Criminal Code (Palliative Care) Amendment Bill 2003* (Qld)

Queensland

CRIMINAL CODE (PALLIATIVE CARE) AMENDMENT BILL 2003

Queensland

CRIMINAL CODE (PALLIATIVE CARE)

AMENDMENT BILL 2003 TABLE OF PROVISIONS Section Page 1 Short title. 2... eee eens 4 2 Commencement. ......... 0... eee eee eee eee eens 4 3 Act amended ...... 0... 00. ec cee eens 4 4 Insertion of new s 282A 1.0... eee eee eee 4 282A Palliative care... 1... cee ee eee 4

A BILL FOR

An Act to amend the Criminal Code to provide a statutory enactment of the 'double effect' principle for palliative care

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sl 4 s4 Criminal Code (Palliative Care) Amendment Bill 2003

The Parliament of Queensland enacts—

1__ Short title

This Act may be cited as the Criminal Code (Palliative Care) Amendment Act 2003.

2 Commencement

This Act commences on a day to be fixed by proclamation.

3. Act amended

This Act amends the Criminal Code.

4 Insertion of new s 282A After section 282— insert—

'282A Palliative care

'(1) A person is not criminally responsible for providing palliative care to another person if—

(a) the person provides the palliative care in good faith and with reasonable care and skill; and

(b) the provision of the palliative care is reasonable, having regard to the other person's state at the time and all the circumstances of the case; and

(c) the person is a doctor or, if the person is not a doctor, the palliative care is ordered by a doctor who confirms the order in writing.

'(2) Subsection (1) applies even if an incidental effect of providing the palliative care is to hasten the other person's death.

'(3) However, nothing in this section authorises, justifies or excuses—

(a) an act done or omission made with intent to kill another person; or

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s4 5 s4 Criminal Code (Palliative Care) Amendment Bill 2003

(b) aiding another person to kill himself or herself.