{{use Australian English, date=December 2017 {{Use dmy dates, date=August 2017 {{Infobox legislation , short_title = Voluntary Assisted Dying , legislature =

Parliament of Victoria The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembl ...

, image = , imagesize = , imagealt = , caption = , long_title = Voluntary Assisted Dying Act 2017 , citation = 61/2017 , enacted_by =

, date_enacted = , date_passed = 29 November 2017 , enacted_by2 = , date_enacted2 = , date_passed2 = , date_assented = , royal_assent = 5 December 2017{{R, "RA" , date_commenced = 19 June 2019 , bill = Voluntary Assisted Dying Bill 2017 {{R, "Bill" , bill_citation = , bill_date = , introduced_by = Hon. Jill Hennessy MP , 1st_reading = 20 September 2017 , 2nd_reading = 18 October 2017 , 3rd_reading = 20 October 2017 , committee_report = , bill2 = , bill_citation2 = , bill_date2 = , introduced_by2 = Hon. Gavin Jennings MLC , 1st_reading2 = 20 October 2017 , 2nd_reading2 = 3 November 2017 , 3rd_reading2 = 22 November 2017 , committee_report2 = , white_paper = , amendments = Legislative Council{{R, "Amend" , repeals = , related_legislation = , summary = To provide for and regulate access to voluntary assisted dying , keywords =

Euthanasia Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different eutha ...

Right to die The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of this right is often understood that a person with a terminal illness, incurable pain, or without t ...

, status = Current On 29 November 2017, Victoria became the first

Australian state The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing po ...

to pass legislation allowing

assisted suicide Assisted suicide is suicide undertaken with the aid of another person. The term usually refers to physician-assisted suicide (PAS), which is suicide that is assisted by a physician or other healthcare provider. Once it is determined that the p ...

. The law gives anyone suffering a terminal illness, with less than six months to live, the right to end their life. The law had an 18-month implementation period, and came into effect on 19 June 2019.

The Bill

On 20 September 2017, the Voluntary Assisted Dying Bill 2017 was introduced into the Legislative Assembly of the

Victorian Parliament The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly a ...

by the

Andrews Andrews may refer to: Places Australia *Andrews, Queensland *Andrews, South Australia United States * Andrews, Florida (disambiguation), various places *Andrews, Indiana * Andrews, Nebraska *Andrews, North Carolina * Andrews, Oregon *Andrews, Sou ...

Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...

Government. The bill is modelled on the recommendations of an expert panel chaired by former

Australian Medical Association The Australian Medical Association (AMA) is an Australian public company by guarantee formed as a professional association for Australian doctors and medical students. The association is not run by the Australian Government and does not reg ...

president Professor Brian Owler. The proposed legislation was said by proponents to be the most conservative in the world; it contains 68 safeguards including measures designed to protect vulnerable people from coercion and abuse, as well as a Review Board to promote compliance.{{R, abc1909, Austlii1

and

Coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...

MPs were allowed a

conscience vote A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamenta ...

on the Bill.{{R, "Premier2009", "HS2009" The bill was debated in the lower house over three sitting days, passing the assembly without amendment on 20 October 2017 after an emotional and tense debate{{R, "HStext" which lasted more than 24 hours.{{R, "Age2010" The bill was passed by 47 votes to 37.{{R, "abc2010" The bill moved to the Legislative Council for debate. Former

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...

Paul Keating Paul John Keating (born 18 January 1944) is an Australian former politician and unionist who served as the 24th prime minister of Australia from 1991 to 1996, holding office as the leader of the Australian Labor Party The Australian Lab ...

spoke out against the passing of the bill to the upper house saying "the passage of the Voluntary Assisted Dying Bill through the Victorian lower house is truly a sad moment for the whole country."{{R, "smh2010" The

at the time,

Malcolm Turnbull Malcolm Bligh Turnbull (born 24 October 1954) is an Australian former politician and businessman who served as the 29th prime minister of Australia from 2015 to 2018. He held office as leader of the Liberal Party of Australia. Turnbull grad ...

, who is also against euthanasia, said:

It is the Victorian parliament's job to do this, I'm not a supporter of euthanasia but I have been following the debate and it would be very interesting to see if their upper house passes it and what follows on from it. ... Federal law prevails over a state law but only in an area that both the Commonwealth and the state parliament have jurisdiction, so you've got to begin with an area where the federal parliament has jurisdiction.{{R, "TheAus2010"

On 14 November 2017, the government agreed to a series of amendments designed to garner further support for the bill in the council. For terminally ill adults in severe pain and with only 12 months to live, the deadline to access lethal drugs was cut to six months, except for sufferers of neurodegenerative conditions such as

motor neurone disease Amyotrophic lateral sclerosis (ALS), also known as motor neuron disease (MND) or Lou Gehrig's disease, is a neurodegenerative disease that results in the progressive loss of motor neurons that control voluntary muscles. ALS is the most comm ...

and

multiple sclerosis Multiple (cerebral) sclerosis (MS), also known as encephalomyelitis disseminata or disseminated sclerosis, is the most common demyelinating disease, in which the insulating covers of nerve cells in the brain and spinal cord are damaged. Thi ...

. Additionally, an amendment restricting this scheme to people who have lived in Victoria for 12 months was accepted, as was a requirement for a death to be documented as assisted dying, in addition to noting the underlying disease. Funding for

palliative care Palliative care (derived from the Latin root , or 'to cloak') is an interdisciplinary medical caregiving approach aimed at optimizing quality of life and mitigating suffering among people with serious, complex, and often Terminal illness, termi ...

in regional areas was also increased as part of the agreement.{{R, "abc1411" On 22 November 2017, the bill in its amended form passed the council by 22 votes to 18, after a marathon sitting lasting more than 28 hours.{{R, "CouncilPass" The bill returned to the Legislative Assembly for consideration of the council's amendments. The Assembly approved of the council's amendments on 29 November 2017. In passing the legislation, Victoria became the first state to legalise assisted suicide. The law received

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

on 5 December 2017, and came into effect on 19 June 2019.{{R, "Worko", "Act" The 18-month period allowed for implementation of the scheme including establishment of a review board.

Reactions

Kathy Eagar, the executive director of the Australian Palliative Care Outcomes Collaboration, and director of the Australian Health Services Research Institute at the University of Wollongong, has analysed the statistics surrounding euthanasia internationally, and says the law is limited. According to Eagar, the most important reason people choose euthanasia is that they don't want to lose their independence and autonomy. She believes euthanasia is a social issue and not a health issue, and maintains that less than one in five people choose euthanasia due to pain.{{R, "abcEagar" {{Blockquote, text=They've been very careful and very cautious in the approach, but a lot of the people who've been very strong advocates for euthanasia are not people with a life expectancy of less than 12 months. They are people living with debilitating conditions for many, many years and they won't be eligible for voluntary assisted dying under the legislation... "The conversation about, 'I am doing this because I want to make existential choices about the end of my life', that's a much harder conversation to have as a community, but it is the one we need."{{R, "abcEagar", source= Kathy Eagar Lorraine Baker, the Victorian President of the

, said that the passing of the legislation marked a ''"significant shift"'' in medical practice in Victoria, but the conscientious objection provisions contained in the legislation would ensure that doctors would not be forced into taking part in voluntary assisted dying.{{R, "AgeReact" {{Blockquote, text=The outcome of this parliamentary vote will cause anguish for some members of our profession, as well as the public...(doctors should not be involved in) interventions that have as their primary intention the ending of a person's life, author=Lorraine Baker, source=''The Age'' newspaper 22 November 2017 Euthanasia advocate Philip Nitschke called the law "beg and grovel legislation" because people will only be able to access it as a privilege granted ''in extremis'' rather than as a right to be accessed at a time nominated by the patient.{{cite news , last1=Manch , first1=Thomas , title=Euthanasia pioneer warns of 'beg and grovel' legislation , url=https://www.stuff.co.nz/dominion-post/108441737/Euthanasia-pioneer-warns-of-beg-and-grovel-legislation , access-date=9 November 2018 , publisher=Stuff.nz.co , date=8 Nov 2018

First use

Kerry Robertson was the first person to be granted a permit under the Voluntary Assisted Dying Act. Robertson was diagnosed with breast cancer in 2010 and was declared cancer free after surgery, chemotherapy and radiation treatment. Four years later she developed a tumour in her in bones, that spread to her lungs and brain. When the cancer spread to her liver Robertson ceased treatment. Her palliative care team was unable to ease the pain. Robertson applied for the permit on the first day the act came into force, 19 June 2019, citing "loss of joy" as her reason. Robertson ended her life on 15 July 2019 at the age of 61 with her two daughters, and best friend by her side.{{R, First

References

{{reflist, 30em, refs= {{cite web, url=http://www.abc.net.au/news/2017-09-19/victoria-to-introduce-euthanasia-bill-on-wednesday/8961572, title=Victoria's assisted dying bill to hit Parliament, to be voted on by end of year, date=19 September 2017, last=Edwards, first=Jean, website=abc.net.au, access-date=20 September 2017, url-status=live, archive-url=https://web.archive.org/web/20170920103037/http://www.abc.net.au/news/2017-09-19/victoria-to-introduce-euthanasia-bill-on-wednesday/8961572, archive-date=20 September 2017 {{cite web, url=http://www.premier.vic.gov.au/historic-voluntary-assisted-dying-bill-now-in-parliament/, title=Premier's Department Historic Voluntary Assisted Dying Bill Now In Parliament, date=20 September 2017, website=premier.vic.gov.au, access-date=20 September 2017, url-status=live, archive-url=https://web.archive.org/web/20170920103351/http://www.premier.vic.gov.au/historic-voluntary-assisted-dying-bill-now-in-parliament/, archive-date=20 September 2017 {{cite web, url=http://www.heraldsun.com.au/news/victoria/assisted-dying-bill-before-parliament-includes-safeguards-to-prevent-encouraging-euthanasia/news-story/789c9d396306ae0b8b010dbf947917f2, title=Assisted dying Bill before parliament includes safeguards to prevent encouraging euthanasia, last1=Johnston, first1=Matt, last2=Hore, first2=Monique, website=heraldsun.com.au, date=20 September 2017, access-date=20 September 2017 {{cite web, url=http://www.heraldsun.com.au/news/victoria/text-message-to-wrong-person-reveals-euthanasia-law-tensions/news-story/45e2a3ab361be9ea46e112ec8d555a33, title=Voluntary euthanasia laws pass lower house in marathon session, date=20 October 2017, last1=Johnsoton, first1=Matt, last2=Alison, first2=Genevieve, website=heraldsun.com.au, access-date=20 October 2017 {{cite web, url=http://www.theage.com.au/victoria/historic-euthanasia-laws-pass-victorias-lower-house-after-marathon-sitting-20171019-gz4q3u.html, title=Historic euthanasia laws pass Victoria's lower house after marathon sitting, work=The Age, date=20 October 2017, access-date=20 October 2017 {{cite web, url=http://abc.net.au/news/2017-10-20/voluntary-assisted-dying-bill-vote-in-victorian-parliament/9066506, title=Euthanasia: Voluntary Assisted Dying Bill passes Victoria's Lower House after 26-hour debate, date=20 October 2017, access-date=20 October 2017, work=ABC News {{cite web, url=http://www.abc.net.au/news/2017-11-14/euthanasia-laws-likely-to-pass-in-victoria/9148928, title=Euthanasia: Victoria's Voluntary Assisted Dying Bill likely to pass with amendments, work=ABC News, date=14 November 2017 {{cite web, url=http://abc.net.au/news/2017-11-22/euthanasia-victorian-parliament-passes-assisted-dying-laws/9156016?pfmredir=sm, date=22 November 2017, title=Voluntary assisted dying bill passes Victoria's Upper House, state set to make history, work=ABC News {{cite web, url=http://www.abc.net.au/news/2017-11-29/euthanasia-passes-parliament-in-victoria/9205472, title=Euthanasia: Victoria becomes the first Australian state to legalise voluntary assisted dying, work=ABC News, date=29 November 2017 {{cite web, url=http://www.smh.com.au/federal-politics/political-news/victoria-has-just-voted-to-remove-its-most-basic-human-right-paul-keating-20171020-gz4y1h.html, title=Victoria has just voted to remove its most basic human right: Paul Keating, date=20 October 2017, last=Kenny, first=Mark, website=smh.com.au, access-date=20 October 2017, url-status=live, archive-url=https://web.archive.org/web/20171020064017/http://www.smh.com.au/federal-politics/political-news/victoria-has-just-voted-to-remove-its-most-basic-human-right-paul-keating-20171020-gz4y1h.html, archive-date=20 October 2017 {{cite web, url=http://www.theaustralian.com.au/national-affairs/state-politics/euthanasia-bill-passes-victorian-parliament/news-story/ec70c5edbdb24c721aa82889d7540456, title=Euthanasia bill passes Victorian parliament, date=20 October 2017, last1=Hutchinson, first1=Samantha, last2=Brown, first2=Greg, website=theaustralian.com.au, access-date=20 October 2017 {{cite web, url=http://www.abc.net.au/news/2017-12-02/euthanasia-is-not-just-about-unbearable-pain/9214008, title=Euthanasia: It's not just about unbearable pain, it's about self determination, expert says, last=Jackson, first=Elizabeth, website=abc.net.au, date=2 December 2017, access-date=2 December 2017, url-status=live, archive-url=https://web.archive.org/web/20171202023801/http://www.abc.net.au/news/2017-12-02/euthanasia-is-not-just-about-unbearable-pain/9214008, archive-date=2 December 2017 {{cite web, url=http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/D162E1F2FCC3F7C3CA2581A1007A8903/$FILE/LC%20Amendment%20Schedule%20-%20Voluntary%20Assisted%20Dying%20Bill%202017%20.pdf, title=VOLUNTARY ASSISTED DYING BILL 2017 (Amendments made by the Legislative Council), website=legislation.vic.gov.au, date=22 November 2017, access-date=2 December 2017, url-status=live, archive-url=https://archive.today/20171202041005/http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/D162E1F2FCC3F7C3CA2581A1007A8903/$FILE/LC%20Amendment%20Schedule%20-%20Voluntary%20Assisted%20Dying%20Bill%202017%20.pdf, archive-date=2 December 2017, df=dmy-all {{cite web, url=http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/D162E1F2FCC3F7C3CA2581A1007A8903/$FILE/581392bi1.pdf, title=Voluntary Assisted Dying Bill 2017, website=legislation.vic.gov.au, access-date=2 December 2017, url-status=live, archive-url=https://archive.today/20171202042607/http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/d162e1f2fcc3f7c3ca2581a1007a8903!OpenDocument, archive-date=2 December 2017, df=dmy-all {{cite web, url=http://www.theage.com.au/victoria/historic-euthanasia-laws-pass-victorian-upper-house-20171121-gzqc8n.html, title=Historic euthanasia laws pass Victorian upper house, last=Preiss, first=Benjamin, date=22 November 2017, website=theage.com.au, access-date=6 December 2017, url-status=live, archive-url=https://web.archive.org/web/20171205224121/http://www.theage.com.au/victoria/historic-euthanasia-laws-pass-victorian-upper-house-20171121-gzqc8n.html, archive-date=5 December 2017 {{cite web, url=http://www.abc.net.au/news/2017-11-10/fact-check-do-assisted-dying-laws-lead-to-a-slippery-slope/9116640, title=Fact check: Has assisted dying been a legal slippery slope overseas?, date=21 November 2017, website=abc.net.au, access-date=6 December 2017, url-status=live, archive-url=https://web.archive.org/web/20171206000119/http://www.abc.net.au/news/2017-11-10/fact-check-do-assisted-dying-laws-lead-to-a-slippery-slope/9116640, archive-date=6 December 2017 {{cite web, url=http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/d162e1f2fcc3f7c3ca2581a1007a8903!OpenDocument, title=Voluntary Assisted Dying Bill 2017, website=legislation.vic.gov.au, access-date=8 January 2017, url-status=live, archive-url=https://web.archive.org/web/20180108102218/http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/PubPDocs.nsf/ee665e366dcb6cb0ca256da400837f6b/d162e1f2fcc3f7c3ca2581a1007a8903!OpenDocument, archive-date=8 January 2018 {{cite web, url=http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/B320E209775D253CCA2581ED00114C60/$FILE/17-061aa%20authorised.pdf, title=Voluntary Assisted Dying Act 2017, website=legislation.vic.gov.au, date=5 December 2017, access-date=8 June 2018, url-status=live, archive-url=https://web.archive.org/web/20180608103259/http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/f932b66241ecf1b7ca256e92000e23be/B320E209775D253CCA2581ED00114C60/$FILE/17-061aa%20authorised.pdf, archive-date=8 June 2018 {{Cite web, url=http://www5.austlii.edu.au/au/legis/vic/num_act/vada201761o2017348/s93.html, title=Voluntary Assisted dying Act 61/2017, Section 93 {{cite web, url=https://www.theage.com.au/national/victoria/she-left-with-courage-and-grace-daughters-farewell-victoria-s-first-person-to-access-assisted-dying-20190802-p52d97.html, title=She left with courage and grace': Daughters farewell Victoria's first person to access assisted dying, last=Cunningham, first=Melissa, website=theage.com.au, date=4 August 2019, access-date=4 August 2019, url-status=live, archive-url=https://web.archive.org/web/20190804103924/https://www.theage.com.au/national/victoria/she-left-with-courage-and-grace-daughters-farewell-victoria-s-first-person-to-access-assisted-dying-20190802-p52d97.html?js-chunk-not-found-refresh=true, archive-date=4 August 2019

The Bill

Reactions

First use

See also

References

Further reading