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ARTICLE · 18 SEPTEMBER 2015

Euthanasia – What is the law in Australia?

Euthanasia and assisting suicide can result in charges of murder or manslaughter under State and Territory criminal law.

AustraliaCriminal Law

The recently released Australian movie, "Last Cab to Darwin", will generate conversations and recall the Northern Territory's Rights of the Terminally Ill Act 1995. This Act came into effect on 1 July 1996 and was subsequently overridden by the Commonwealth Parliament. Courts in Australia, Canada, the UK and the USA have all made it clear that there is no legal duty to continue medical treatment that is futile. These courts have also upheld the right of competent adults to decide to cease treatment that is keeping them alive.

Voluntary assisted suicide or euthanasia is qualitatively different. Voluntary euthanasia is generally where a person performs an act that intentionally ends the life of another person at the request of the other person. Assisted suicide is where a person dies after being provided by another person (often a health professional) with the means or knowledge required to kill themselves.

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