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February 2021 MY LIFE MY CHOICE A newsletter produced for the dominant purpose of educating and raising awareness of the need for voluntary assisted dying law reform in Queensland — No.21 February 2021 MPs must get ready VAD Bill to spark constituent questions Queensland’s 93 state MPs need to be ready for concerned about any further delay in drafting a the arrival in coming months of a Bill to establish Bill. We recognise the need to get it right when South African court voluntary assisted dying in our state. drafting a VAD Bill, but terminally ill people are mulls faith issues not able to a hold on their suffering. The Queensland Law Reform Commission which Page 2 was tasked by the state government last year A VAD law is needed as soon as possible and we to draft a VAD Bill has now delivered a sincerely hope an additional delay does not progress report on its work. eventuate. Portuguese law waits What is unarguable is the fact It is satisfying to know that the QLRC that all of our 93 state MPs must on review ordered is taking a considered and careful soon be prepared for by president approach to a complex subject and when their constituents Page 2 is basing its work on solid evidence, begin to consider the principles, and values. implications of a VAD Bill and what is means for their own end- Tassie’s Liberal Its interim report also shows of-life choices. that the QLRC is examining Premier prioritises VAD laws already operating Once a VAD Bill is released publicly after it debate on is delivered to the government by the or planned in jurisdictions independent’s Bill elsewhere in Australia or QLRC, MPs will no doubt face requests for more information. Page 3 overseas while ensuring that any Queensland law works The My Life My Choice partner groups to meet our state’s unique stand willing and prepared to support any We all need to demands and challenges, MP wanting to arrange a public forum such as its vast and diverse where their constituents can discuss the stay friends physical characteristics. issue of voluntary assisted dying and how on Facebook it fits with other end-of-life options As the chair of the QLRC, including palliative care. Page 4 Supreme Court judge Justice Justice Peter Applegarth Peter Applegarth, notes in the interim report: Right now many MPs say they are not able to declare “The Commission’s task is to develop ‘the best Architect of NT and whether or not they support a VAD Bill because they legal framework for people who are suffering and have not yet seen its contents. ACT gag law goes dying to choose the manner and timing of their death in Queensland’. The legislation has to be Others are happy to declare their in-principle Page 4 suited to Queensland’s unique conditions. support, while a handful have already decided they will not vote for VAD regardless of the views of their “The Commission’s goal is to develop detailed constituents. Katter Party ignores legislation that is compassionate, safe and the wishes of its own practical,” Justice Applegarth says. No matter what position any MP takes at present, their constituents will soon be asking them questions constituents He also confirmed his aim to deliver a final report that they will need to answer. Page 5 together with a VAD Bill by the agreed deadline of 10 May, but qualified the commitment by not ruling out a possible request for an extension of David Muir Irish doctors’ group the reporting date. Chair backs VAD Bill VAD advocates would be disappointed and very The Clem Jones Page 5 Trust IT’S IT’S AND I WANT MY LIFE MY CHOICE MY LAW You can follow us on Facebook @mlmcaus and Twitter @mlmcaus South African court considers VAD and faith Atheists expand argument to ‘Christian values’ Two South Africans – a palliative care specialist and Religious argument....... patient both with terminal illnesses – are seeking a ruling The legal action by Dr Walter and Mr from the country’s High Court Harck has been joined by lawyer Bruce in favour of voluntary assisted Leech and Dr Paul Rowe who proclaim dying. themselves as atheists. Palliative care specialist Both Mr Leech and Mr Rowe argue Suzanne Walter and one of her that Christian values inherent in South patients Diethelm Harck are Africa’s legal system and public policy seeking a court ruling enabling should not be imposed on them. them to access assistance from a medical practitioner to end Mr Leech said: “Christian values are their lives when they decide to imposed directly and indirectly on do so. people who do not necessarily share Dr Walter, 47, was diagnosed in those values. I do not share these 2017 with multiple myeloma beliefs and neither does Dr Rowe.” and Mr Harck, 71, was The High Court in Johannesburg diagnosed in 2013 with motor neurone disease. They claim that when they face being struck off the roll of Both the SA government and the decide to end their lives they the Health Professionals Council HPCSA are opposing the They initiated their legal action may not be capable of ingesting of South Africa (HPCSA) for application. in 2017 and a High Court the necessary medication and unprofessional conduct. hearing was expected to start are seeking a ruling that would The SA High Court previously this week. allow a willing doctor to assist Both applicants say that the considered the issue in a 2015 current law and the policy of the case but its decision was Both have argued that they are them. HPCSA affect their right to deemed ineffective because the suffering “torturing symptoms” However, at present any such dignity, their choice of how they applicant died before the ruling from their terminal conditions. doctor who helped them would live, and how they choose to die. was handed down. Portug uese president defers new law Portugal’s legislators have voted to decision and would approve a voluntary assisted dying law respect any decision but the nation’s president has sought a by the parliament. judicial review to determine its KEY FACTS: constitutional validity. As head of state he retains the option of • Throughout its history Portugal has At a parliamentary session at the end of seeking a judicial been regarded as a Catholic nation, January, MPs voted by a margin of 136 to review of any new 78 to approve the law with four members law if he believes it • More than 80% of Portuguese abstaining. may contravene the people identify as Catholics, Portugal’s constitution. The leader of Portugal’s main centre-right • Practising other faiths was difficult opposition party voted in favour of the President Rebelo de Sousa has declared he until a new and more secular law, although most other members of his would ask the nation’s Constitutional Court to constitution took effect in 1974, assess the law. He cited several key parts of the party did not. • Portugal's parliament narrowly law as passed by the parliament and asked for rejected a move to legalise Portugal has a single legislative body, the rulings on their validity. euthanasia in 2018, Assembly of the Republic. The VAD Bill must be signed into law by the nation’s If finally approved, the new VAD law will be • The Catholic Church unsuccessfully elected head of state, President Marcelo able to be accessed by Portuguese citizens argued that a referendum on a VAD Rebelo de Sousa (pictured). aged 18 or more who are terminally ill and law should be held, experiencing "lasting" and "unbearable" President Rebelo de Sousa, a conservative suffering unless they are deemed not to be • The Catholic Church and many who was recently re-elected, has in the mentally fit to make such a decision. conservative politicians argued that past expressed his opposition to VAD. more effort should be put into In neighbouring Spain the nation’s lower house improving healthcare for the However, he has also said that he would of parliament passed a VAD law in December terminally ill instead of VAD. not all his personal views to affect his which is yet to be approved by its senate. Tassie Premier prioritises VAD Bill Tasmania’s House of Assembly will focus assembled by the University of on proposed voluntary assisted dying laws Tasmania. when it resumes sittings for 2021 early next month. The panel’s report did not make specific recommendations on Final debate on upper house MP Mike potential amendments to the Bill Gaffney’s End Of Life Choices (Voluntary or whether or not it should be Assisted Dying) Bill 2020 is due to start on passed into law. However, it said 2 March. the report was aimed at providing analysis and evidence to guide Liberal Party Premier Peter Gutwein has Parliament in considering the Bill. declared the Bill will be the first order of business for 2021. The Premier has It nominated several specific previously stated that he will be supporting issues which required further the Bill and has also nominated Health consideration “to ensure that Minister Sarah Courtney to take carriage of any Tasmanian VAD regime the Bill in the final lower house debate. struck an appropriate balance Tasmania’s Parliament House was recently lit up in purple as and did not lead to unintended part of a public candlelight vigil to support VAD laws However, Ms Courtney will perform the consequences”. The expert panel task as Member for Bass not as Minister said that the safeguards built into the Bill ensure that any VAD Bill passed was the best for Health.
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