Euthanasia is a deliberate, intentional act of one person to end the life of another person in order to relieve that person’s suffering. For example, a doctor injects a patient with a lethal substance to relieve that person from unbearable physical pain. The term euthanasia is often used in different ways. Three of the most common are:
Suicide is the intentional act of killing oneself. Assisted suicide occurs where a person intentionally kills themselves with the assistance of another (who provides the knowledge or means to do it). For example, where a friend or relative obtains a lethal drug and provides it to the person to use to commit suicide.
Physician-assisted suicide occurs where a person requests a doctor to assist them in committing suicide, for example, a doctor provides a person with a prescription to obtain a lethal dose of drugs.
Euthanasia is illegal in all Australian States and Territories, and may result in a person being charged with murder, manslaughter or assisting suicide.
Assisted suicide is illegal in all Australian States and Territories except for Victoria. On 29 November 2017 the Victorian Legislative Assembly passed the Voluntary Assisted Dying Act 2017 (‘the Act’), which will legalise voluntary assisted dying (physician-assisted suicide) in Victoria from 19 June 2019.
The Act provides for and regulates access to Voluntary Assisted Dying, defined as ‘the administration of a voluntary assisted dying substance, and includes steps reasonably related to such administration’ (i.e. physician-assisted dying, not voluntary euthanasia)
Voluntary Assisted Dying will only be available to adults over 18 who live in Victoria, who are able to make their own decisions, suffering from an incurable illness, experiencing intolerable suffering, and expected to die within a year. The only exception is if the person is diagnosed with a neurodegenerative disease, illness or medical condition. In that case, a person may access VAD provided that disease, illness or condition is expected to cause death within 12 months. The legislation is very strict and includes 68 safeguards.
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