Voluntary Assisted Dying Bill 2021
Plain English Summary
Overview
This bill establishes a voluntary assisted dying scheme in Queensland, giving eligible adults who are suffering from a terminal condition the legal right to choose the timing and manner of their death with medical assistance. It creates a detailed request and assessment process with extensive safeguards, an independent oversight board, and legal protections for participating health practitioners.
Who it affects
People with terminal illnesses who are suffering intolerably gain a new end-of-life choice. Health practitioners can choose to participate or conscientiously object, and hospitals and aged care facilities must facilitate access even if they do not support voluntary assisted dying.
Key changes
- Adults with an advanced, progressive condition expected to cause death within 12 months can request voluntary assisted dying through a staged process involving three requests and two independent medical assessments
- Self-administration is the default method, with practitioner administration available where self-administration is inappropriate — nurse practitioners and registered nurses can act as administering practitioners
- Health practitioners may conscientiously object but must refer patients to other services or the official care navigator service
- Hospitals, aged care facilities and hospices that object to voluntary assisted dying must still facilitate access, including allowing visiting practitioners or transferring residents
- A Voluntary Assisted Dying Review Board provides independent oversight, reviews compliance for each completed request, and reports annually to Parliament
- Offences include unauthorised administration of the substance (up to 14 years imprisonment) and inducing someone to request or self-administer by coercion (up to 7 years)
- Deaths under the scheme are recorded as being from the underlying condition, not suicide, and are not reportable deaths under the Coroners Act
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee25 May 2021View Hansard
Referred to Health and Environment Committee
The Health and Environment Committee examined the Voluntary Assisted Dying Bill 2021 over three months, receiving over 6,000 submissions and holding public hearings across regional and south-east Queensland. The committee recommended the bill be passed without amendment, finding it struck an appropriate balance between providing end-of-life choice for terminally ill Queenslanders and safeguarding vulnerable persons. The committee also called on the Commonwealth Government to amend the Criminal Code Act 1995 (Cth) to clarify that voluntary assisted dying is not suicide, and urged the Commonwealth Director of Public Prosecutions to issue charging guidelines so that practitioners using telehealth would not face prosecution. Three committee members filed dissenting views opposing the bill.
Key findings (5)
- The committee found strong community support for voluntary assisted dying legislation, building on a previous parliamentary inquiry that received nearly 5,000 submissions with the majority supporting reform
- The bill's eligibility criteria, assessment processes and safeguards were considered well-balanced, drawing on the Queensland Law Reform Commission's legal framework (Report No. 79)
- Stakeholders raised concerns about equitable access to the scheme for people in regional, rural, remote and Indigenous communities, and the committee encouraged Aboriginal and Torres Strait Islander representation during implementation
- The committee endorsed the principle that high-quality palliative care should be available to all Queenslanders and noted additional government funding for palliative care services
- Commonwealth telecommunications law was identified as a barrier to delivering the scheme via telehealth in regional areas, prompting the committee's recommendations to the Commonwealth Government
Recommendations (3)
- The committee recommends the Voluntary Assisted Dying Bill 2021 be passed.
- The committee recommends that the Commonwealth Government amend the Criminal Code Act 1995 (Cth) by inserting a definition declaring that 'suicide' does not include voluntary assisted dying carried out lawfully pursuant to a law of a state or territory.
- The committee recommends that as a matter of urgency the Commonwealth Director of Public Prosecutions issue prosecutorial charging guidelines indicating that the offences in sections 474.29A and 474.29B of the Criminal Code Act 1995 (Cth) will not be prosecuted where a doctor or other person is acting in accordance with the procedure outlined in state or territory voluntary assisted dying laws.
Committee report tabled
▸Second Reading14 Sept 2021View Hansard
That the amendment be agreed to
Vote on amendments moved by the member for Toowoomba South (Mr Janetzki) to strengthen safeguards in the Voluntary Assisted Dying Bill, including tightening eligibility requirements, requiring specialist and psychiatric assessments, and protecting institutional conscientious objection.
The motion passed.
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Ayes (50)
Noes (40)
That the motion, as amended, be agreed to
Vote on the second reading motion for the Voluntary Assisted Dying Bill as amended by the Toowoomba South amendments, to advance the bill to the consideration in detail stage.
The motion passed.
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Ayes (52)
Noes (38)
▸1 procedural vote
Vote to end debate
Government motion (gag) moved by the Leader of the House to end debate on the KAP amendment which sought to defer the bill until the government committed to $275 million per year in additional palliative care funding.
Debate was ended and a vote was forced.
A procedural vote to end debate and force an immediate decision. Sometimes called a “gag motion”.
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Ayes (53)
Noes (37)
▸90 members spoke56 support30 oppose4 mixed
Strongly supported the bill based on personal experience of her grandfather's death from cancer and her mother's career in palliative care. Argued palliative care and VAD are not mutually exclusive and can work in parallel.
“I wholeheartedly support this legislation. It provides the right framework and safeguards for our community.”— 2021-09-15View Hansard
Moved the second reading as Deputy Premier, arguing the bill is fundamentally about compassion, autonomy and giving dying Queenslanders control over their end of life, supported by 80 per cent of the community.
“This bill is fundamentally about compassion, but it is also about giving back control to people who have had their autonomy stripped from them by illness.”— 2021-09-14View Hansard
Opposed the bill on the grounds that euthanasia undermines the foundation of law and medicine, citing concerns about elder abuse, lack of effective safeguards, and the potential for scope expansion.
“This bill has the potential to become an insidious new form of elder abuse. That is simply not acceptable, and we as the parliament of Queensland should reject it.”— 2021-09-15View Hansard
Opposed the bill on grounds that it unintentionally devalues the lives of the poor, remote and sick by offering VAD access nine months before palliative care eligibility, creating a choice based on bank balance rather than genuine autonomy.
“I believe this bill unintentionally but unavoidably puts a lesser value on the life of the poor, the remote and the sick.”— 2021-09-14View Hansard
Supported the bill drawing on personal experience of his grandfather's death from lung cancer. Outlined key features of the bill including eligibility criteria and safeguards, and argued it adds another choice alongside palliative care.
“All Queenslanders deserve choice in their own ending as they have had in their life.”— 2021-09-15View Hansard
Spoke as Minister for Health in support of the bill, addressing concerns about palliative care funding, conscientious objection provisions, and sharing the personal story of her mother's death from young onset Alzheimer's.
“A conscience vote does not mean you think about your own personal views. I have a responsibility to think about all Queenslanders and what they deserve and the right for them to choose, not just my own personal choice.”— 2021-09-14View Hansard
Opposed the bill citing concerns about the lack of palliative care in regional Queensland, the 12-month timeframe conflicting with three-month palliative care access, inadequate protections for faith-based institutions, and risks to the vulnerable, elderly and disabled.
“The core values that underpin my morality and social ethics include hope and, while life is full of grey and full of complexity, while it may seem a simple statement, for me, for my conscience, life is life. It is not for our choosing, nor for the state to take it away.”— 2021-09-15View Hansard
Opposed the bill citing concerns about scope creep, erosion of the prohibition on intentional killing, inadequate protections for conscientious objectors and institutions, and the risk to vulnerable people. Tabled 54 amendments to improve safeguards.
“I believe the evidence supports the raising of the risk of scope creep. That is because scope creep is obvious to anyone observing the few jurisdictions that have legalised VAD over the past 30 years.”— 2021-09-14View Hansard
Supported the bill on philosophical grounds of individual freedom and choice, arguing that denying someone the right to a dignified death when facing terminal illness is unjustifiable. Supported the bill without amendment including provisions on conscientious objection and faith-based facilities.
“This debate is not about a meaning to life; it is about what meaning there is in denying someone the right to a death that they perceive to be more dignified, more caring, more loving and more gracious at their end of life when faced with a cruel and unbearable terminal illness.”— 2021-09-15View Hansard
Supported the bill as Attorney-General, praising the QLRC's work on safeguards, the balance between institutional and individual rights, and sharing her personal experience of her grandfather's death from terminal brain cancer.
“This is not a choice between life and death; it is a choice for those who are dying, that is, to be able to make the choice to have dignity in death.”— 2021-09-14View Hansard
Supported the bill drawing on her experience watching her mother die of bowel cancer. Initially had questions about coercion and conscientious objection but came to support the bill after seeing the legislation and consulting widely.
“This bill gives us the opportunity as members of parliament to support people to not only live their lives with dignity but also end it with dignity.”— 2021-09-15View Hansard
Supported the bill on the basis of individual freedom and responsibility, arguing it balances competing rights in favour of the dying person and that amendments seeking to frustrate access should be viewed with scepticism.
“If dying is a part of life, as it undoubtedly is, then the ability for people who have a terminal disease and the capacity to do so—to choose how they die and when they die—is part of what is involved in taking responsibility for their lives.”— 2021-09-14View Hansard
Supported the bill based on 81 per cent support from his electorate and his experience as a police officer attending deaths of Queenslanders who had taken their own lives due to lack of options. Also supported amendments by the member for Toowoomba South.
“One of the primary reasons I am supporting this legislation today is because of the number of deaths I have attended where Queenslanders have taken their own life.”— 2021-09-15View Hansard
Strongly supported the bill as chair of the Health and Environment Committee, drawing on three years of inquiry work, 11,000 submissions, and personal experience including the loss of his brother and sister-in-law to cancer.
“By passing this bill, we will finally give those suffering a terminal illness in Queensland the choice to go out on their own terms with dignity, to end the misery and the awful, intolerable, needless suffering.”— 2021-09-14View Hansard
Strongly supported the bill as Premier, drawing on personal experiences of losing her grandmother and uncle. Praised the committee process and committed additional funding for palliative care alongside VAD.
“This is about the choice of an individual to say how they wish to end their life with dignity. Dignity is a word that I hold dear to me.”— 2021-09-15View Hansard
Supported the principle of choice but expressed serious concerns about institutional conscientious objection, advance health directives not being covered, and inadequate palliative care in rural and remote Queensland. Urged members to support amendments protecting entities.
“Today I rise to fundamentally support the principle of choice. I have wrestled with this at length over the past three months.”— 2021-09-14View Hansard
Supported the bill through her cultural lens as a Torres Strait Islander woman, explaining traditional cultural practices around grief and loss. Argued that the missing element in all end-of-life stories is the voice of the person experiencing terminal illness and their right to choose.
“As I reflect on my cultural practices in dealing with grief and loss and listening to the stories shared in this House, the one thing that we all have in common and the one thing that is missing from all of our stories is the voice of the person experiencing terminal illness and their right to choose to die in dignity.”— 2021-09-15View Hansard
Supported the bill as a committee member, speaking on behalf of hundreds of Queenslanders who shared their stories, emphasising that VAD is voluntary, safe and offers choice alongside palliative care.
“I heard you, I support you and I support choice.”— 2021-09-14View Hansard
Supported the bill after initially struggling with the concept, drawing on losing both parents to cancer. Acknowledged reservations but concluded that compassion for the individual must be held in higher regard than the rights of institutions.
“Though vexed, if a decision is required to be made between the two, compassion for the individual must always be held in higher regard than the rights of an institution.”— 2021-09-15View Hansard
Opposed the bill in his dissenting report, arguing it is not safe, that medical authorities mainly oppose it, that the majority of submissions were against, and citing eight specific findings on failings including eligibility, coercion, mental illness protections and complications.
“I formed the view that this bill is not safe, it is not good law, it does not solve the critical issues of end of life and creates a range of unacceptable outcomes, risks and dangers, now and into the future.”— 2021-09-14View Hansard
Opposed the bill alongside fellow KAP members, citing concerns about the inability for faith-based organisations to conscientiously object, the treatment of death certificates, risks of elder abuse through coercive control, and insufficient mental health assessment requirements.
“Today I will stand in this House and vote against this legislation—with those doctors, with my faith, with my fellow KAP members and with anyone else who wants to stand with us.”— 2021-09-15View Hansard
Supported the bill as a committee member, arguing Queensland will have the best VAD scheme in Australia, that the voices of dying people must be prioritised, and warning against amendments that would disrupt the QLRC's careful balance on institutional participation.
“In the two parliamentary inquiries not one witness came before either committee to say, 'As a dying person I do not believe Queenslanders should have a choice at end of life.'”— 2021-09-14View Hansard
Supported the bill without amendment, drawing on personal experiences of family members dying including her father, mother and brother-in-law. Argued that palliative sedation already occurs and that people make choices about their health every day.
“I believe that the protections in the voluntary assisted dying laws ensure that there will not be one more extra death but there will be a lot less suffering.”— 2021-09-15View Hansard
Opposed the bill arguing it will put enormous pressure on the poor and vulnerable, that safeguards will erode over time as seen in Canada and elsewhere, that palliative care is scandalously underfunded, and that the bill requires doctors to falsify death certificates.
“No matter how many safeguards you put in this bill, all of our vulnerable groups will inevitably feel extraordinary internal pressure to opt for assisted dying when a choice is presented to them.”— 2021-09-14View Hansard
Supported the bill without amendment from a former police officer's perspective, having attended traumatic scenes of terminally ill people who took their own lives. Satisfied with safeguards around substance storage and protections against elder abuse.
“I am so sorry for those for whom this legislation has come and will come too late and I am sorry for those who live with the trauma left behind by those who felt they had no choice, but we can change that now.”— 2021-09-15View Hansard
Supported the bill arguing it empowers ordinary working people to have equal access to end-of-life choices already being made within the medical system, and rejected the use of palliative care as a shield against the bill.
“This legislation allows everyday Queensland families to have equal access to the choices that are already being made within our system. It allows them to take control.”— 2021-09-14View Hansard
Opposed the bill on the grounds that VAD was being offered before adequate palliative care was in place, citing concerns about coercion, elder abuse, data from Belgium and Oregon, and lack of institutional conscientious objection. Supported the member for Toowoomba South's amendments.
“As it stands, I do not believe that this is the best possible legislation available and I will therefore not be supporting the bill.”— 2021-09-15View Hansard
Opposed the bill and moved an amendment to defer it until $275 million per year in additional palliative care funding was committed, arguing the legislation creates a rich-versus-poor divide due to health inequities in remote areas.
“The proposition I am making is that health care diminishes, perhaps incrementally, the further you move out from the Brisbane CBD and the metropolitan areas.”— 2021-09-14View Hansard
Supported the bill reflecting on her father's death from lung cancer just two weeks before his planned retirement. Spoke as an Aboriginal woman about the cultural dimensions of death and the importance of choice.
“These are hard conversations. These are hard decisions for families and for individuals, but choice is at the heart of this and that is why I support this bill.”— 2021-09-15View Hansard
Opposed the bill, supporting the KAP amendment for additional palliative care funding, and later spoke again in the main debate arguing it is not the function of government to legislate death by suicide and that safeguards will be exploited.
“If this bill passes, those living in remote areas will have the option of assisted dying but will not have access to the option of assisted living.”— 2021-09-14View Hansard
Opposed the bill despite acknowledging strong community support, based on 33 years of nursing experience. Raised concerns about legal implications for nurses who follow their ethical obligations, and his strong professional belief that palliative care can provide dignified death.
“Due to the extremely serious legal implications for nurses and other health workers in this bill, and the other issues that I have not explored fully in this contribution, as well as my strong professional belief that palliative care can provide dignified death and that that should be our priority, I cannot support this bill.”— 2021-09-15View Hansard
Spoke in support of the KAP amendment to defer the bill until $275 million in additional palliative care funding was committed, arguing palliative care is completely underfunded across Queensland.
“We seek to stop the debate today on legislation that will essentially open the door to assisted suicide for people who cannot afford or cannot access reasonable palliative care.”— 2021-09-14View Hansard
Supported the bill as an independent member, noting over 90 per cent support in her electorate surveys. Argued against last-minute amendments that had not been through extensive scrutiny and emphasised that choice alone may provide the comfort sought.
“Is there no greater demonstration of love and compassion than to empower others at their end of life?”— 2021-09-15View Hansard
Opposed the bill as a specialist physician and former AMA Queensland president, arguing that insufficient safeguards exist, practitioners lack required specialist qualifications, palliative care is grossly underfunded, and clinical guidelines have no enforceability.
“Providing Queenslanders with an avenue to death, whilst experiencing vulnerabilities, without adequate protections and safeguards, whilst also not meeting the needs and providing access to evidence based, multidisciplinary palliative care for all Queenslanders, is quite simply unacceptable.”— 2021-09-14View Hansard
Supported the bill on the principle that it is not the role of parliament to dictate moral positions not broadly held in the community. Shared the story of constituent Del Wilson whose husband Terry suffered with motor neurone disease.
“The reality is that it is not a view so widely held that it is justified to use the power of the state, the authority of this parliament, to enforce it.”— 2021-09-15View Hansard
Wholeheartedly supported the bill, describing it as civilised and compassionate, sharing the very different deaths of both his parents from cancer and arguing that individual life belongs to the individual.
“How can the ultimate delivery of mercy and compassion to a newly empowered individual be anything but civilised?”— 2021-09-14View Hansard
Opposed the bill arguing that it fails to protect the most vulnerable patients, citing evidence from Victoria that people access VAD for existential reasons rather than unmanageable pain. Referenced Paul Keating's critique and concerns about elder abuse and incorrect diagnoses.
“Together let us not take this extreme option that does not eliminate pain, but instead create great palliative care for Queensland.”— 2021-09-15View Hansard
Acknowledged flaws in the bill but indicated he would vote with his head and heart, supporting choice while expressing concerns about vulnerable people and hoping amendments would address weaknesses.
“At the end of this debate, I will vote with my head but with my heart at the centre of my decision.”— 2021-09-14View Hansard
Supported the bill on individual freedom grounds, citing LNP values of freedom and dignity. Over 82 per cent of his electorate supported VAD. Argued the bill strikes the right balance between individual choice and protecting the vulnerable.
“I will be voting in support of the bill because I believe that every Queenslander deserves the freedom to live and to die with dignity.”— 2021-09-15View Hansard
Supported the bill on the basis of freedom of choice, saying a rational thinking person with terminal illness should be able to make their own decision, and that the safeguards are fair and reasonable.
“I believe a rational thinking person who is suffering from a terminal illness should be able to make their own decision about their limited future.”— 2021-09-14View Hansard
Supported the bill as Minister for Seniors and Disability Services and as an ex-paramedic. Addressed concerns for seniors, people with disability, and Aboriginal and Torres Strait Islander Queenslanders, noting the bill's decision-making capacity requirements as a key safeguard.
“It is out of respect for them and the many more who face a similar agonising end that I support this bill.”— 2021-09-15View Hansard
Opposed the bill primarily because rural and remote Queenslanders lack access to palliative care, sharing the story of an Indigenous woman from Boulia who had to travel by bus to Toowoomba for pain relief and arguing the bill creates inequitable end-of-life choices.
“As a country MP, as the member for Gregory, I absolutely cannot vote for these laws that do not adequately address what I see as an absolute essential first, and that is palliative care.”— 2021-09-14View Hansard
Opposed the bill arguing it does not achieve its goals equitably, particularly for those without good GP relationships or supportive families. Cited concerns that it disincentivises palliative care advancements and may not work well for vulnerable people.
“Crossing a substantial moral and ethical threshold assuming palliative medicine will not advance any further is a shortcut.”— 2021-09-15View Hansard
Supported the bill after careful consideration, acknowledging all sides of the debate and sharing that his father's last words were 'Just let me go', which confirmed his position.
“I will never forget the final words of my father before he passed. He said, 'Just let me go.' That is why I will be supporting this bill.”— 2021-09-14View Hansard
Expressed personal belief in individual choice but deep concerns about safeguards, conscientious objection for medical practitioners and facilities, and potential for abuse. Voted based on a slim majority of his electorate in favour but expressed strong reservations.
“Whilst I personally agree with the right of the individual to take charge of their own life, I also do not believe you should force a medical practitioner who has a conscientious objection to this course of action to search for and provide another medical provider.”— 2021-09-15View Hansard
Supported the bill noting the Greens' 24-year history of supporting voluntary assisted dying, sharing her grandparents' different deaths, and acknowledging concerns from disability and First Nations communities while being satisfied with the safeguards.
“The key here is choice, and in Queensland this week we will be legislating the choice to die with dignity.”— 2021-09-14View Hansard
Supported the bill as providing another option for terminally ill Queenslanders. Drew on her own mother's death from cancer and constituent stories. Emphasised the bill's robust safeguards and highlighted the government's commitment to increasing palliative care funding.
“Susan said that in certain cases we should not view voluntary assisted dying as a choice between life and death but a choice between peace and despair.”— 2021-09-15View Hansard
Expressed deep support for VAD, sharing constituent stories including those of friends with terminal cancer, arguing every Queenslander should have the freedom of choice about their end-of-life journey.
“Put very simply, this bill for me is about giving all Queenslanders the freedom of choice.”— 2021-09-14View Hansard
Supported the bill sharing constituent stories including Peter, Georgia and Julie who was living with stage 4 colon cancer. Argued that Queenslanders should be empowered to consider all options when facing terminal illness.
“Right now, Queenslanders and their families are not empowered to consider all of the options available when it comes to dying. Being powerless is wrong.”— 2021-09-15View Hansard
Opposed the bill arguing it allows VAD for people not in pain (only 'suffering'), that palliative care is grossly underfunded creating a postcode lottery, and that safeguards against elder abuse and coercion are insufficient.
“Under this bill, to be eligible for euthanasia in Queensland does not require someone to be in pain. Pain is not mentioned until page 67 of this bill.”— 2021-09-14View Hansard
Opposed the bill arguing that calling it 'dying with dignity' does not remove the reality of terminating lives. Cited inadequate palliative care funding, the nine-month gap between VAD access and palliative care eligibility, and the risk to vulnerable people. Nearly two-thirds of his constituents opposed the bill.
“I am guided by my support for human life, and my position has not changed. Our laws should always protect the most vulnerable. This does not.”— 2021-09-15View Hansard
Supported the bill arguing that current options for terminally ill people are unacceptable—refusing treatment, starvation, palliative sedation or suicide—and that 80 per cent of his community supported VAD.
“Every four days in Queensland a person suffering a terminal illness takes their own life. Due to the current limited legal options for those who are dying and wish to end their suffering, the only actions available are to refuse medical treatment, food or hydration, palliative sedation or suicide.”— 2021-09-14View Hansard
Supported the bill based on values of truth telling, shared power, lived experience and evidence-based decision-making. Noted overwhelming support in her electorate and argued the bill creates space for honest and lawful end-of-life conversations.
“However, it is not legal, if you are dying and suffering beyond medical help, to end that suffering medically and with the supervision of a doctor.”— 2021-09-15View Hansard
As a nurse of 40 years, expressed deep tension between supporting individual choice and concerns about institutional conscientious objection, palliative care underfunding, and that the bill does not cover dementia patients. Stated her electorate was evenly split and her decision would have been easier if government had supported amendments.
“I believe in choice, but this bill does not cover all the scenarios. If the government had introduced their own amendments or supported our amendments then my decision would have been much easier.”— 2021-09-14View Hansard
Opposed the bill citing four main community concerns: lack of institutional conscientious objection, the 12-month timeframe versus three-month palliative care access, health practitioners being able to initiate VAD discussions, and underfunding of palliative care. Supported the LNP amendments.
“My whole being hurts for people facing great pain and terminal illness. No-one should die in pain, alone or afraid and everyone deserves the right to die with dignity. I will use my vote to try to achieve a better outcome for voluntary assisted dying reform in Queensland.”— 2021-09-15View Hansard
Strongly supported the bill, sharing the deeply personal story of her father's death from melanoma when she was 13 and arguing that amendments would undermine the extensive work of the QLRC.
“Who am I to deny that relief? Who are any of us to deny that relief?”— 2021-09-14View Hansard
Supported the bill influenced by his friend and predecessor Duncan Pegg's journey with cancer. Argued the bill gives terminally ill people comfort and an additional choice, noting 30 per cent of Victorian patients who accessed VAD medication did not ultimately use it.
“When I vote for this bill, I am thinking of you. I am also thinking of Duncan. I hope you beat this, but I also want you to have the choice if things do not improve.”— 2021-09-15View Hansard
Supported the bill because he believes in the right of people to make their own choices in life and death, with 72 per cent of his electorate in favour. Hoped amendments would improve the bill but supported it regardless.
“I believe in the right of people to make their own choices in life and now, I guess, in death.”— 2021-09-14View Hansard
Opposed the bill citing 64 per cent opposition in his electorate, concerns about guaranteeing voluntary and uncoerced decision-making, inadequate safeguards for faith-based providers, and insufficient qualifications for referring medical practitioners.
“Given the concerns of my community, which I also share, I cannot support the bill.”— 2021-09-15View Hansard
Briefly supported the bill, stating that Queenslanders nearing end of life should have greater choice about how, when and where they die, and that the bill has adequate safeguards.
“Queenslanders nearing the end of their life should have greater choice about how, when and where they die.”— 2021-09-14View Hansard
As Speaker, stated he would support the bill if he had a vote. Argued the bill provides an ethical and robust framework with sufficient safeguards including three assessments by two doctors and a review board.
“Members would be aware that as Speaker I would not be required to vote on this bill unless to break a deadlock with a casting vote. I wish to place on record that if I had a vote I would support this bill.”— 2021-09-15View Hansard
Opposed the bill arguing it is not safe legislation, citing weak safeguards including no requirement for specialist qualifications, no positive duty to investigate coercion, no psychiatric assessment, and no detailed record-keeping requirements.
“We are dealing here with a matter of life and death, and this bill does not do it justice.”— 2021-09-14View Hansard
Supported the bill drawing on his experience watching his father die from pancreatic cancer at age 20. Countered false claims about the legislation including that it would increase suicide rates, citing Switzerland's experience.
“In my view, on this topic we should not impose our personal views on others; that is, if a dying person is suffering and they wish to exercise the choice of voluntary assisted dying, who are we to say that that is not a valid choice?”— 2021-09-15View Hansard
Supported the bill to give people choice, sharing that although his own father chose to fight to his last breath, he changed his mind after hearing from constituents like Marj Lawrence about the suffering of terminally ill Queenslanders.
“I will be voting to have voluntary assisted dying introduced into Queensland as I want people to be able to have a choice if they are suffering at the end of their life.”— 2021-09-14View Hansard
Opposed the bill despite acknowledging it would pass, citing concerns about safeguards, protections for vulnerable people, the expansion of euthanasia in Canada as a cautionary example, and the role of speech pathologists in the process.
“I make no apology for fighting for what I see and believe as the right thing to do, and that is to exercise my conscience vote. I will be voting against this assisting dying legislation.”— 2021-09-15View Hansard
Supported the bill based on liberal values of freedom, agency and individual choice, citing John Stuart Mill and arguing for an individual's right to exercise control over their final decision, while noting concerns about conscientious objection provisions.
“This bill is about an individual's right to exercise control over the last decision they will probably ever make. This bill is about choice. This bill is about freedom.”— 2021-09-14View Hansard
Supported the bill to provide an additional end-of-life choice for Queenslanders suffering from terminal illness. Shared stories from close friends and constituents facing cancer diagnoses who wanted the right to choose.
“What this bill is seeking to do is, once again, simply provide that one more choice.”— 2021-09-15View Hansard
Supported the bill after deep reflection, sharing the story of his father dying from bowel cancer at age 46, and arguing that the choice to die should belong to the individual, not the living.
“The length of their life, which you, the living, do not want to see end, is not ours to determine; it is their choice and only their choice.”— 2021-09-14View Hansard
Opposed the bill while stating she does not fundamentally oppose voluntary assisted dying. Cited concerns about the current health system's capacity, chronic underfunding of palliative care, inadequate protections for vulnerable Queenslanders, and the need for amendments.
“I do represent both sides of the compass. We need to get this right and until we do I oppose this bill.”— 2021-09-15View Hansard
Opposed the bill, arguing that palliative care is grossly underfunded with seven hospital and health service areas having no dedicated palliative care beds, that GPs are concerned about no requirement for specialist or palliative care review, and that the overwhelming majority of her constituents oppose the legislation.
“If it was truly about a choice, there would be much better access to palliative care in all regions of this state.”— 2021-09-14View Hansard
Supported the bill as a complete package, arguing the QLRC framework successfully balances the desire to care for terminal patients with the need to protect against elder abuse. Opposed amendments as tinkering with a well-considered framework.
“I see this legislation as a complete package. I do not believe we should rush to tinker with it because each element plays an important role.”— 2021-09-15View Hansard
Supported the bill as Assistant Minister for Health, addressing concerns about practitioner qualifications and access in regional areas, noting the QLRC's deliberate decision not to require specialist qualifications to avoid creating barriers to access.
“I believe that people should be afforded the ability to make their own decision about their death when the time comes without the belief systems of others being placed over their personal decisions.”— 2021-09-14View Hansard
Opposed the bill as a former police officer, arguing it goes too far by allowing life to be taken well before the end-of-life process. Supported amendments but could not support the bill itself, citing concerns about coercion and insufficient protections.
“This bill, however, allows that circumstance but the bill goes much further than that situation. This bill goes way too far.”— 2021-09-15View Hansard
Supported the bill based on a community survey showing 92 per cent support, his LNP values of promoting freedom and the worth and dignity of the individual, and his assessment that the bill's protections against coercion are adequate.
“There are few more significant ways in which we can empower an individual than by giving them this choice.”— 2021-09-14View Hansard
Supported the bill at all stages while acknowledging a troubled conscience. Stated the eligibility criteria are at the outer limits of what the law should permit and declared implacable opposition to any future expansion to children, mental illness, or dementia.
“I accept that there is strong community support for this legislative change and I intend to reflect that support in how I cast my vote on the bill.”— 2021-09-15View Hansard
Supported the bill as Minister for Transport, sharing harrowing constituent stories and the story of Peter Simpson (ETU leader), arguing the current law is unjust and a contravention of basic human rights.
“I put the question: are we truly a compassionate society when these are all-too-common occurrences, that as a society we say that this is okay, that this is tolerable?”— 2021-09-14View Hansard
Strongly supported the bill as reflecting Greens policy and the clear majority of Queenslanders. As a former health committee member, argued the bill strikes the appropriate balance on safeguards. Called for future consideration of access for competent minors and dementia sufferers.
“This is a bill about choice and compassion. It is a bill about control and bodily autonomy. It is not a bill about dying so much as it is about dignity.”— 2021-09-15View Hansard
Opposed the bill on four grounds: it erodes the sanctity of life, it cannot protect vulnerable elderly people from subtle coercion, palliative care is not adequately funded across the state, and LNP party members voted against VAD policy.
“Pass these laws and you have crossed the Rubicon; there is no turning back.”— 2021-09-14View Hansard
Supported the bill drawing on his friendship with Duncan Pegg, who told him about his terminal illness at Brown's 40th birthday. Cited overwhelming community support including 93 per cent in the federal member for Bowman's survey.
“This legislation is about choice. It is about choice for people with a terminal illness that some will take and some will not.”— 2021-09-15View Hansard
Supported the bill with approximately 82 per cent community support, sharing the story of a school friend dying from cancer who begged him to end his suffering.
“He said, 'If I could get hold of a gun, it would be all over in 10 seconds.' That is what this bill will stop.”— 2021-09-14View Hansard
Opposed the bill arguing it represents an enormous change to the legal protection of life. Cited concerns about coercion of vulnerable terminally ill people, the 12-month eligibility period being too long, and the bill's restriction on conscientious objection by institutions.
“Removing freedom to act with one's conscience is something that totalitarian regimes do. Is this what members are proposing to support?”— 2021-09-15View Hansard
Supported the main thrust of the bill while opposing the compelling of institutions philosophically opposed to VAD. Based his decision on a friend's death from motor neurone disease, overwhelming support from his LNP branch members, and personal reflection.
“If God ordains that my life and my time on earth is up, I would set a date, say goodbye to all my family and friends, put in place all provisions for my family's life after my departure and have the best last party that anyone could have.”— 2021-09-14View Hansard
Opposed the bill in its current form despite his natural inclination towards individual freedom. Raised concerns about self-administration at home, lack of institutional conscientious objection, elder abuse risks, and the offence for discouraging a family member from accessing VAD.
“My concerns remain and I am not yet convinced that the safeguards in the bill are satisfactory to protect vulnerable Queenslanders—safeguards for the vulnerable and safeguards for the health professionals.”— 2021-09-15View Hansard
Supported the bill based on overwhelming community support (10 to 1), confidence in the QLRC's legal framework, and personal experience including the death of his friend Peter Simpson from cancer.
“This legislation will not cause one extra death; it will, however, cause a lot less suffering at the end of life.”— 2021-09-14View Hansard
As Deputy Premier, delivered the reply speech strongly defending the bill and urging members to vote against amendments. Argued the bill was carefully designed by experts and subjected to three rounds of consultation, and that amendments would make it incoherent and unworkable.
“If members believe in respecting the wishes of people who are suffering and dying and want to have an additional end-of-life choice then they should vote in favour of this bill.”— 2021-09-15View Hansard
Supported the bill sharing the story of her uncle Alan Pugh's death from bowel cancer in New Zealand, noting her family's support for VAD in the NZ referendum, and arguing the legislation is about giving terminally ill people dignity and control.
“Human life, I think we can all agree, is truly sacred and beautiful, but human suffering is not.”— 2021-09-14View Hansard
Opposed the bill citing inadequate protections for vulnerable people, unequal access to palliative care in regional areas, and concerns about conscientious objection provisions that prevent loved ones from dissuading patients. Supported amendments but not the bill.
“If the palliative care that is available to them, such as in places that I represent, is inferior to what others in Queensland might receive, it follows naturally that they would be more likely as a group to elect to take voluntary assisted dying.”— 2021-09-14View Hansard
Supported the bill as a former health committee member, arguing that terminally ill people are already choosing to end their lives in violent ways and they deserve better, with adequate safeguards in place.
“I believe if terminally ill people make a choice to end their life on their own terms, we as a society should provide the support they need to make it as comfortable as possible for them and their families.”— 2021-09-14View Hansard
Opposed the bill based on his Christian faith and expert concerns from Palliative Care Queensland and 19 former AMA presidents about inadequate safeguards, palliative care funding shortfall, and the pandemic's impact on mental health.
“Though it pains me to disappoint many in my electorate of Glass House, when my moral compass and the experts align, I cannot possibly support this legislation.”— 2021-09-14View Hansard
Supported the bill after extensive consideration, arguing there is no dignity in suffering and that people should have the option to leave this life if palliative care cannot provide relief. Expressed disappointment that a compromise on faith-based institutions could not be reached.
“I do not believe there is dignity in suffering. I do not believe that we should allow ongoing suffering and pain.”— 2021-09-14View Hansard
▸In Detail15 Sept 2021 – 16 Sept 2021View Hansard
Amendments 1-2 to clause 5 (Principles): sought to require all persons exercising powers under the Act to have regard to the principles, including QCAT, rather than just stating the principles as a general statement.
Amendments 3-5 to clause 7 (Health care worker not to initiate discussion): sought to remove the exception allowing health workers to raise VAD when advising on palliative care, aligning Queensland with Victoria, South Australia and New Zealand.
Amendments 6-9 to clause 10 (Eligibility): sought to reduce the eligibility timeframe from 12 months to 6 months (with 12 months retained for neurodegenerative conditions), require the condition be incurable, and define mental suffering as a foreseeable consequence of the diagnosed condition.
Amendments 36-38 to clauses 88-90: sought to strengthen institutional conscientious objection by requiring patient transfer rather than allowing visiting practitioners to perform VAD in objecting facilities.
Amendments 39-41 to clause 134 (Annual report): sought to change annual reporting to six-monthly reporting and expand reporting requirements to include reasons for requests, adverse reactions, time to death, practitioner qualifications and palliative care access data.
Amendment 47 (new clause 154A): sought to require the Minister to report annually on palliative care spending, with a mandatory review of the Act's effectiveness triggered if spending declines.
▸12 members spoke3 support9 oppose
Repeatedly challenged the Deputy Premier on palliative care access, arguing that funding restrictions mean most Queenslanders cannot access specialist palliative care until three to six months from death. Demanded a government guarantee for early access to quality palliative care.
“People can be referred to palliative care at any time, including to receive an initial assessment. Specialist palliative care is available throughout Queensland for patients referred by their treating clinician, including referrals that occur early in the course of a patient's terminal illness.”— 2021-09-16View Hansard
Moved extensive amendments drawn from the Queensland Law Society, Bar Association and medical authorities to strengthen safeguards, including restricting health workers from initiating VAD discussions, reducing the eligibility timeframe from 12 to 6 months, enhancing reporting requirements and requiring annual palliative care spending reports. All amendments were defeated.
“Centuries of medical and legal precedent will be overturned here today. The information that is to be caught and captured and examined in the future is extraordinarily important as a protection under this bill.”— 2021-09-16View Hansard
Had carriage of the bill as Deputy Premier. Defended the bill against all amendments, arguing they diverged from the evidence-based recommendations of the Queensland Law Reform Commission. Emphasised that palliative care and VAD are complementary, not competitive, and cited Victorian evidence that VAD is accessed more by urban, educated, higher-income people.
“Members do not have to choose between palliative care and voluntary assisted dying; they are not competitive. They, in fact, can and do operate side by side.”— 2021-09-16View Hansard
Despite opposing the bill overall (voted noes on 2nd and 3rd reading), engaged constructively during CiD. Supported the amendment to clause 7 restricting health workers from initiating VAD discussions, arguing the patient should be at the centre of care decisions, while expressing disappointment at the late circulation of amendments.
“I feel inadequate to make judgements on some of these difficult issues and to examine their underlying meaning and their unintended consequences.”— 2021-09-16View Hansard
As a medical practitioner, supported multiple amendments including restricting initiation of VAD discussions to avoid coercion, reducing the eligibility timeframe from 12 to 6 months citing prognostic inaccuracy, and enhancing reporting requirements. Advocated for a universal service obligation for palliative care.
“Giving an accurate assessment 12 months prior to death is a difficult task for even the most experienced doctor, let alone for one who has little or no knowledge of the disease as it progresses or of end-of-life care.”— 2021-09-16View Hansard
Supported the amendment to clause 7 on coercion grounds, arguing it aligned with other jurisdictions including Victoria, South Australia and New Zealand. Expressed deep concern about elder abuse risks from allowing health workers to initiate VAD discussions.
“This clause is talking about initiating discussion with people which can only go to coercion. It can only go to, unfortunately, an aspect of elder abuse.”— 2021-09-16View Hansard
Argued there is an inherent bias in the system against rural and remote Queenslanders who lack adequate health care and palliative care, making them more prone to choosing VAD. Called on the government to acknowledge this disparity rather than dismiss it.
“If you do ever measure that disparity—it would be a really big, tough thing to do—you must recognise that there is an enormous bias in this system now that will be to the disbenefit of people who live in rural areas.”— 2021-09-16View Hansard
Supported the bill overall (voted aye on 2nd and 3rd reading) but also supported specific amendments to reduce the eligibility timeframe from 12 to 6 months, citing medical evidence on the inaccuracy of 12-month prognoses.
“I will be supporting the Deputy Leader of the Opposition on this matter. I hope that some of these amendments will ease some of the concerns that have been put forward to us.”— 2021-09-16View Hansard
Supported the amendment to require six-monthly rather than annual reporting, citing Victoria and South Australia precedents. Expressed concern about potential for reports to be buried and delayed under the annual reporting model.
“As the only unicameral parliament in our nation, we rely very heavily on our committee structure to provide a level of accountability and transparency.”— 2021-09-16View Hansard
Supported the bill overall (voted aye on 2nd and 3rd reading) and also supported the enhanced reporting amendment, arguing transparency would ease fears and show that concerns are not backed by data, as Victorian evidence demonstrates.
“Enhanced reporting is a good thing. It is something that we should not be fearful of. I think for everyone who supports giving people this choice, this will ease many of the fears that they have.”— 2021-09-16View Hansard
Implored the government to ensure adequate palliative care funding for Western Queensland, arguing that stoic rural people may choose VAD because they do not want to burden their families rather than because they lack access to care.
“If there is one thing we can do for people in Western Queensland and regional Queensland, it is to make sure that we have the palliative care funding we need for them.”— 2021-09-16View Hansard
Highlighted that seven of 15 Queensland Hospital and Health Services have no palliative care beds, covering 1.6 million square kilometres. Cited constituents driving seven hours to access oncology services.
“Out of the 15 HHSs in Queensland seven do not have any palliative care beds. What does that equal? That equals nearly 1.6 million square kilometres in this state.”— 2021-09-16View Hansard