RIGHT TO LIFE NEWS NOVEMBER DECEMBER 2019 Letter from the President The complexity of medical terminology and the balance of power between health practitioner and patient was also identified as Dear Friends of Life, potentially challenging and would require thorough consideration Thanks to all of you who have responded during any implementation planning (including being part of so generously to our recent desperate practitioner education and training). appeal for funds. I readily acknowledge What did the Aboriginal Health Council of Western Australia have that not everyone can give a large to say to the Ministerial Expert Panel on Voluntary Assisted Dying amount and I want you to know every about that? little helps. It said, as quoted in the Ministerial Expert Panel on Voluntary We are trying our best to stop passage Assisted Dying’s report — ‘Clinicians often use complex medical Margaret Tighe of the WA Voluntary Assisted Dying Bill terminology when discussing treatment options with Aboriginal 2019 – which is worse than the Victorian people … This results in the real risk that Aboriginal people may legislation. Already in South Australia a bill creating an exclusion consent to something they don’t fully understand. zone around abortion facilities is before the Parliament. An There is also the issue of the disparity of power between a doctor abortion till birth bill is in the wings followed by a euthanasia bill. and Aboriginal people; Aboriginal people will often agree with a Meanwhile plans are afoot for similar legislation in Queensland doctor’s advice even if they are not happy with it as they can feel and South Australia with pressure mounting for NSW and overpowered in the doctor–patient relationship’. Those are not my Tasmania. Should we just lie down and allow it all to happen? words and not my view of the world; that is a submission by the Definitely not! With your support we shall continue to speak out Aboriginal Health Council of Western Australia to the Ministerial about the killing that is and will be occurring at both ends of life. Expert Panel on Voluntary Assisted Dying.” In life 2nd reading vote, Voluntary Assisted Dying Bill 2019- WA Margaret Tighe, PRESIDENT Legislative Council, Wednesday 23rd October 2019 Ayes (25) • Hon Tjorn Sibma • Hon Martin Aldridge • Hon Aaron Stonehouse HON NICK GOIRAN MLC – • Hon Jacqui Boydell • Hon Matthew Swinbourn • Hon Robin Chapple • Hon Dr Sally Talbot A GREAT STALWART FOR LIFE! • Hon Jim Chown • Hon Darren West The Voluntary Assisted Dying Bill 2019 is • Hon Tim Clifford • Hon Alison Xamon currently being debated in the Legislative • Hon Alanna Clohesy • Hon Pierre Yang Council in the Parliament of Western • Hon Stephen Dawson Australia. We are immensely proud of • Hon Colin de Grussa Noes (10) the work of Hon. Nicolas (Nick) Goiran • Hon Sue Ellery • Hon Ken Baston MLC – Member of the Legislative Council, • Hon Diane Evers • Hon Peter Collier Parliament of Western Australia. Nick has • Hon Adele Farina • Hon Donna Faragher spearheaded the opposition to the Bill. • Hon Laurie Graham • Hon Nick Goiran The debate has passed the 2nd reading • Hon Colin Holt • Hon Rick Mazza • Hon Alannah MacTiernan • Hon Michael Mischin (see vote below) and is now in the Hon Nick Goiran MLC • Hon Kyle McGinn • Hon Simon O’Brien Committee stage, where every clause • Hon Martin Pritchard • Hon Charles Smith – over 180 of them – is being examined before the final vote. It is • Hon Samantha Rowe • Hon Dr Steve Thomas expected the final vote will occur before the end of the year. Nick has • Hon Robin Scott • Hon Colin Tincknell proposed over 350 amendments - to expose the flaws and enable Members to see through this dangerous bill. We continue to work The debate resumes on Tues 19/11/19 You may listen or watch: bit.ly/2O6jB0J to oppose the bill and encourage those of you living in WA to contact your MLCs. If you live in Western Australia Parliament of WA Hansard Legislative Council 22/10/19 Hon Nick please contact your 6 MLCs in your region! Goiran MLC – (excerpt) Use our enclosed guide. Check your regions on the map overleaf. … “I turn now to page 31 of the Ministerial Expert Panel on The bill should be defeated not amended. Voluntary Assisted Dying’s report and its consideration of matters that are of interest to Indigenous Western Australians. It states — Tell them to “VOTE NO” to Patient Killing. Donate: Commonwealth BSB 063 -111 Account no 1010 9208 or online RIGHT TO LIFE NEWS in Western Australia, this is important — and they have a right to Aboriginal people do not be fully informed and heard. The Western civil society has had an need a new avenue to death alleged need for this change to the sanctity of life. This sanctity-of-life understanding has much resonance with our perspectives and First Nations have respected it. Now, with little education or explanation we are confused as to why a change is necessary. The UN Declaration on the Rights of Indigenous Peoples, article 24.2, states: “Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realisation of this right.” First Nations need not look far to see that Australia has totally failed in its duty of care to respect this fundamental right. Repeated Closing the Pat Dodson urges MPs to ‘consider the importance of the Gap speeches tabled to parliament and traumatic coronial inquires decision before them’. Picture Ben Houston/The Australian 5/10/19 with numbing regularity remind us that at every stage of life, First Western Australia is considering a piece of legislation that may be the Nations people do not enjoy a quality of life afforded by the most most consequential set of laws passed by its 40th parliament: a bill basic instruments of human rights. This indictment should not simply that radically changes our understanding of life, death and suffering; exist abstractly in keynote speeches or academic literature. a bill that legalises an individual choice to die, or voluntary assisted It should offend us daily, and it must inform any conversation suicide. or deliberation about an individual choice to end life in Western I have serious concerns about this bill and believe if passed into law Australia. it will be the source of confusion and potentially contain unintended First Australians live shorter lives. Their babies are likelier to die of consequences. Because of communication and medical protocols preventable diseases. They watch their friends, cousins and siblings that are not clear, and concerns over the principle “free prior and prematurely end their own lives. They have had their hearts broken informed consent”, Aboriginal people will yet again be at the mercy of too often when there is a “death in custody” because of mis-judgment, the professionals who are authorised to prescribe and administer the prejudice or ignorance as their culture faces power and authority. One lethal drugs if you indicate a willingness to end your misery in this life. simply cannot bear witness to this reality — where First Nations are These are no ordinary times and with the West Australian parliament overrepresented at every stage of our health and criminal justice at a crossroads I feel compelled as a senator for Western Australia systems — and put forward another avenue to death. As representatives to provide my perspective on this important issue — a First Nations and legislators, surely we must be focusing our attention on enacting perspective but coming from different foundations from those that laws that help prolong life and restore the right to enjoy a healthy life. may be based one way or another on Christocentric belief systems. It Our endeavours should be directed to enabling all citizens to access is important to note that, until recent times, First Nations affairs have the highest quality of healthcare. It’s about priorities, values and care. largely been the province of state jurisdictions. The 1967 referendum The duty of care we saddle those administering and prescribing this and resulting constitutional changes have not necessarily translated system with is an onerous one and morally cannot be conveniently to exclusive commonwealth government control of Aboriginal affairs. shoved off to government legal drafters. This is most evident in health policy, where the ideological The Northern Territory experience in the 1990s suggests the mere development of commonwealth-driven Aboriginal self-determination presence of this legislation may be a barrier to First Nations people has been in tension with state-controlled mainstream service receiving healthcare. Fears and suspicions of “white fella” medicine delivery. To put it simply, the right of First Nations people to manage will only increase, and the capacity to ascertain informed consent will their health, their way, has mainly been championed by federal be difficult. governments, not necessarily state governments. The evident lack of Supporters of this bill — most with good intentions and compassion for public commentary on Aboriginal self-determination surrounding this loved ones — build their case on an individualist rights agenda. Such bill concerns me because it fails to recognise Aboriginal ideas on civil a perspective emphasises the rights of an individual and ignores the society or other concerns with its quality. wider influence of such decisions on those around them — families, Aboriginal people’s unique conception of life and death, their holistic friends and communities. Individual choice is an important component understanding of health, and their fundamentally collectivist nature is of this but it should not be the only significant factor because other part of their concept of civil society. These are matters only gradually humans are going to be required to live with the consequences of being understood by health professionals in the field, or through their part in ending the life of another.