Page 3512 - Week 12 - Wednesday, 12 October 1994
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"(4) Where a person makes a direction or grants a power of attorney under this Act, any enduring power of attorney created by the person under the Powers of Attorney Act 1956 that is in effect shall, to the extent that it applies to the withholding or withdrawal of medical treatment, be taken to be revoked but otherwise remains in effect.".
Page 7, lines 14 to 18, clause 17, omit the subclause, substitute the following subclause:
"(1) A person who -
(a) by any deception or fraud procures or obtains; or
(b) uses violence, threats, intimidation or otherwise hinders or interferes with another person for the purpose of procuring or obtaining;
from a person (whether directly or indirectly) a direction or power of attorney is guilty of an offence punishable, on conviction, by a term of imprisonment not exceeding 5 years.".
MR STEVENSON (11.43): I move:
Page 8, line 22, clause 22, after "Territory", insert "other than the laws relating to homicide and suicide".
This amendment would make an exemption for laws relating to homicide and suicide. It has been stated by members in this Assembly that this Bill is not intended to be used for active euthanasia, notwithstanding that that may be their intention at a later stage. A legal opinion on that by the Melbourne QC Charles Francis is most pertinent. I quote from relevant parts of that opinion:
The Bill ... provides, in Clause 22, that, notwithstanding the provisions of any other law of the Territory, a patient under the care of a health professional has -
if the Bill is amended by Mr Connolly's amendments - and it will be, I suggest -
... a right to receive "relief from pain and suffering to the maximum extent that is reasonable in the circumstances".
The first question posed concerns the effect of clause 22, if it is amended by the amendments, on the law relating to homicide and suicide in the Territory.
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