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Legislative Assembly for the ACT: 1995 Week 9 Hansard (22 November) . . Page.. 2309..


MR MOORE (continuing):

and an amendment was added -

that is reasonable in the circumstances.

When we talked about "maximum extent", the power was in the hands of the patients. When the amendment added the words "that is reasonable in the circumstances", it then could be tested in courts against what was reasonable. Mr Speaker, it is time that we reviewed that piece of the legislation in the light of the sort of debate we have had today, and certainly in the light of the argument put by Mrs Carnell, because it seems to me that, if the intention is to relieve pain, by and large there is an acceptance of that. It is an entirely different thing from what I am trying to achieve now, but I think it would at least put a greater focus on patient autonomy under these circumstances.

In concluding, Mr Speaker, I would like to offer my thanks to members of my staff. One of my staff who opposes my view on this issue has had to take a large number of calls that have been less than friendly, to say the least, and has done so in a most professional manner. I would like to thank a range of supporters. I would particularly like to thank parliamentary counsel Gale Jamieson and Jeanine Willson, who have been working on this legislation now for quite some years. We normally do not name the parliamentary counsel, Mr Speaker, but when I originally drafted the legislation there was no other legislation like this anywhere in the world for us to look at. The work that they have put in has been extensive. I do not think anybody made negative comments about the construction of the Bill. I think it is a great credit to those parliamentary counsel. I also thank my parliamentary colleagues for supporting me, not only colleagues in this Assembly but members of other assemblies and parliaments around Australia who have sent me messages. Perhaps I should thank Mr Osborne, who is trying to interject, for putting up such a weak case; but, seriously, I am quite happy to thank members who have opposed this legislation for the way in which the debate has been conducted.

Question put:

That this Bill be agreed to in principle.

The Assembly voted -

AYES, 7	 	NOES, 10

Mr Berry	Mrs Carnell
Ms Follett	Mr Connolly
Ms Horodny	Mr Cornwell
Ms McRae	Mr De Domenico
Mr Moore	Mr Hird
Ms Tucker	Mr Humphries
Mr Whitecross	Mr Kaine
		Mr Osborne
		Mr Stefaniak
		Mr Wood
Question so resolved in the negative.


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