Legalising Voluntary Assisted Dying in NSW

Euthanasia is an emotional and polarising topic in our community. From the outset it needs to be remembered that there are different types of Euthanasia. A distinction also needs to be brought between Euthanasia and withdrawal of life sustaining treatment. The primary distinction is that Euthanasia is a ‘positive action’ by another. In contrast, withdrawal of life sustaining treatment is categorised as an ‘omission’ to continue treatment or nutrition to an individual. The law treats withdrawal of life sustaining treatment and Euthanasia very differently.

There are a number of different models relating to Euthanasia- here we will focus on physician assisted end of life decision making. There is a myriad of social, policy, economic and legal issues which are relevant to legalising this form of Euthanasia.

Advocates argue that legalising Euthanasia promotes dignity and autonomy. Also having a regulated system helps prevent people who lack capacity from accessing Euthanasia. One potentially positive aspect of legalising Euthanasia, which is often left unspoken is as follows- most of the medical costs people incur are in the last two years of life!

Groups and individuals who argue against legalising physician-based Euthanasia, often bring in the slippery slope argument- ie what will legalising Euthanasia lead to next? Will people who are not terminally ill be able to elect to die? Will families put pressure on loved ones to gain an inheritance???

On a personal note, I have always been interested in the legal issues surrounding Euthanasia. I grew up in a Christian household and my underlying values centre on how important and sacred human life is. Once I started studying and reading about Euthanasia, my thinking regarding this area has evolved. I learnt that some people who are terminally ill and/or in extreme pain, choose to commit suicide before their suffering becomes intolerable. It is premised, if there are effective Euthanasia laws in place, people may choose to live longer. Another thing that had a profound impact on me was reading Professor Roger Magnussen’s book ‘Angels of Death’ which documented ‘underground’ Euthanasia practices in an unregulated setting.  Since this time, I have been an advocate for physician- based Euthanasia, but only if there are safeguards and protections in place.

Voluntary assisted dying has been legalised in several jurisdictions in Australia already- such as Victoria, Western Australia and Tasmania. It is also legal in many jurisdictions around the world.

Under the draft Bill, availability of voluntary assisted dying will only be for terminally ill people who have six months or less to live (or 12 months in some circumstances). They also need to be experiencing ‘extreme suffering.’ Two doctors will also need to sign off on the request and they will be trained to look out for any coercion. The patient will also be assessed in terms of their capacity, or ability to make medical decisions. The legislation provides for penalties for any offences.