Fix 2
Require a formal coercion assessment

Currently there is no requirement for medical practitioners to undertake a formal coercion assesment.

 

Currently there is no requirement for medical practitioners to ask the applicant questions such as:

  • Has someone else suggested they make an assisted dying request?

  • Has anyone exerted pressure of any kind on them?

  • Are they experiencing any form of bullying? 

  • Are they seeking to relieve a burden – whether actual or merely perceived?

  • Are they seeking to provide a financial advantage to others through their death?

  • Have they, or are they currently experiencing elder abuse of any kind?

  • Are they concerned about their current or ongoing healthcare costs?

  • Are they worried about their personal financial situation?

  • Are they experiencing isolation or estrangement from family or friends?

  • Has anyone close to them recently chosen to end their life?

The current requirement for a medical practitioner to “do their best to ensure that the person expresses their wish free from pressure” as an assessment for coercion is far too subjective, lacking in necessary definition, and largely unmeasurable. This makes the Act extremely unsafe.

It is hard to see how a medical practitioner could be successfully prosecuted for failing a patient in this regard, as the legal standard they have to meet is so inadequate and vague.

This amendment will require a formal and comprehensive assessment for coercion to be undertaken in order to ensure that medical practitioners are complying with best-practice standards to proactively investigate whether or not coercion is present. 

 
 

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