X-Message-Number: 6939
Date: Thu, 19 Sep 1996 10:21:11 -0700
From: David Brandt-Erichsen <>
Subject: Australia law update

>From The Age, Melbourne, September 19, 1996
DEATH BILL COULD HIT OTHER LAWS IN NT
By Karen Middleton, Canberra

The Northern Territory Government has cast new doubt on a federal private
member's bill designed to overturn its euthanasia laws, with legal opinions
indicating the legislation could also outlaw abortion and the switching off
of life-support machines.

The NT Attorney-General, Mr Denis Burke, this week wrote to his federal
counterpart, Mr Daryl Williams, saying he had legal opinions that indicated
the anti-euthanasia bill before the Federal Parliament could interfere with
other territory laws.

It is believed that Mr Burke is concerned about possible unintended
consequences of the federal bill, produced by a Victorian Liberal MP, Mr
Kevin Andrews, including its impact on the NT Natural Death Act and laws
allowing abortion in the territory.

Mr Burke obtained legal opinions from the NT solicitor-general, Mr Tom
Pauling, QC, the director of public prosecutions, Mr Rex Wild, and an
independent barrister that raise new concerns about the Andrews bill.  All
believe it could have implications for NT law beyond the Rights of the
Terminally Ill Act 1995, which allows voluntary active euthanasia.

The concerns are believed to revolve around the use of the word
"intentional" and the possibility that this could undermine legislation that
effectively exempts some practices from being offences under the Crimes Act.

In his legal opinion, Mr Pauling says he is "not at all satisfied that
aspects of territory law will not be thrown into disarray" by the bill.  The
independent barrister is believed to have stated that the Andrews bill would
not affect abortion because a foetus was not considered a "life" under law.

The new legal opinions are likely to add to the concerns of some MPs and
senators that the implications of Mr Andrews' bill could reach beyond
euthanasia and cause political division in the federal coalition. Some were
also concerned the bill could be used to piggyback amendments outlawing
abortion.

All political parties have agreed to allow a conscience vote on the issue in
Federal Parliament, but the timing of the debate and vote on the bill
remains unclear, with some coalition MPs lobbying to have it set aside.

Mr Andrews has already redrafted his bill because of fears it could affect
other NT laws. Yesterday, he issued a statement reinforcing comments he made
in Parliament that his bill was "solely about euthanasia and no other matter".

"The bill has nothing to do with abortion," Mr Andrews said. "Any suggestion
to the contrary is fanciful. If anyone attempts to amend the bill to include
abortion, I will vote against the amendment."

His statement appeared to be a response to a private letter that the MP for
the Northern Territory, Mr Nick Dondas, yesterday sent to all lower house
members and senators, which included copies of two of the legal opinions.

In his letter, Mr Dondas said he would seek to amend Mr Andrews' Euthanasia
Laws Bill 1996 to prevent further debate. The chairwoman of Right to Life
Australia, Mrs Margaret Tighe, said yesterday suggestions that Mr Andrews'
euthanasia bill would be used to affect abortion laws were "mischievous".


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