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Is a life sentence justified for assisted dying?

By David Leyonhjelm - posted Tuesday, 24 November 2015


Of course, consent must be verified. Medical practitioners are no better qualified than anyone else to confirm this, but clearly the decision must be genuine. One of my concerns with Senator Di Natale's Dying with Dignity Bill – although I support its general intent – is that it over-medicalises the process, giving too much power to doctors. This is apart from the fact that it may lack a valid Constitutional head of power.

In the short term at least, the easiest way to smooth the path to legalising assisted suicide would be repeal of the Euthanasia Laws Act 1997 – the 'Andrews Bill' I referred to earlier. It removed the power of each of the Territories to legalise assisted suicide, with a specific focus on repeal of the Northern Territory's law.

While it is not feasible to simply reinstate the Northern Territory act, repeal of the Andrews Bill would send a signal to States and Territories that their legislatures may now turn their attention to this issue. As a bonus, it would support Federalism in law making. For too long, the Commonwealth has waded into areas that are properly the business of the states.

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To that end, I plan to introduce a Private Senators' Bill before the end of this year to repeal the Andrews Bill and set the Territories free.

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This article was first published in the Australian Financial Review.



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David Leyonhjelm is a former Senator for the Liberal Democrats.

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