Victoria
Medical Treatment (Physician Assisted Dying)
Bill 2008
What follows are the parts of an
assisted suicide bill that pertain to legal
immunities and protection of freedom of
conscience. The Parliamentary Library has
prepared a
briefing paper on the bill. The bill was
defeated in the upper house of the Victorian
Parliament in September, 2008.
Note:
- The purposes of the Act set out in
Section 1 do not include the
protection of conscientious objectors.
- "Health care provider" refers only to
health care facilities or institutions, not
individuals.
- Freedom of conscience guaranteed in
Section 9 is limited to physicians and
health care facilities. There is no
protection for nurses, pharmacists or other
health care workers.
- Objecting physicians are required to
advise the patient that the service may be
obtained elsewhere, but are not required to
refer.
- The protection afforded by Section 10 is
not balanced. It applies to both objecting
and non-objecting physicians and health care
providers (institutions). However, since the
bill does not recognize freedom of
conscience for nurses, pharmacists or other
health care workers, they could be
disciplined for refusing to participate in
assisted suicide.
- There is no provision to protect persons
who object to assisted suicide for reasons
of conscience from discrimination in
education or employment.
7. Immunity of providing assistance or being
present
(1) A treating doctor who provides assistance in
accordance with this Act is immune from criminal,
civil and disciplinary liability and proceedings in
respect of that assistance. This does not relieve
the doctor from liability for negligence in
providing the assistance.
(2) A nurse, health care provider or agent who in
good faith follows the instructions of a treating
doctor is immune from criminal, civil and
disciplinary liability and proceedings in respect of
his or her actions. This does not relieve the nurse,
health care provider or agent from liability for
negligence in following the treating doctor's
instructions.
(3) A pharmacist who dispenses in good faith a
prescription issued by a treating doctor is immune
from criminal, civil and disciplinary liability and
proceedings in respect of that dispensing. This does
not relieve the pharmacist from liability for
negligence in dispensing the prescription.
(4) Any person who is present at or before the
time the sufferer ends his or her life, and who has
a reasonably held belief that the sufferer intends
to or has ended his or her life in accordance with
the provisions of this Act, is immune from criminal,
civil, and disciplinary liability in respect of that
presence.
8. Doctor's and nurse's immunity in relation to
information
A doctor, nurse, lawyer or other individual is
immune from criminal, civil or disciplinary
proceedings in relation to providing information or
advice to a sufferer, agent or sufferer's relatives
in good faith concerning this Act or what can be
done under it.
9. Duty when declining to provide assistance
(1) A doctor is not under any duty to provide
assistance under this Act. A doctor who, for
conscience, professional or other reasons, declines
to provide assistance must tell the sufferer that
other doctors may be willing to provide assistance.
A doctor who fails to do so is guilty of an offence.
Penalty: a fine not exceeding 5 Penalty Units.
(2) A health care provider is not under any duty,
whether by employment, contract, statute or other
legal requirement, to participate in the provision
of assistance to a sufferer under this Act. If a
health care provider is unable or unwilling to
permit assistance to be given in accordance with
this Act and the sufferer transfers his or her care
to another health care provider, the former
healthcare provider must, on request, transfer a
full copy of the patient's relevant medical records
to the new health care provider. Penalty: a fine not
exceeding 5 Penalty Units.
10. Duty to respect assistance or refusal to
provide assistance
(1) A professional organisation, association or
health care provider must not subject a person to
censure, discipline, suspension, loss of licence,
certificate or other authority to practise, loss of
privilege, loss of membership or other prejudicial
pressure or penalty for anything that, in good faith
and without negligence, was done or refused to be
done by the person and which may under this Act
lawfully be done or refused to be done. Penalty: a
fine not exceeding 50 Penalty Units for an
individual, or a fine not exceeding 500 Penalty
Units for an organisation, association or health
care provider.
(2) Subsection (1) does not apply to a health
care provider in respect of a person who knew or
reasonably ought to have known that the health care
provider did not allow in its facility or under any
arrangement with it, assistance which is provided
for in this Act.