Page 643 - Week 03 - Tuesday, 23 March 1993
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The uncertainty of the law in the ACT adversely affects the right of the patient to determine his or her treatment and makes it difficult for the medical profession to make decisions in the best interests of the patient or act on the patient's legitimate request. It also contributes to a lack of public awareness of rights and obligations in this area. There are particular difficulties with respect to the treatment of a patient who is unable to comprehend his or her circumstances. The question then arises as to how best to determine the wishes and interests of such a patient and the rights and obligations of doctors, parents, guardians and the public in general with respect to treatment of such a person. Consideration needs to be given to changes to the law and procedure to allow people to declare in advance their wishes as to treatment in the event of terminal illness and to protect the interests of a patient who because of a medical or legal disability is unable to understand their situation, and to protect them from fraudulent or negligent conduct.
People may, because of religious or other beliefs, wish to ensure that in the event of a debilitating terminal illness they receive life sustaining treatment and that it is not prematurely taken away by a doctor or others who decide that treatment is no longer appropriate. Similarly people, because of religious or other reasons, may not wish or be able to make a decision in advance of illness. They may need to appoint an attorney or representative to make that decision for them if they become unable to make such decisions, according to strict religious principles and perhaps on the advice of a priest.
Another important issue concerns the rights and obligations of children or others under mental or legal disability to refuse treatment and the rights of parents or guardians to determine their care. At present there is no set age at which a child acquires the right to refuse treatment and when the parent's right to intervene disappears. Ultimately it is left to the court to determine whether a child is sufficiently mature to make a decision as to medical treatment.
Considerations of reform will also necessarily involve questions as to the extent of a doctor's obligation to pursue extraordinary measures to maintain life and whether there is a need for clarification of the law and greater consideration of the financial cost to the community of those extraordinary measures and the quality of life that they prolong. Proposals to introduce natural death legislation clearly raise many complex, controversial and emotive issues. Therefore, extensive community consultation and exchange of information is essential if the reform process is to have wide acceptance in the community.
The ACT Community Law Reform Committee is now a well-recognised law reform agency with the experience and resources to carry out the necessary consultation within the community and increase public awareness of the issues involved. The diverse backgrounds of committee members with experience in social, community and legal matters will assist it to examine this area and assess community concerns. The committee could usefully consider and report on these and other issues, including the practical effect of legislation in other States. The range of issues for the committee to consider are set out in the terms of reference, which I now table for the information of members. I also table a copy of this statement. Madam Speaker, I move:
That the Assembly takes note of the papers.
Debate (on motion by Mr Kaine) adjourned.
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