You and the Law

Current Legal Situation

Both "active voluntary euthanasia" and "medically assisted suicide" are illegal in all areas of Australia. This is controlled by individual state and territory legislation.

The federal parliament can over-ride Territory but not State legislation.

The Northern Territory's Rights of the Terminally Ill Act that legalised medically assisted dying, came into force on 1 July 1996. But in March 1997 the federal parliament overturned it by enacting the federal Euthanasia Laws Bill.

In Victoria, under the Crimes Act, assisting any person to take their own life can bring a prison sentence of up to 14 years. Anyone who actively euthanases a person, even at that person's request ("active voluntary euthanasia") can be prosecuted for murder or manslaughter. In other states and territories there are similar penalties. more...

Some of the horrific consequences of current law and why we need ligislative change are explained here...

See also our Legislative Charter.

"Double Effect"

Put simply, the law accepts that the doctor may give analgesics (i.e. drugs which remove or relieve pain) that hasten the patient's death, and foresee that they will do so, but he or she must intend only to relieve pain, not to kill the patient, even if the patient has asked for help to die. This is known as the principle of double effect.

The principle of double effect has extended to include, since about 1988, the deliberate sedation of patients to deep unconsciousness for the purpose of relieving suffering. This is called terminal sedation because it can hasten death. more...

Medical Treatment Act

As per the Victorian Medical Treatment Act 1988, patients have the right to refuse medical treatment and this may, as a result, cause their death ("Passive Euthanasia").

Refusal of Treatment forms are available here.

This Victorian Medical Treatment Act was amended in 1990 and 1992 to allow a person to appoint an agent to act on his or her behalf, if (and only if) he or she should become incompetent. The form to appoint an agent ("Enduring Power of Attorney") and more information on this are available here.