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Legislative Assembly for the ACT: 1995 Week 9 Hansard (22 November) . . Page.. 2251 ..

MS FOLLETT (continuing):

We know that, probably on a daily basis, people choose not to have, and indeed choose not to give, medical treatment which might just prolong a life. This is an everyday occurrence. There are many reasons for such a decision. The treatment may be judged to be completely futile or to be more distressing to the patient than the disease itself. This is not against the law either. We know also that it is by no means unusual for drugs or other pain relief to be given to terminally ill people, even though this measure will probably prove fatal, on an informed judgment of that matter. This is not against the law either. In fact, the Assembly endorsed this very course of action last year.

Mr Speaker, there is nothing in any of these circumstances which would prevent or militate against the greatest care and the best of medical assistance being available to all who are facing death, either because they are contemplating suicide or because of a fatal illness. It goes without saying that, as a community, we would wish every resource available to be poured into preventing the deaths of those people if it is humanly possible. Indeed, Mr Speaker, the issue of health care, including mental health care, has been the most serious debate in politics, both locally and nationally, for many years. Health care is the largest single budget item for most State and Territory jurisdictions and will continue to be so as new and better ways for treating illnesses emerge. The provision of health services is one of the most stringent areas of assessment of any government's performance in providing services to its community, and I expect that this will also remain the case for many years.

What Mr Moore's Bill seeks to do is to provide that people in the terminal stages of a terminal illness, at their own instigation and only at their own instigation - a point that Mr Osborne seems to have missed - may seek help to end their lives. For the overwhelming majority of people, Mr Speaker, this will never be an issue, and thank heavens for that. Most of us will probably die relatively free of pain, because we die very suddenly, after falling into a coma or - and this is very important - with effective pain control and palliative care provided in our community by a service which we have every reason to be proud of. There are, however, a small number of people for whom death does not follow this course. There are people who know that they have a terminal illness and that death is inevitable and who continue to suffer severe pain which the best of care does not effectively relieve. I have heard that 15 per cent of dying patients are in this category. Even amongst this 15 per cent, many will choose to live for as long as they possibly can despite the pain and suffering. That is the case. We know that. For some, however, faced with continuing pain and an inevitable death, the option of assisted suicide may seem preferable.

I cannot see any benefit to those people themselves, to the community or to any other entity in denying that small group of people this additional option. As I said earlier, I cannot imagine myself ever taking that course of action, but I have never suffered intractable pain, especially not with the knowledge that death was the only possible outcome. It is equally difficult for us to imagine anybody we care about, whether it is a friend or family member, seeking voluntarily to part with us a minute sooner than nature might have intended. But I repeat that I see no great moral good in obliging those people to continue their suffering, particularly if that continued suffering is only for my peace of mind or that of the rest of the community. The decision to end life must be taken by the patient. There is no other course of action envisaged by the Bill before us, and nor should there ever be. Equally, the decision to assist in ending life must be taken by those best

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