements, if any, that are prescribed are satisfied.”


Amendment Passed