Page 3516 - Week 12 - Wednesday, 12 October 1994
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MADAM SPEAKER: Mr Stevenson, your time has expired. Do you wish to speak a second time?
MR STEVENSON: Yes, Madam Speaker.
MADAM SPEAKER: You may start again.
MR STEVENSON (11.53): Mr Francis states:
I turn now to the issue of whether the amended form of Clause 22 could have the effect of protecting a health professional from the laws of the Territory relating to suicide in certain circumstances.
Clause 16 of the ACT Crimes Act abolished the rule of law that it is an offence for a person to commit or to attempt to commit suicide.
Clause 17(1) provides that a person who aids or abets a suicide is guilty of an offence. On the same reasoning as set out above in relation to the protection of a health professional from liability for homicide, the possibility cannot be excluded that a court will hold that there are circumstances in which aiding a patient to bring about his or her own death is "reasonable" in the context of Clause 22. Again, if this is not intended by the legislature, Clause 22 should be amended ... by adding a specific provision preserving the law relating to suicide.
... ... ...
The third question posed concerns the effect of various provisions of Part II and Part III of the Bill (as they may be amended by the Amendments) on the law relating to suicide and homicide.
In responding to this question I have had the benefit of an Opinion given by J.D. Merralls, Q.C., dated May 1989 and a Supplementary Opinion dated August 1989, both relating to the effect of various provisions of the Victorian Medical Treatment (Enduring Powers of Attorney) Bill.
Clause 6 of the Bill (if amended by the Amendments) provides that a person over 18 years of age and of sound mind may make a direction in writing, orally or in any other way to refuse medical treatment generally or of a particular kind for a current condition. Clauses 10 and 11 of the Bill (if amended by the Amendments) provide for certain conditions to be met before a health professional may give effect to a direction - for example, the health professional must take all reasonable steps to ensure that the patient has been informed of certain
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