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Monday, 9 December 1996
Page: 8061


Ms WORTH(10.33 p.m.) —by leave—I move:

(1)   Schedule 1, item 1, proposed subsection 50A(2), add:

   ; and

   (c)   the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and

   (d)   the repealing of legal sanctions against attempted suicide.

(2)   Schedule 2, item 1, proposed subsection 23(1B), add:

   ; and

   (c)   the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and

   (d)   the repealing of legal sanctions against attempted suicide.

(3)   Schedule 3, item 2, proposed subsection 19(2A), add:

   ; and

   (c)   the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and

   (d)   the repealing of legal sanctions against attempted suicide.

I have been asked by the honourable member for Lalor (Mr Barry Jones) to move these amendments, which he foreshadowed in the second reading debate. The honourable member is unable to be here tonight. The amendments involve adding two further provisions to the enabling provisions set out in the bill. Currently, the bill provides in section 50A in relation to the Northern Territory that the Legislative Assembly does have power to make laws with respect to:

(a)    the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit the intentional killing of the patient; and

(b)    medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of the patient.

The amendments will add to this section the following:

(c)    the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and

(d)    the repealing of legal sanctions against attempted suicide.

Some argue that the territories already have the power to pass such laws. This provision ensures that they do and encourages them to do so.

The amendments would allow the appointment of an agent for the purpose of making medical decisions, but not so as to permit the intentional killing of the patient. Hence, the amendment encourages the territories to introduce modern refusal of treatment legislation such as the Victorian Medical Treatment Act and the South Australian Consent to Medical Treatment and Palliative Care Act. Repealing legal sanctions against attempted suicide is humane and only reasonable, as depression and difficulties lead to attempted suicide and any legal complications following that only add further to and compound the problem.