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Legislative Assembly for the ACT: 1997 Week 11 Hansard (5 November) . . Page.. 3667 ..

MR STEFANIAK (continuing):

The Medical Treatment (Amendment) Bill is an interesting one. I actually went back to the Hansard of 1994 to look at that debate. I recalled then there were some sensible amendments made by the then Opposition. We were, in fact, in opposition. That Bill was debated in about September, I believe, 1994. In fact, I recall, along with a couple of my colleagues, actually opposing that particular Bill then. Again, I would have to oppose that Bill as it stands. Certainly, other speakers have raised a number of issues in relation to clauses 4 and 7 which I would certainly agree with. Mr Moore is attempting to amend the section by taking out the words "to the maximum extent that is reasonable in the circumstances". I seem to recall those very words being put in and discussed in terms of the original Bill back in 1994, and for very good reason.

Mr Moore: Yes, that is correct. It was an amendment moved by Mr Connolly.

MR STEFANIAK: Yes, I think it was; and I think they were put in there for very good reason. I am a little concerned, too, at this stage. I will be interested to hear the debate in relation to clauses 5, 6 and 8 of Mr Moore's Bill. Clause 8 is more procedural, but section 6 of the Act at present states:

A person who is of sound mind and has attained the age of 18 years may make a direction in writing, orally or in any other way ... to refuse, or for the withdrawal of, medical treatment -

(a) generally;

(b) of a particular kind;

for a current condition.

I have a grave fear that Mr Moore is trying, again, to extend the situation from what it actually is. I am yet to be convinced that what he is proposing is, in fact, reasonable.

I have a real concern in relation to clause 6 of Mr Moore's Bill, which seeks to repeal section 10. That relates to the cessation of a direction. It states:

A direction ceases to apply to a person if the medical condition of the person has changed to such an extent that the condition in relation to which the direction was given is no longer current.

That would effectively mean, I suppose, that person has actually recovered.

Debate interrupted.

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