Blog Post

Euthanasia

  • By websitebuilder
  • 23 Aug, 2018

Until recently, Euthanasia has been illegal in Australia. However, on 29 November 2017, Victoria passed legislation permitting euthanasia where certain eligibility criteria are met. The Voluntary Assisted Dying Act 2017 (Vic) has an 18-month long implementation period and will commence operation in 2019.

Euthanasia was previously legal in the Northern Territory between 1995 and 1997 before the Commonwealth introduced changes to the Northern Territory (Self-Government) Act 1978, effectively banning the Northern Territory from legislating on the issue.

The Northern Territory is often considered a frontier and it was certainly the first jurisdiction to really spark the debate in Australia around Euthanasia. However, in 1997 when the Commonwealth intervened it was considered an affront to the Northern Territory's status as a self-governing territory.

Now, Victoria has passed legislation, pressure will be mounting for the Commonwealth to stop interfering and allow the Northern Territory to legislate on this issue once more. If the Northern Territory were to legislate on euthanasia, then the Victorian legislation provides a very recent scheme for analysis.

So What Are the Eligibility Criteria in the Voluntary Assisted Dying Act?

To be eligible in Victoria, you must be:

  • 18 years or over
  • Ordinarily resident in Victoria and an Australian citizen or permanent resident
  • Have decision making capacity in relation to voluntary assisted dying
  • Be diagnosed with a disease, illness or medical condition that is incurable, advanced, progressive and will cause death
  • The disease, illness or medical condition is expected to cause death within less than 12 months
  • The disease, illness or medical condition is causing suffering to the person, and the suffering cannot be relieved in a manner that the person deems tolerable

Each of these criteria bring with it further questions, take criterion 5 above as just one example, ‘The disease, illness or medical condition is expected to cause death within less than 12 months’. This criterion will be clinically assessed by doctors; however, doctors will also concede that it is near impossible to accurately predict how long a patient has to live. Human life is certainly precious, and any laws passed allowing euthanasia should be carefully considered with the depth of analysis needed for such an important issue.

By websitebuilder 10 Dec, 2020

Have you made plans for your future?

Most of us do not consider the importance of writing a will until much later in life.

However, having a detailed will in place at any age can be of great benefit whether you have people who are financially dependent on you or not.

Taking the steps now can stop uncomfortable conversations down the line, and ensure a smooth transition for your loved ones.

Consider the following 8 important factors that you may want to consider when writing a will
By websitebuilder 23 Aug, 2018

An objective viewpoint, critical thinking and wise counsel — these are some key attributes of a lawyer that make it valuable to get advice before making decisions and acting.

Of course a lawyer also has formal knowledge of the law, but it is these other key attributes that make it so important that you to speak to a lawyer first.

By websitebuilder 23 Aug, 2018
Peter Maley, the Principal Partner of Maley Barristers & Solicitors is a true Territorian who cares about people and their families in Darwin and the rural areas. Peter is a family man and a keen fisherman, shooter and cattle farmer who grew up in Darwin and the rural area and is passionate about the law and helping people.
By websitebuilder 01 Sep, 2009
The law will try any person who expresses an intent to disfigure, disable or cause serious harm to any person. A person may also be charged if he or she resists arrest or prevents the lawful arrest or detention of any person.
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