Live & Die Well

26/03/2021

The legalisation of assisted su***de and euthanasia in Tasmania this week has gained US media attention.

Tasmania is set to become the third state in Australia to legalize euthanasia. On Tuesday, its upper house of Parliament approved amendments to legislation that will allow people suffering from irreversible conditions to end their lives early, within six months of their expected deaths. The legislat...

24/03/2021

Here is what I said in this article:

However, critics said the bill’s safeguards were insufficient to protect the vulnerable and its cost, estimated by the government to be $2.4m a year, could have been better used on palliative care.

In his second reading speech for the bill, Mr Gaffney estimated, based on Victorians’ use of that state’s VAD law, that 10 Tasmanians a year would use the new law to end their lives.

“At an estimated cost of $240,000 per person, TasVAD will be arguably the most expensive system in the world, when these funds could be used to provide Tasmanians with a world-class standard palliative care,” said Ben Smith of umbrella group Live and Die Well.

“The use of audiovisual links for VAD consultations (allowed for in the state law) is legally defective, medically compromised and open to elder abuse. Vulnerable Tasmanians will be at a significantly increased risk of a wrongful death due to misdiagnosis or undue influence from relatives off-camera.”

Tasmania has passed what critics say is the worlds most expensive euthanasia law, with an estimated 2.4m annual cost to assist the death of a predicted 10 people a year.

05/03/2021

Here are my comments in this article that I made just after the Bill passed the Lower House:
Umbrella group Live and Die Well was “very disappointed” at the vote, given that it occurred just over a week after the release of two significant reports into the legislation.
“The short time period … did not provide adequate time for these reports to be digested and fully considered,” spokesman Ben Smith said.
“As a result, the debate … was far from fully informed and lacked the level of due diligence appropriate for a bill dealing with life and death issues.
“It became clear that a majority of members were more interested in enabling access to assisted su***de and euthanasia rather than strengthening the safeguards.
“The use of telehealth consultations has been maintained in the bill, despite its inconsistency with commonwealth law. The duty to inform the coroner has been removed … Wrongful deaths will be inevitable.”

Tasmania will join Victoria and Western Australia in legalising voluntary euthanasia, following the passage of a bill through the states lower house on Thursday night.

19/02/2021

With the UTAS End of Life Bill Review due to report early next week, the scene is set for some robust debate on how to minimise the harm of this terrible bill. Parliament is due to debate amendments from March 2 - 4. Write to you Lower House MPs now to urge them to vote against the Bill or if they won’t then to support substantial amendments.
This article was in The Australian today.

15/12/2020

We were optimistic about the UTas Independent Review into the Euthanasia and Assisted Su***de Bill until we saw the Review Panel. The sole legal expert of the panel of 4 has been an advocate for euthanasia for over 25 years. The objectivity of this panel is now under a cloud. Another legal expert who is open to exploring a framework for safeguards to protect vulnerable people needs to be appointed to balance out Otlowski's pro-euthanasia advocacy.

A key member of the independent and objective panel advising Tasmanian MPs on voluntary assisted dying has a long history of strong advocacy for the reform, prompting claims that the body lacks balance.

03/12/2020

The Second reading speeches on the Gaffney Assisted Su***de and Euthanasia Bill is about to begin in Parliament. Watch the debate on the webcast.

The official record of proceedings for The House of Assembly is available through Hansard Click here to view the House of Assembly Sittings Days.

01/12/2020

A great article in The Mercury today written by Prof. Ray Lowenthal and Assoc. Prof. Marion Harris against the legalisation of assisted su***de and euthanasia.

In life principles matter. Autonomy is an important principle. But even more important than autonomy is the principle that all human life deserves respect and protection.

29/11/2020

Government Minister, Michael Ferguson, comes out against the assisted su***de/euthanasia bill that is due for debate in the House of Assembly later this week.

DEBATE around voluntary assisted dying will commence in the Lower House this week, with one MP firm on not supporting “physician-assisted su***de”.

15/11/2020

As the debate surrounding the expansion of Canada's euthanasia laws heats up, a range of voices from the disability community have been raised in opposition to the C-7 Bill. One of these voices, Roger Foley, is taking his concerns to court based on what he asserts is his right to an "assisted life".

The determination of two Quebecers with disabilities to decide when their suffering had become intolerable persuaded the federal government to rewrite the law on medical assistance in dying.

11/11/2020

This is great news. It gives experts a chance to critique the amended Bill and gives us a chance to raise community awareness about its deficiencies.

Tasmanias euthanasia push has been set back by the intervention of Premier Peter Gutwein, who has ordered an expert inquiry to report on the legislation before a final vote.

11/11/2020

An abridged clip on the Channel 7 Nightly News covering the passing of the End of Life Bill through the Legislative Council.

11/11/2020

Peter Gutwein, Premier
10 November 2020
Premier's Statement to the House on Voluntary Assisted Dying

Madam Speaker, the issue of whether or not to give terminally ill people the legal right and under what circumstances to end their life is one which should be handled with the utmost care and compassion.

The Member for Mersey Mike Gaffney’s Private Members’ Bill End-of-Life Choices, (Voluntary Assisted Dying), will have its third reading today in the Upper House. Without reflecting on that process, should it pass the third reading today it will arrive in this place sometime this week, possibly later today.

The responsibility of whether this legislation passes into law will rest with this house and that is a responsibility that bears considerable weight on all members in this place. Should this legislation become law it is incumbent on all of us to ensure that it is the best law possible and that it affords real protections for the most vulnerable in our community.

I have given this considerable thought and have spoken with the Leaders of the two Opposition parties and also with the Independent Member for Clark about the approach that I want to outline to the house this morning.

I have also spoken this morning with Mr Gaffney, and outlined the Government’s approach in relation to debate on this Bill.

It is our intention that the legislation be brought on for debate this year at the end of the Budget session and the House will proceed with the second reading debate on the 3rd December.

In order to provide an opportunity for all Members to contribute and for them to express their intent on the legislation the second reading debate will occur before the Parliament rises this year and the Parliament will sit an additional day on Friday 4th December to enable that to occur.

Should the Bill pass its second reading in the lower House, and to ensure sufficient time is provided through the Committee stage, and with the agreement of this House, the Bill will become the first order of business for this House when the Parliament resumes in late February or early March next year.

In the intervening period, so that all Members can be fully informed on the Bill, which has had a number of amendments in the other place, Government agencies will be tasked with providing advice on implementation of the Bill, not the policy intent, and this information will be provided to all Members prior to Committee stage.

Also, just as other jurisdictions have utilised independent processes to ensure such legislation is the most robust it can be, I have requested the University of Tasmania to establish an independent review panel to consider the amended legislation and provide their view regarding how this legislation compares to similar laws in other states and around the world, with a focus being the protections in place for these most vulnerable in our society.

I have also requested UTAS to provide a view from the review panel in terms of end of life considerations, such as palliative care and advanced care directives, in terms of our current framework and what other steps could be considered prior to this legislation taking effect.

Whilst the UTAS process will remain independent of government, I have requested that the review panel include experts in law, health, the social sciences and related fields.

It is my expectation that the review panel will provide its findings to all Members of Parliament later in February next year and it is the Government’s intention that the Committee stage of the Bill will commence shortly thereafter as the first order of business, upon the resumption of Parliament subject to the agreement of this House.

It will be up to UTAS to manage its own processes, but it also my expectation that due to the Bill being amended through its passage in the Upper House, that key stakeholders should be able to make submissions to that process now that the legislation is being presented in its final form to this House.

It is not the Government’s intention to delay implementation of the legislation by postponing the Committee stage to early next year.

As Members would be aware, the Upper House amended this Bill to extend the time for implementation of the legislation from 12 months to 18 months.

It is my intention that should the Bill pass its second reading in this place early next month that an amendment to the Bill be moved that the effective start date for the 18 month time period be passing of the Bill through the second reading should that occur.

It is the Government’s intention to ensure that if this Bill passes that Tasmania will have the most robust laws possible, and I hope that the steps outlined today will provide all Members with the opportunity for a more informed and considered debate on this significant and complex issue.

Liberal Members will be afforded a conscience vote on the legislation, as previously announced.

I would urge all Members of this House to take a respectful approach to all views that will be shared through this important debate.

Thank you.