Their Northern Territory passed a law on 1995-MAY-25 which was
assented to on 1995-JUN-16. 1 It permitted active euthanasia,
under careful controls, when certain prerequisites are met.
The Northern Territory
consists of about 1/6 the land mass of Australia but only has a population of about
168,000 people. The law started as a private member's bill Rights of the Terminally Ill
Bill 1995, sponsored by Marshall Perron. It was opposed by the Australian Medical
Association and a variety of right-to-life groups. A "conscience vote" was
allowed in which members were free to vote independently of party discipline. The original
name was preserved. The law is called the Rights of the Terminally Ill Act. It went
into effect on 1996-JUL-1. Similar bills were introduced in other Australian states.
A
survey conducted by Newspoll in 1995-JUL found 81% of Australian adults supported
physician assisted suicide. This is an increase over an earlier result of 79% in 1994-JUL. A
poll by the Roy Morgan Research Centre in 1995-JUN showed similar results: 78% in
favor. This is an increase from 66% in 1986. A separate poll showed that 60% of doctors
and 78% of nurses in Victoria favored voluntary euthanasia. An additional poll was taken
among 6500 Christian congregations, representing 19 denominations. They found that 40%
agreed with assisted suicide for terminally ill persons; 30% opposed; 30% uncertain. Among
older church attendees, support was higher (reaching 50% among those 60 and older).
1996-OCT: Opposition by an Anglican Archbishop:
Bob Dent, 66, was the first person to take advantage of the new law. He had moved to
the Northern Territory as a Church of England (Episcopal, Anglican) missionary. He became
disillusioned with politics within the church and left his calling to become a building
estimator. He had been diagnosed with cancer in 1991, and converted to Buddhism shortly
afterwards. He wrote a letter saying: "If you disagree with voluntary euthanasia,
then don't use it, but please do not deny the right to me." He said that no
religious group should "demand that I behave according to their rules and endure
unnecessary intractable pain until some doctor in his omniscience decides that I have had
enough and increases the morphine until I die." In the presence of his wife and
doctor, he initiated the process that gave him a lethal drug injection.
The Most Reverend Harry Goodhew, Anglican Archbishop of Sidney denounced the case on
1996-OCT-7; he said:
"The moral shape of our nation is under threat with the first
legally sanctioned euthanasia death in the Northern Territory, and so is the relationship
between doctors and their patients. It has now been shown to us what this means [sic]
doctors are no longer those who save lives. Under the Northern Territory law they are also
those who kill...We must feel the deep grief of the wife of the one who died, and also
understand the human pain which brought about this ending of a man's life. But these facts
cannot be allowed to persuade us that this action was right. It is morally wrong. I cannot
approve it from any point of view." 2
1997-JAN: Second person commits suicide:
A second terminally ill person obtained physician assistance in dying on 1997-JAN-7.
She was Janet Mills, age 52, who suffered from a rare form of skin cancer that causes the
skin to disintegrate. The Anglican Dean of Sydney, Boak Jobbins, said the latest
death was another day of shame for Australia. He said:
"Quite clearly we are a nation that has come to the end of its
resources...We no longer have anything to offer the terminally ill, the aged or
the disabled but a quick exit at the end of a needle.
"I feel deeply for the family and friends of the one who died. I understand
the pain and suffering of watching someone you love succumb to a terminal
illness. But that is the reality of life that Euthanasia seeks to hide from us.
We die. We lose the ones we love. We need to find positive and affirming ways of
coping with this."
"As tragic as individual circumstances are they cannot be isolated from the
wider consequences. Once you start tampering with the historic protection
surrounding human life you endanger those whose lives are most vulnerable. You
can no longer say unequivocally that all human life is precious. You can no
longer protect the vulnerable from the whims, greed and bigotry of others."
"We must sympathize with those who face death or bereavement. But we cannot
stop there. We must also look further to those who stand in the shadow of this
legislation; whose care and protection is jeopardized by legalized killing."
"I urge the Northern Territory Government to take seriously its alleged
concerned for the sick, to repeal the euthanasia legislation and establish
proper palliative care for the terminally ill. Until it does so its so-called
concern for the dying will be seen for the cynical exercise it truly is."
3
1997-MAR: State law disallowed:
The Australian Senate narrowly voted to disallow the Northern Province's law. The vote
was 38 to 33. This passed the prohibition bill into law, since it had already been approved by the
lower house. This action is directly opposed to public opinion. In addition to the polling
results cited above, a nation-wide poll of nurses showed that 70% were in favor.
Only four people were able to use the Northern Province's
law before it was disallowed.
Sponsored link:
Activity following dissolution of the law:
Since 1997, other Australian states have tried to
change the law, without success. 4
The first machine built to legally kill patients, was developed by Dr.
Philip Nitschke in the Northern Territory. It was scheduled to be displayed
in the London Museum of Sciences, London, England starting 2000-JUL. It
involved a computer that asked the patient three times whether he/she really
wanted to die. If the patient agreed each time, then 100 ml of liquid
Nembutal was pumped through a fine needle into the patient's arm. She/he
fell asleep and died within five minutes. 5
Alex Maxwell was found guilty of helping his terminally
ill wife to commit suicide. The judge said that he was motivated by compassion,
love and humanity. He was given an 18 month suspended sentence.
2009-JUN: Tasmanian bill introduced; the battle of the Nicks:
Tasmania is an island state of Australia that lies about 150 miles (240
km) to the south of the main continent of Australia. Its population is about
a half million.
Nick McKim, a member of parliament in the Tasmanian legislature who represent
"The Greens -- the worlds first green party" tabled a bill that would legalize
physician assisted suicide. His bill:
"... seeks to confirm the right of those suffering from a terminal illness
and experiencing intolerable pain to request assistance from a medically
qualified person to end voluntarily their lives in a humane and dignified
manner." 6
The bill contains safeguards including psychiatric evaluations to weed out
persons who seek suicide because of depression. It would only make PAS available
to residents of the state.
A poll by Enterprise Marketing and Research Services (EMRS) estimates
that 78% of adults in Tasmania support physician assisted suicide.
Opponents of the bill are calling for pause on the part of the Tasmanian
government. Nick Overton, director of the Australian Christian Lobby
suggested that the bill would put the elderly at risk and corrupt the medical
profession. He said:
?No society has the right to create an expectation that you should
terminate your life if you would otherwise be an inconvenience to society.?
Overton is supported by the group Right to Life Australia.
Spokesperson Marcel White said:
"Right for Life Australia is worried that this Trojan horse
legislation will lead other states to go down the same path of legitimizing
ending patients lives by unnatural means and we don't want any states in
Australia to accept this." 6
2009-AUG: Person gets court permission to starve to death:
Christian Rossiter is a quadriplegic who has lived at the Brightwater Care
Group nursing facility in Perth since 2008-NOV. Once physically active, he
can only move his feet somewhat and wiggle one finger. He receives nourishment
through a stomach tube. The facility applied to the Supreme Court of Western
Australia to confirm his right to refuse food and water and be allowed to
die, without the facility being held liable. Assisting a person to commit
suicide in Australia can result in a life sentence in prison.
During a recent interview on TV he said: "I can't move. I can't even wipe the
tears from my eyes. And I'd like to die. I'm imprisoned in my own body. I have
no fear of death. Just [fear of] pain."
Dr. Philip Nitschke, founder and director of Exit International, a
voluntary euthanasia and end-of-life advocacy group, said: "I don't know that
many people will want to die this way. But for people who do, it's a very
important decision. ... "This is the first time that it's come up with a person
that's rational and lucid. This is unusual. It's very rare."
Chief Justice Wayne Martin wrote in his ruling:
"Mr. Rossiter is not a child, nor is he terminally ill, nor dying. He is
not in a vegetative state, nor does he lack the capacity to communicate his
wishes. There is therefore no question of other persons making decisions on
his behalf. Rather, this is a case in which a person with full mental capacity
and the ability to communicate his wishes has indicated that he wishes to
direct those who have assumed responsibility for his care to discontinue the
provision of treatment which maintains his existence."
Two conservative groups expressed their belief that Rossiter should be forced
to live in pain and anxiety and not be allowed to die:
John Barich of the Australian Family Association said: "Really,
what we should be doing is looking after each other rather than facilitating
an escape."
Peter O'Meara, president of Western Australia's Right to Life
Association, said, "The law which is being applied can be a dangerous
precedent."
CNN reports:
"While hailing the victory, Nitschke decried the fact that Rossiter will
have to undergo a slow and painful death through starvation, rather than
having a quicker and painless way to end his life. Because he cannot use his
hands, Rossiter must rely on others to withhold treatment rather than being
able to take his own life. Switzerland has an assisted suicide law, and
Rossiter has considered going there." 7
References used:
The following information sources were used to prepare and update the above
essay. The hyperlinks are not necessarily still active today.
