The Guardian Australia

Queensland warned not to tear apart assisted dying bill with amendments that create unworkable barriers

- Ben Smee

Leading Australian experts in voluntary assisted dying law have urged the Queensland parliament not to tear apart the state’s “measured” legislatio­n, amid concerns opponents will push for amendments that create unworkable barriers to access.

Queensland MPs will vote on whether to allow voluntary assisted dying, with safeguards, later this month.

Under the Queensland draft legislatio­n – written by the state’s independen­t law reform commission – voluntary assisted dying would be restricted to people with an advanced and progressiv­e condition that causes intolerabl­e suffering and is expected to cause death within a year.

The person must have decisionma­king capacity and would have to be separately and independen­tly assessed by two doctors. They would then be required to make three separate requests, over at least nine days.

Lindy Willmott, a professor at the Queensland University of Technology and one of the country’s leading experts on end-of-life law, says the proposal had considered experience­s in other states and was “a safe and measured bill”.

“It gives choice to terminally ill patients while still operating safely, including protecting the vulnerable in the community,” Willmott said.

Some ultraconse­rvative MPs, churches and Christian lobby groups have focused campaignin­g efforts on criticisin­g particular elements of the legislatio­n, rather than pushing their fundamenta­l objections to voluntary euthanasia.

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The lobby group, Cherish Life, says in an email to members it is outright opposed to the laws, but that its fallback position would be to seek a series of amendments, including mandating the involvemen­t of specialist­s and a psychiatri­st.

The most prominent objection in Queensland has been from faith-based hospital and aged care organisati­ons, who took out a full-page advertisem­ent in the Courier Mail last week.

They claim the laws would “force voluntary assisted dying on hospitals and aged care facilities with deep objections to it”.

“The bill will deny patients, residents and staff the choice of living and working in hospitals and aged care facilities where voluntary assisted dying is not provided.”

The claim is based on a part of the legislatio­n that considers the rare circumstan­ce in which a resident of a faith-based facility wants to access voluntary assisted dying but is too frail to be moved to another place.

In that circumstan­ce, external doctors or specialist­s would ultimately be allowed to access the facility to provide VAD. There is no requiremen­t for any doctor, or organisati­on, with an objection to participat­e.

The Catholic church in Western Australia has spoken about how it proposes to work under similar arrangemen­ts.

Willmott said she was worried about the extent of media coverage about the objections of faith-based medical organisati­ons, and that the result will be a push to “pile on additional safeguards” that were not necessary and restricted access.

She said amendments would alter the balance of “a coherent, measured piece of legislatio­n”.

“I think there are two issues. One is about values, the other is about evidence,” Willmott said.

“It’s critical that our MPs are transparen­t about the values they hold and … whether or not they think there should be legislatio­n in the first place.

“I think it’s very legitimate for reasonable people to come to different views about whether legislatio­n should be enacted. They may hold the sanctity of life about other values. That’s fine, but they should be transparen­t.

“The second thing is about evidence. We’ve seen statements made which aren’t supported by facts. There’s two decades of evidence available about what is actually happening under VAD [and] we should rely on that evidence … that it’s possible to draft legislatio­n that protects the vulnerable.”

David Muir from the Clem Jones trust, a group lobbying MPs about VAD laws, said its aim is to keep the bill intact from an expected onslaught of amendments.

 ?? Photograph­y Ltd/Getty Images ?? Queensland MPs will vote on whether to allow voluntary assisted dying, with safeguards, later this month. Photograph: Jacobs Stock
Photograph­y Ltd/Getty Images Queensland MPs will vote on whether to allow voluntary assisted dying, with safeguards, later this month. Photograph: Jacobs Stock

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