Euthanasia Laws Act 1997
No. 17, 1997
Euthanasia Laws Act 1997
No. 17 , 1997
An Act concerning euthanasia
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedules..................................1
Schedule 1—Amendment of the Northern Territory (Self-Government) Act 1978 2
Schedule 2 - Amendment of the Australian Capital Territory (Self-Government) Act 1988 3
Schedule 3 - Amendment of the Norfolk Island Act 1979 4
Euthanasia Laws Act 1997
No. 17 , 1997
An Act concerning euthanasia
[Assented to 27 March 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Euthanasia Laws Act 1997.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Schedules
The Acts that are specified in Schedules to this Act are amended as set out in the applicable items in the Schedule concerned, and any other items in the Schedules to this Act have effect according to their terms.
Schedule 1—Amendment of the Northern Territory (Self-Government) Act 1978
1 After section 50
Insert
50A Laws concerning euthanasia
(1) Subject to this section the power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws which permit or have the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life.
(2) The Legislative Assembly does have power to make laws with respect to:
(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit the intentional killing of the patient; and
(b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of the patient; and
(c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and
(d) the repealing of legal sanctions against attempted suicide.
2 Application
For the avoidance of doubt, the enactment of the Legislative Assembly called the Rights of the Terminally Ill Act 1995 has no force or effect as a law of the Territory, except as regards the lawfulness or validity of anything done in accordance therewith prior to the commencement of this Act.
Schedule 2—Amendment of the Australian Capital Territory (Self-Government) Act 1988
1 After subsection 23(1)
Insert:
(1A) The Assembly has no power to make laws permitting or having the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life.
(1B) The Assembly does have power to make laws with respect to:
(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit…
Overview
The Euthanasia Laws Act 1997 was enacted by the Parliament of Australia to address the contentious issue of euthanasia, specifically to prevent territories under federal jurisdiction from legalising practices that permit intentional killing of another, including mercy killing. The Act amends the Northern Territory (Self-Government) Act 1978, the Australian Capital Territory (Self-Government) Act 1988, and the Norfolk Island Act 1979 to explicitly restrict the legislative powers of these territories from enacting laws that permit euthanasia. Instead, the Act allows for laws concerning the withdrawal or withholding of medical treatment, palliative care, the appointment of agents for medical decisions, and the repeal of legal sanctions against attempted suicide. The policy objective behind this legislation was to ensure that no territory under federal control could legalise euthanasia, thereby maintaining a consistent stance on the matter across Australia.
Scope and Application
The Euthanasia Laws Act 1997 is a Commonwealth Act that aims to regulate the scope of legislative powers concerning euthanasia in the Northern Territory, Australian Capital Territory, and Norfolk Island. This Act explicitly restricts the legislative powers of these jurisdictions from enacting laws that permit or facilitate euthanasia or the assisted suicide of individuals. It underscores that while these territories can legislate on the withdrawal or withholding of life-prolonging medical or surgical measures, palliative care, and the appointment of agents for treatment decisions, they cannot do so in a manner that intentionally ends a patient's life. Additionally, the Act allows these territories to repeal legal sanctions against attempted suicide. The Act nullifies any previously enacted laws that contravene its provisions, such as the Rights of the Terminally Ill Act 1995 in the Northern Territory. The Act's application is confined to the specified territories and does not extend to other states or territories within Australia.
Key Provisions
- The main operative sections of the Euthanasia Laws Act 1997 (sections 50A, 1A, 2A) pertain to the prohibition of laws permitting euthanasia and the intentional killing of another in the Northern Territory, the Australian Capital Territory, and Norfolk Island respectively. Specifically, section 50A of Schedule 1, section 1A of Schedule 2, and section 2A of Schedule 3 each state that the legislative assemblies of these territories cannot enact laws that permit euthanasia, including mercy killing, or the assisting of a person to terminate their own life. Instead, these legislative bodies are authorised to enact laws concerning the withdrawal or withholding of medical or surgical measures for prolonging life, the provision of palliative care, the appointment of an agent to make decisions about treatment, and the repeal of legal sanctions against attempted suicide, provided these measures do not permit intentional killing.
- The obligations imposed by the Euthanasia Laws Act 1997 on the legislative assemblies of the Northern Territory, the Australian Capital Territory, and Norfolk Island are clear: they must not legislate in a way that permits or facilitates euthanasia. The Act explicitly restricts these bodies from passing laws that would allow for the intentional killing of another person, including under the guise of mercy killing. However, the Act does permit these assemblies to enact laws concerning the withdrawal or withholding of life-prolonging measures, palliative care, the appointment of decision-making agents for patients, and the repeal of laws against attempted suicide, as long as these measures do not result in intentional killing. Additionally, the Act invalidates the Rights of the Terminally Ill Act 1995 in the Northern Territory, except for actions taken in accordance with it prior to the commencement of the Euthanasia Laws Act 1997.
- Breaches of the provisions outlined in the Euthanasia Laws Act 1997 could result in serious legal consequences. Although the Act itself does not explicitly detail specific offences or penalties, any law passed by the legislative assemblies that contravenes the Act's prohibitions on permitting euthanasia could be subject to judicial review and potentially declared invalid. Further, individuals or entities that facilitate euthanasia in direct defiance of these legislative restrictions might face criminal charges under existing laws pertaining to murder or manslaughter, depending on the jurisdiction. The penalties for such offences could include imprisonment, reflecting the seriousness with which the law regards the intentional ending of life.
- Area of Law
- Medical Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Prohibited Conduct
- Offence Provisions