X-Message-Number: 6427 Date: Mon, 01 Jul 1996 17:47:34 -0700 From: David Brandt-Erichsen <> Subject: Australia law >From the Sydney Morning Herald, July 2, 1996 MPS REFUSE TO MAKE DOCTORS MURDERERS By Mike Seccombe in Canberra Federal legislation over-riding the Northern Territory's euthanasia act appears likely to be passed, if provisions allowing for the retrospective prosecutions of doctors who help patients die are abandoned. Cross-party support for the private member's bill, to be moved by a Victorian Liberal, Mr Kevin Andrews, appeared to be firming yesterday. When the bill is moved, probably in mid-September, it is expected it will be seconded by a Labor member, possibly the chief whip, Mr Leo McLeay. The central element of the bill is that the Northern Territory Legislative Assembly does not have the power to allow a person to terminate his or her own life. The Andrews bill also includes a provision - apparently intended to frighten Territory doctors from becoming involved in assisted suicides between now and the passage of the Federal legislation -that would allow anyone involved in euthanasia to be prosecuted, even though they acted within Territory law. This provision was criticised yesterday by parliamentarians on both sides as being unduly punitive and possibly unconstitutional. "I don't think the Federal Parliament ought to retrospectively turn people into murderers and I think the retrospectivity aspect could make it difficult for a lot of Labor people to support it," Mr McLeay said. But Liberal Party sources indicated the retrospective aspects of the bill had been included only as a deterrent to doctors and was likely to be dropped later. Mr Andrews would say only that "it may well be the problem with retrospectivity doesn't arise" because current legal action against the legislation in the Territory Supreme Court, and possibly afterwards in the High Court, would prevent any instances of euthanasia until September. The Australian Medical Association has also warned doctors off. While many MPs and senators are expected to support the bill on religious grounds, others yesterday said they found the concept of State-sanctioned euthanasia similar to that of capital punishment. Mr Lindsay Tanner, a member of Labor's Left, said he also had concerns about possible effects on the approach to health policy, that euthanasia could come to be seen as an excuse to devote fewer resources to hospice services and palliative care. He also worried about elderly people, concerned they had become a burden to their families, possibly being influenced by pressure from the State and relatives, or temporarily depressed. Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=6427