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Euthanasia Laws Bill 1996

Order of the day read for the adjourned debate on the motion of Senator

Herron-That this bill be now read a second time-and on the amendment

moved by Senator Brown:

Omit all words after "That", substitute "the bill be withdrawn until

such time as a referendum has been held on the issue of whether the

Australian people support the option of voluntary euthanasia as

provided by the Northern Territory Rights of the Terminally Ill Act

1995".

Debate resumed.

Question-That the amendment be agreed to-put.

The Senate divided-

AYES, 15

Senators- Allison Bourne (Teller) Brown Carr Childs Faulkner Gibbs Kernot Lees Lundy Mackay McKiernan Murray Reynolds Stott Despoja

NOES, 56

Senators- Abetz Alston Bishop Bolkus Boswell Brownhill Calvert (Teller) Campbell Chapman Collins, Bob Collins, Jacinta Colston Conroy Cook Coonan Cooney Crowley Eggleston Ellison Evans Ferguson Ferris Foreman Forshaw Gibson Harradine Heffernan Herron Hill Hogg Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon Margetts McGauran Minchin Neal Newman O'Brien O'Chee Parer Patterson Ray Reid Schacht Sherry Short Tambling Tierney Troeth Vanstone Watson West Woodley

Question negatived.

Senator Bob Collins moved the following amendment:

Omit all words after "That", substitute "the Senate:

(a) is of the opinion that, because of the discriminatory nature of the

provisions of the Euthanasia Laws Bill 1996, it should not

proceed to consider the measure further; and

(b) calls on the Attorney-General and Minister for Justice (Mr Williams)

to have an alternative bill prepared and presented to the

Senate in a form which does not discriminate against the people

of any part of Australia and which would enable senators to

vote according to their views on the issue of euthanasia on the

basis of a possible uniform, national approach to the issue".

Question-That the amendment be agreed to-put.

The Senate divided-

AYES, 23

Senators- Allison Bolkus Bourne Brown Carr Collins, Bob Evans (Teller) Kernot Knowles Lees Lundy Macdonald, Ian MacGibbon McKiernan Murphy Murray Newman O'Brien Reid Reynolds Stott Despoja Tambling Vanstone

NOES, 50

Senators- Abetz Alston Bishop Boswell Brownhill Calvert (Teller) Campbell Chapman Childs Collins, Jacinta Colston Conroy Cook Coonan Cooney Crowley Denman Eggleston Ellison Faulkner Ferguson Ferris Foreman Forshaw Gibbs Gibson Harradine Heffernan Herron Hill Hogg Kemp Macdonald, Sandy Mackay Margetts McGauran Minchin Neal O'Chee Parer Patterson Ray Schacht Sherry Short Tierney Troeth Watson West Woodley

Question negatived.

Senator Margetts moved the following amendment:

At the end of the motion, add:

"but the Senate calls on the Government to provide adequate funding

for:

(a) the development and implementation of national guidelines and

standards in relation to palliative care;

(b) increased levels of training for health care professionals in all

aspects of palliative care;

(c) an integrated approach to palliative care, including:

(i) co-ordination of care delivery, with the support of volunteers, whether

in the home or in institutions, for maximum

effectiveness, and

(ii) provision of respite care as an essential component; and

(d) improved and expanded research into palliative care, especially pain

control and symptom relief".

Question-That the amendment be agreed to-put and passed.

Main question, as amended, put.

The Senate divided-

AYES, 38

Senators- Abetz Alston Bishop Boswell Brownhill Calvert (Teller) Campbell Chapman Collins, Jacinta Colston Conroy Coonan Cooney Eggleston Ellison Ferguson Ferris Forshaw Gibson Harradine Heffernan Herron Hogg Kemp Macdonald, Sandy McGauran Minchin Neal O'Chee Parer Patterson Sherry Short Tierney Troeth Watson West Woodley

NOES, 34

Senators- Allison Bolkus Bourne Brown Carr Childs Collins, Bob Cook Crowley Denman Evans (Teller) Faulkner Foreman Gibbs Hill Kernot Knowles Lees Lundy Macdonald, Ian Mackay Margetts McKiernan Murphy Murray Newman O'Brien Ray Reid Reynolds Schacht Stott Despoja Tambling Vanstone

Question agreed to.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill, taken as a whole by leave, debated.

Senator Brown moved the following amendments together by leave:

No. 1-Schedule 1, item 2, page 2, after "doubt,", insert "but subject

to item 3,".

No. 2-Schedule 1, page 2, at the end of the Schedule, add:

3 TRANSITIONAL

In spite of anything in this Act, the provisions of the Rights

of the Terminally Ill Act 1995 continue to apply in respect of a

patient who has signed, or on whose behalf a person acting in

accordance with section 9 of that Act has signed, the

certificate of request pursuant to paragraph 7(1)(i) of that Act

on or before the date of commencement of this Act. This Act

does not affect the lawfulness or validity of anything done in

accordance with the Rights of the Terminally Ill Act 1995 after

the commencement of this Act in respect of such a patient.

Debate ensued.

Senator Bob Collins moved the following amendment to Senator Brown's

proposed amendment no. 2:

Omit "the date of commencement of this Act", substitute "23 March

1997".

Debate ensued.

Question-That Senator Bob Collins' amendment to Senator Brown's proposed

amendment no. 2 be agreed to-put.

The committee divided-

AYES, 33

Senators- Allison Bolkus Bourne Brown Carr Childs Collins, Bob Cook Crowley Evans (Teller) Faulkner Foreman Gibbs Kernot Knowles Lees Lundy Macdonald, Ian Mackay Margetts McKiernan Murphy Murray Newman O'Brien Ray Reid Reynolds Schacht Stott Despoja Tambling Vanstone Watson

NOES, 38

Senators- Abetz Alston Bishop Boswell Brownhill Calvert Campbell Chapman Collins, Jacinta Colston Conroy Coonan Cooney Eggleston Ellison Ferguson Ferris Forshaw Gibson Harradine Heffernan (Teller) Herron Hill Hogg Kemp Macdonald, Sandy McGauran Minchin Neal O'Chee Parer Patterson Sherry Short Tierney Troeth West Woodley

Question negatived.

Question-That the amendments be agreed to-put.

The committee divided-

AYES, 33

Senators- Allison Bolkus Bourne Brown Carr Childs Collins, Bob Cook Crowley Evans (Teller) Faulkner Foreman Gibbs Kernot Knowles Lees Lundy Macdonald, Ian Mackay Margetts McKiernan Murphy Murray Newman O'Brien Ray Reid Reynolds Schacht Stott Despoja Tambling Vanstone Watson

NOES, 38

Senators- Abetz Alston Bishop Boswell Brownhill Calvert Campbell Chapman Collins, Jacinta Colston Conroy Coonan Cooney Eggleston Ellison Ferguson Ferris Forshaw Gibson Harradine Heffernan (Teller) Herron Hill Hogg Kemp Macdonald, Sandy McGauran Minchin Neal O'Chee Parer Patterson Sherry Short Tierney Troeth West Woodley

Question negatived.

Senator Brown moved the following amendment:

Page 1, after clause 2, insert:

2A CESSATION OF OPERATION OF ACT

This Act, unless sooner repealed, ceases to be in force at the end

of 2 years after the date of commencement.

Question-That the amendment be agreed to-put and negatived.

Bill further debated.

The committee continued to sit till 12 midnight.

TUESDAY, 25 MARCH 1997 AM

Bill further debated and agreed to.

Question-That the bill be reported without amendment-put.

The committee divided-

AYES, 38

Senators- Abetz Alston Bishop Boswell Brownhill Calvert (Teller) Campbell Chapman Collins, Jacinta Colston Conroy Coonan Cooney Eggleston Ellison Ferguson Ferris Forshaw Gibson Harradine Heffernan Herron Hogg Kemp Macdonald, Sandy McGauran Minchin Neal O'Chee Parer Patterson Sherry Short Tierney Troeth Watson West Woodley

NOES, 33

Senators- Allison Bolkus Bourne Brown Carr Childs Collins, Bob Cook Crowley Denman Evans (Teller) Faulkner Gibbs Hill Kernot Knowles Lees Lundy Macdonald, Ian Mackay Margetts McKiernan Murphy Murray Newman O'Brien Ray Reid Reynolds Schacht Stott Despoja Tambling Vanstone

Question agreed to.

The President resumed the chair and the Chairman of Committees (Senator

Colston) reported accordingly.

On the motion of Senator Herron the report from the committee was

adopted.

Senator Herron moved-That this bill be now read a third time.

Senator Brown moved the following amendment:

Omit "now", substitute "this day six months".

Debate ensued.

Question-That the amendment be agreed to-put and negatived.

Debate continued on the question for the third reading of the bill.

Question put.

The Senate divided-

AYES, 38

Senators- Abetz Alston Bishop Boswell Brownhill Calvert (Teller) Campbell Chapman Collins, Jacinta Colston Conroy Coonan Cooney Eggleston Ellison Ferguson Ferris Forshaw Gibson Harradine Heffernan Herron Hogg Kemp Macdonald, Sandy McGauran Minchin Neal O'Chee Parer Patterson Sherry Short Tierney Troeth Watson West Woodley

NOES, 33

Senators- Allison Bolkus Bourne Brown Carr Childs Collins, Bob Cook Crowley Denman Evans (Teller) Faulkner Gibbs Hill Kernot Knowles Lees Lundy Macdonald, Ian Mackay Margetts McKiernan Murphy Murray Newman O'Brien Ray Reid Reynolds Schacht Stott Despoja Tambling Vanstone

Question agreed to.

Bill read a third time.