Euthanasia in Australia
Encyclopedia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
is illegal in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, but was legal for a period in the Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
.
Current situation
Although it is a crime to assist in euthanasia, prosecutions have been rare. In 2002, relatives and friends who provided moral support to an elderly woman who committed suicide were extensively investigated by police, but no charges were laid. The Commonwealth government subsequently tried to hinder euthanasia with the passage of the Criminal Code Amendment (Suicide Related Materials Offences) Bill of 2004. In Tasmania in 2005 a nurse was convicted of assisting in the death of her elderly mother and father who were both suffering from illnesses. She was sentenced to two and a half years in jail but the judge later suspended the conviction because he believed the community did not want the woman put behind bars. This sparked debate about decriminalising euthanasia. Decriminalisation of Euthanasia in Australia is supported by the Australian GreensAustralian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
, the Australian Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
, and the Liberal Democratic Party
Liberal Democratic Party (Australia)
The Liberal Democratic Party is a classical liberal Australian political party founded in 2001.-Party name:In 2007 the party tried to register federally under the name "Liberal Democratic Party" but this was opposed the by the Liberal Party, so the party chose to register as the "Liberty and...
.
Also, very recently in Australia, an assisted euthanasia case has arisen about the suspected issuing of the Euthanasia drug Nembutal imported from Mexico illegally. The sedative
Sedative
A sedative or tranquilizer is a substance that induces sedation by reducing irritability or excitement....
is used to put down cats and dogs in Mexican pet shops. The two women convicted of providing Nembutal to former pilot Graeme Wylie, Shirley Justins and Caren Jennings, were found guilty of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
and accessory to manslaughter respectively. Justins claims that Wylie wanted to die 'with dignity.' The prosecution argued that Graeme Wylie did not have the mental capacity to make the crucial decision to end his life, classing it as involuntary euthanasia
Involuntary euthanasia
Non-voluntary euthanasia is euthanasia conducted where the explicit consent of the individual concerned is unavailable...
.
In August 2009, the Supreme Court of Western Australia ruled that it was up to Christian Rossiter, a 49 year old quadraplegic, to decide if he was to continue to receive medical care (tube feeding) and that his carers had to abide by his wishes. Chief Justice Wayne Martin also stipulated that his carers, Brightwater Care, would not be held criminally responsible for following his instructions. Rossiter died on 21 September 2009 following a chest infection.
Legalisation in the Northern Territory
Euthanasia was legalised in AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
's Northern Territory
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
, by the Rights of the Terminally Ill Act 1995. Soon after, the law was voided by an amendment by the Commonwealth to the Northern Territory (Self-Government) Act 1978. The powers of the Northern Territory legislature, unlike those of the State legislatures, are not guaranteed by the Australian constitution. However, before the Commonwealth government made this amendment, three people had already died through physician assisted suicide
Assisted suicide
Assisted suicide is the common term for actions by which an individual helps another person voluntarily bring about his or her own death. "Assistance" may mean providing one with the means to end one's own life, but may extend to other actions. It differs to euthanasia where another person ends...
under the legislation, aided by Dr Philip Nitschke
Philip Nitschke
Dr. Philip Nitschke is an Australian medical doctor, humanist, author and founder and director of the pro-euthanasia group Exit International. He campaigned successfully to have a legal euthanasia law passed in Australia's Northern Territory and assisted four people in ending their lives before...
. The first person was a carpenter, Bob Dent, who died on 22 September 1996.
Organisations
Exit International is a euthanasia advocacy group founded by Philip NitschkePhilip Nitschke
Dr. Philip Nitschke is an Australian medical doctor, humanist, author and founder and director of the pro-euthanasia group Exit International. He campaigned successfully to have a legal euthanasia law passed in Australia's Northern Territory and assisted four people in ending their lives before...
in Australia.
The Voluntary Euthanasia Society of New South Wales promotes legislation to allow for euthanasia.
Exit International made TV ads, which were banned just before they were scheduled to broadcast in September 2010.