Tasmania
Dying
With Dignity Bill 2009
What follows are the parts of a
euthanasia/assisted suicide bill which
pertain to protection of freedom of conscience.
Note the following:
- Section 6 permits refusal for any
reason, but appears to limit the refusals
allowed to the actual performance of the
lethal act;
- The immunities offered by the bill do
not cover acts of negligence. Negligence is
defined to exclude euthanasia or assisted
suicide, but not to exclude refusing
euthanasia or assisted suicide.
- 22(2) would appear to require objecting
denominational health care institutions to
permit assisted suicide and euthanasia on
their premises.
Response of medical practitioner
6. A medical practitioner who receives a request
referred to in section 5, if satisfied that the
conditions of section 8 have been met, but subject
to section 9 and 10, may assist the sufferer to end
the sufferer's life in accordance with this Act or,
for any reason and at any time, refuse to give that
assistance.
Immunities
22. (1) A person must not be subject to civil or
criminal action or professional disciplinary action
for anything done in good faith and without
negligence in compliance with this Act, including
being present when a sufferer takes a substance
prescribed for or supplied to the sufferer as the
result of the request for assistance under this Act
to end the sufferer's life.
(2) A professional organisation or association or
health care provider must not subject a person to
censure, discipline, suspension, loss of licence,
certificate or other authority to practise, loss of
privilege, loss of membership or other penalty for
anything that, in good faith and without negligence,
was done or refused to be done by the person and
which may under this Act lawfully be done or refused
to be done.
(3) A request by a sufferer for assistance under
this Act, or giving of such assistance in good faith
by a medical practitioner in compliance with this
Act, does not constitute neglect for any purpose of
law.
(4) A health care provider is not under any duty,
whether by contract, statute or other legal
requirement, to participate in the provision to a
sufferer of assistance under this Act, and if a
health care provider is unable or unwilling to carry
out a direction of a medical practitioner for the
purpose of the medical practitioner assisting a
sufferer under this Act and the sufferer transfers
his or her care to another health care provider, the
former health care provider must, on request,
transfer a copy of the sufferer's relevant medical
records to the new health care provider.