X-Message-Number: 6359
Date: Tue, 18 Jun 1996 10:29:50 -0700
From: David Brandt-Erichsen <>
Subject: Australia law

A press release issued June 18 on Australian Medical Association letterhead
makes the following statements:

AMA Northern Territory Branch President Dr. Chris Wake has launched a joint
private legal challenge to the Northern Territory's controversial euthanasia
legislation.

Dr. Wake and prominent Aboriginal leader Reverend Dr. Djiniyinni Gondarra
have lodged a Supreme Court writ challenging the validity of the legislation
and sought injunctions to prevent the laws from operating from the planned
start-up date of July the first.

The hearing for the injunction applications will take place on Friday in the
Darwin Supreme Court.

The euthanasia laws are being challenged on four grounds:

1. The Rights of the Terminally Ill Act 1995 is unconstitutional because it
offends against fundamental rights underlying the Australian Constitution.
2. Euthanasia was not one of the powers given to the Northern Territory
Government under the Northern Territory (Self Government) Act 1978.
3. The Act is unconstitutional because it is inconsistent with the rule of
law and the doctrine of the separation of powers in that it purports to
bypass the Courts, and sanction the infliction of death without any form of
judicial supervision or control.
4. The Act is beyond the power of the Northern Territory Government and it
has been invalidly assented to by the Administrator.

The AMA is also releasing today its policy on the care of severely and
terminally ill patients.

------------

The Northern Territory Voluntary Euthanasia Society also issued the
following press release on June 18:

NT Voluntary Euthanasia Society Inc
								
MEDIA RELEASE

The legal challenges announced today by Dr Chris Wake demonstrates a callous
disregard - by those who profess to be working on behalf of humanity - for
the dying people who are waiting for this legislation, said the Society's
president Lynda Cracknell.

"Why is it that the group has chosen to take action at this time? Is it
possible that they realise that the only successful action that they can now
mount is one of delaying the legislation by putting forward legal arguments
that have little or no chance of succeeding?"

"Their case appears to be weak and ill prepared" said Ms Cracknell, "but
even if they only achieve delays, what type of precedent will be created? If
a couple of individuals with huge funding from vested minority interests can
subvert our democratic legislative system, where will it stop?"

"This society will not be spending its limited resources on actively
campaigning against these most recent threats. Community outrage will be
spontaneous without any encouragement from us."

"Rather we will continue to direct our efforts to helping those dying people
who are in their last days, weeks and months of life to deal with the
additional distress and anguish caused today by Dr Wake, the Rev Gondarra,
and their church and AMA backers."

--courtesy of Lynda Cracknell

 <David Brandt-Erichsen>


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