End-of-Life Choices (Voluntary Assisted Dying) Act 2021 (Tas)

End-of-Life Choices (Voluntary Assisted Dying) Act 2021

An Act to provide for, and regulate access to, voluntary assisted dying, to establish the Voluntary Assisted Dying Commission, and for related purposes [Royal Assent 22 April 2021]

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the End-of-Life Choices (Voluntary Assisted Dying) Act 2021 .

2. Commencement This Act commences on a day to be proclaimed, but if this Act has not commenced before 18 months after the day on which it receives the Royal Assent it commences at the end of that 18-month period.

3. Objectives and principles (1) The objectives of this Act are – (a) to provide, to persons who are eligible to access voluntary assisted dying, an efficient and effective process to enable them to exercise their choice to reduce their suffering by ending their lives legally; and (b) to ensure that the process provided for the exercise of that choice protects and prevents persons from having their lives ended unwittingly or unwillingly; and (c) to provide, in certain circumstances, legal protection for persons who choose to assist, or who choose not to assist, such persons to exercise their choice to end their lives in accordance with that process. (2) A person exercising a power or performing a function under this Act must have regard to the following principles: (a) every human life has equal value; (b) a person's autonomy, including autonomy in respect of end of life choices, should be respected; (c) a person has the right to be supported in making informed decisions about the person's medical treatment, and should be given, in a manner the person understands, information about medical treatment options, including comfort and palliative care and treatment; (d) a person approaching the end of life should be provided with high quality care and treatment, including palliative care and treatment, to minimise the person's suffering and maximise the person's quality of life; (e) a therapeutic relationship between a person and the person's registered health practitioner should, wherever possible, be supported and maintained; (f) a person should be encouraged to openly discuss death and dying, and the person's preferences and values regarding their care, treatment and end of life should be encouraged and promoted; (g) a person should be supported in conversations with the person's registered health practitioner, members of the person's family and carers and community about treatment and care preferences; (h) a person is entitled to genuine choices about the person's care, treatment and end of life, irrespective of where the person lives in Tasmania and having regard to the person's culture and language; (i) a person who is a regional resident is entitled to the same level of access to voluntary assisted dying as a person who lives in a metropolitan region; (j) there is a need to protect persons who may be subject to abuse or coercion; (k) all persons, including registered health practitioners, have the right to be shown respect for their culture, religion, beliefs, values and personal characteristics.