SUPPORT FOR CLARIFICATION OF LAW

Dying with Dignity Tasmania has welcomed the aim of State MP Madeleine Ogilvie to provide greater clarity about the current law related to medical treatment at end of life and protection of people’s wishes expressed in their advance care directives. Ms Ogilvie has issued a draft Private Member’s Bill, “Dying with Care and Consent to Medical Treatment”, and invited comments.

The President, Margaret Sing, has said that DwDTas recognises this is worth doing even though the proposed Bill is not changing the status quo, just clarifying it. It can also contribute to a much better informed debate on the next voluntary assisted dying Bill when the current situation is clearer. “Debate on Ms Ogilvie’s Bill will provide better information about existing practices and their limitations so that it’s clear why some patients and doctors need and want the additional legal option of voluntary assisted dying to end intolerable suffering. MPs can then focus on the people who are not being helped by current methods and whose intolerable suffering cannot be relieved at present, despite the best efforts of our doctors and palliative care services”, Ms Sing said.

DwDTas welcomes the recognition that doctors help a lot of people with extra pain relief or terminal sedation which can hasten their patients’ deaths and they need the certainty of legal protection when they relieve suffering in this way. “Unfortunately, not everyone can have their terrible suffering relieved by these methods, or withdrawal from treatment. Many people also don’t want to die in a coma over days or weeks while their families stand by helplessly”, Ms Sing said.

Voluntary assisted dying laws are increasing with politicians accepting the overwhelming evidence that they are needed and are working well, with great acceptance by the public and doctors. In October this year, California became the 11th jurisdiction and the 5th US State with legal voluntary assisted dying. It is very likely that Canada will also have assisted dying legislation soon, putting into effect a unanimous decision of the Canadian Supreme Court in February.

DwDTas has also promoted and helped many people express their wishes in advance care directives or appoint an enduring guardian. “People who appoint an enduring guardian currently have good legal protection but there is less certainty about other forms of advance care directives. We will be very interested to see what is proposed to protect people’s rights in this area”, Ms Sing said.
President, Margaret Sing, Dying with Dignity Tasmania