Dying with Care and Consent Bill

Madeleine Ogilvie, Labor Member for Denison, has released an exposure draft of a bill dealing with end of life decision making.

“The Dying with Care Bill is broadly based on current South Australian legislation dealing with cessation of medical treatment and the dying decision,” Ms Ogilvie said.

“The proposed bill provides for codification of the common law, taking the existing common law and putting it into legislation. This should help patients to know and understand their rights to refuse treatment and turn to palliative care. It deals also with advanced care directives in the context of end of life decision making.

“I’m hopeful that this approach will also help families and medical practitioners to understand the boundaries of their rights and duties in end of life decision making situations. The aim is greater clarity.

“The bill also proposes the establishment of the role of a Public Advocate with power to assist difficult end of life decision making processes. This is particularly important for scenarios in which a patient may lack competency to make decisions (children, patients lacking general capacity including coma situations).

“The bill does not provide for euthanasia (the intentional ending of life). This is in line with current common law.

“The bill works in conjunction with the Relationships Act (family members/next of kin), the Guardianship and Administration Act and the Guardianship and Administration Act. Consequential amendments are proposed to that act.

“People will no doubt understand that as an opposition member I do not have access to parliamentary drafting support.

“I have made best efforts to prepare this bill, however I acknowledge it might benefit from the assistance of the Office of Parliamentary Counsel.

“I’m looking forward to this being the start of an inclusive conversation on these issues.”
Madeleine Ogilvie MP Labor Member for Denison