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". Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=6939