Australian Law on Euthanasia - Bio Ethics

01 October 2018

The practice of Euthanasia refers to the killing of life intentionally, in order to relive
the patient from the suffering and the pain, as per the nature of the ongoing disease (Keown,
2018). Euthanasia is considered as an illegal practice in Australia, however the Australian
states have the autonomy on legislate on the issue and formulate the legislations individually.
There are various nations around the globe, that have legalised the various forms of
Euthanasia such as active or passive, the country Australia is yet to bring out a
comprehensive and an effective framework of legislation for the allowance to an individual
to end their life either on voluntarily terms or as suggested by the physician. It is significant
to note that the Northern Territory of Australia had passed a law for voluntary euthanasia in
the year 1995, and was regarded as the first legislature in the world to do so. The Act through
which the Euthanasia was legalised in Australia was referred to as the 'Rights of the
Terminally III Act.' The practice was legal in the region for a brief period, but the same was
repealed through the commonwealth act after some time. The act which led to the repealing
was known as Euthanasia Laws Act 1997 (Cth). Recently, the month of the November 2017
witnessed a legislation being passed in the Parliament of Victoria, which stated the allowance
of the assisted suicide, which is set to come in force from the latter part of the year 2019. The
essay is aimed at exploring the various legal and ethical aspects of the practice of Euthanasia
ain Australia.
As stated above, the law as stated in the Rights of the Terminally III Act, 1995
permitted to both the acts of the physician-assisted suicide and active voluntary euthanasia in
some circumstances (Austlii, 2018a). The act was passed with a majority of votes in the ratio
of 15 to 10 votes. In addition, the act comprised of the certain strict conditions for carrying
out the said acts, such as there is neither an unqualified 'licence to kill', nor there is an
unqualified affirmation of patient that is competent, to his or her right to assistance in dying
(Emanuel, 2017). The act has been a popular topic of debate among the health care

professionals, politicians, the media, religious groups, 'pro-life' and 'pro-choice' pressure
groups, academics, and the public. The passing of the various amendments in the acts such as
the Northern Territory (Self-Government) Act, 1978, the Norfolk Island Act, 1979, the
Australian Capital Territory (Self-Government) Act, 1988, together with the Euthanasia Laws
Act, 1997; saw the power given to the various Australian territories to legalise the acts of
Euthanasia, being removed (Austlii, 2018b).
Although, the practice of Euthanasia is considered as a crime in Australia, as was
accorded in the case of Justins v R [2010] NSWCCA 242, the cases of the prosecutions have
been rare in this regard. For instance, in the year 2005 a nurse was accused of providing
assistance to her elderly father’s death suffering from the terminal cancer in the region of
Tasmania. The act was done to protect her mother from violent acts on her father’s part on
the lines of trying to kill the mother, because of the onset of dementia. For once, the nurse
was imprisoned for a term of 2.5 years. However, the sentence was later on suspended by the
judges, citing the reasons that putting a nurse behind the bars, would send a wrong message
in the society. The incident was significant as it led to the sparking of the debate on
decriminalisation of Euthanasia. Many supporters have been engaged in provocation for the
decriminalisation of Euthanasia, which included the Reason Party, Australian Greens, the
Science Party and the Liberal Democratic Party.
The private members bill was rejected, which was set on the lines of the request of the
voluntary euthanasia in the month of November 2016, by the South Australian House of
Assembly (ABC News, 2016). The bill was specifically focussed on the cases of unbearable
suffering and pain incidental to the terminal illness. In the state of Tasmania too, the bill for
the legalisation of euthanasia was marginally defeated in the month of the November 2013
(Smiley, 2013). In the state of New South Wales too, the Voluntary Assisted Dying Bill,
2017 was voted down, after being heavily debated by the upper house (Parliament of New