Euthanasia in Australia

Philip Nitschke, an Australian physician and author, is a prominent international campaigner on euthanasia.

Euthanasia is illegal in Australia, but was legal for a period in the Northern Territory.

Current situation

Although it is a crime to assist in euthanasia, prosecutions have been rare. In 2002, relatives and friends who provided moral support to an elderly woman who committed suicide were extensively investigated by police, but no charges were laid. The Commonwealth government subsequently tried to hinder euthanasia with the passage of the Criminal Code Amendment (Suicide Related Materials Offences) Bill of 2004. In Tasmania in 2005 a nurse was convicted of assisting in the death of her elderly father, who had terminal cancer, and trying to kill her mother, who was in the early stages of dementia. She was sentenced to two and a half years in jail but the judge later suspended the conviction because he believed the community did not want the woman put behind bars. This sparked debate about decriminalising euthanasia. Decriminalisation of Euthanasia in Australia is supported by the Australian Greens, the Australian Democrats, and the Liberal Democratic Party.

In 2008 Shirley Justins and Caren Jennings, were found guilty of manslaughter and accessory to manslaughter respectively for providing Nembutal to former pilot Graeme Wylie in 2006. Justins claims that Wylie wanted to die "with dignity". The prosecution argued that Graeme Wylie did not have the mental capacity to make the crucial decision to end his life, classing it as involuntary euthanasia.

In August 2009, the Supreme Court of Western Australia ruled that it was up to Christian Rossiter, a 49 year old quadraplegic, to decide if he was to continue to receive medical care (tube feeding) and that his carers had to abide by his wishes. Chief Justice Wayne Martin also stipulated that his carers, Brightwater Care, would not be held criminally responsible for following his instructions. Rossiter died on 21 September 2009 following a chest infection.

Exit International made TV ads arguing for voluntary euthanasia, which were banned just before they were scheduled to broadcast in September 2010.

Legalisation in the Northern Territory

Euthanasia was legalised in Australia's Northern Territory, by the Rights of the Terminally Ill Act 1995. Soon after, the law was voided by an amendment by the Commonwealth to the Northern Territory (Self-Government) Act 1978. The powers of the Northern Territory legislature, unlike those of the State legislatures, are not guaranteed by the Australian constitution. However, before the Commonwealth government made this amendment, three people had already died through physician assisted suicide under the legislation, aided by Dr Philip Nitschke. The first person was a carpenter, Bob Dent, who died on 22 September 1996.

Organisations

Exit International is a euthanasia advocacy group founded by Philip Nitschke in Australia.

The euthanasia advocacy group Dying With Dignity has branches in Queensland, New South Wales, Victoria and Tasmania. Other groups include the South Australian Voluntary Euthanasia Society (SAVES), the Western Australian Voluntary Euthanasia Society (WAVES) and Christians Supporting Choice for Voluntary Euthanasia.

See also

• Culture of Australia
• Health care in Australia

Further reading

• Bartels L, Otlowski M (February 2010). "A right to die? Euthanasia and the law in Australia". J Law Med 17 (4): 532–55. PMID 20329456.