Legislating our right to die

© 1997 Dr. Fiona Catherine HumThis thesis argues that the enactment by the Northern Territory Legislative Assembly in 1995 of the Rights of the Terminally Ill Act 1995 (NT), (‘the Act’) did not advance, but rather diminished, a patient’s right to request and receive assistance to die at the time it was in operation. The author suggests the Act failed to achieve the goal of balancing competing interests (patient autonomy versus procedural safeguards) and instead created unnecessarily complex legal and institutional obstacles for terminally ill patients. Despite the positively stated intentions of the main proponent of the legislation, Mr Perron, the parliamentary drafters of the Act erred on the side of caution. Consequently, it was difficult, if not at times impossible, for persons to use the Act in a way which led to results consistent with the Act’s intended purpose. The complex procedural regime set up by the Act, indicates a regressive shift from a patient’s right to undertake an autonomous decision-making process towards a decision process governed by medical paternalism and State intervention. The central argument presented in this thesis is that the rights of patients to take control of their own body and the manner of their own death, will be eroded rather than enhanced if the legislation in the form discussed becomes enacted. Possible alternatives to legislating on euthanasia and physician-assisted suicide are suggested by the author

Legislating our right to die

© 1997 Dr. Fiona Catherine HumThis thesis argues that the enactment by the Northern Territory Legislative Assembly in 1995 of the Rights of the Terminally Ill Act 1995 (NT), (‘the Act’) did not advance, but rather diminished, a patient’s right to request and receive assistance to die at the time it was in operation. The author suggests the Act failed to achieve the goal of balancing competing interests (patient autonomy versus procedural safeguards) and instead created unnecessarily complex legal and institutional obstacles for terminally ill patients. Despite the positively stated intentions of the main proponent of the legislation, Mr Perron, the parliamentary drafters of the Act erred on the side of caution. Consequently, it was difficult, if not at times impossible, for persons to use the Act in a way which led to results consistent with the Act’s intended purpose. The complex procedural regime set up by the Act, indicates a regressive shift from a patient’s right to undertake an autonomous decision-making process towards a decision process governed by medical paternalism and State intervention. The central argument presented in this thesis is that the rights of patients to take control of their own body and the manner of their own death, will be eroded rather than enhanced if the legislation in the form discussed becomes enacted. Possible alternatives to legislating on euthanasia and physician-assisted suicide are suggested by the author

Inconsistencies, Improbabilities and Impossibilities in the Case of cardinal Pell: A Reply to Memory Science

This article is a rejoinder to Goodman-Delahunty, Martschuk and Nolan’s article published in the Criminal Law Journal in 2020. In particular, the authors critically evaluate the arguments by the psychological researchers that the High Court decision in Pell v The Queen was based upon a misunderstanding of an application of memory science involving routine practices versus singular impactful events. The authors contend their narrow focus on memory science rather than other relevant issues associated with the mind, is flawed. Their approach also overlooked the sheer weight of evidence for the defence presented at trial and the forensic disadvantage faced by Pell after 22 years. The authors argue that the High Court’s reasoning was rightly based on concerns that an innocent person had been convicted because the evidence did not establish guilt beyond a reasonable doubt

Australian Uniform Evidence Law

Now in its second edition, Australian Uniform Evidence Law provides a clear and accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text first introduces students to basic principles, then covers more detailed and complex elements of evidence law in later chapters. Cases and excerpts from the legislation have been carefully selected to guide students through the application of the Act in relevant jurisdictions. This edition has been thoroughly updated to include significant recent case examples and decisions, ensuring students learn about the law in its ever-changing context. Each chapter includes a summary of key points, a list of key terms and definitions, and further reading suggestions, as well as practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex 'Putting it all together' practice problems that are designed to test students' understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are also provided to ensure students can check their understanding. Providing clear explanations and relevant examples, Australian Uniform Evidence Law is an essential foundational resource for all students of evidence law

Australian Uniform Evidence Law

The focus of this book is the uniform Evidence Act (referred to throughout as ‘the Act’ or ‘the Acts’). The Act has not been introduced in Queensland, South Australia or Western Australia, where each states Evidence Act and the common law apply. However, the Act is still an important reference guide for those states due to the connection between common law and the Act. Despite the differences between jurisdictions that have adopted the Act, there is a significant degree of uniformity. Accordingly, in this book the provisions that are extracted to indicate the rules in relation to the Act come from the Commonwealth Act. Any important jurisdictional differences are separately identified

Comparison of clinical features between patients with anti-synthetase syndrome and dermatomyositis : results from the MYONET registry

Objectives: To compare clinical characteristics, including the frequency of cutaneous, extramuscular manifestations and malignancy, between adults with anti-synthetase syndrome (ASyS) and DM. Methods: Using data regarding adults from the MYONET registry, a cohort of DM patients with anti-Mi2/-TIF1 gamma/-NXP2/-SAE/-MDA5 autoantibodies, and a cohort of ASyS patients with anti-tRNA synthetase autoantibodies (anti-Jo1/-PL7/-PL12/-OJ/-EJ/-Zo/-KS) were identified. Patients with DM sine dermatitis or with discordant dual autoantibody specificities were excluded. Sub-cohorts of patients with ASyS with or without skin involvement were defined based on presence of DM-type rashes (heliotrope rash, Gottron's papules/sign, violaceous rash, shawl sign, V-sign, erythroderma, and/or periorbital rash). Results: In total 1054 patients were included (DM, n = 405; ASyS, n = 649). In the ASyS cohort, 31% (n = 203) had DM-type skin involvement (ASyS-DMskin). A higher frequency of extramuscular manifestations, including Mechanic's hands, Raynaud's phenomenon, arthritis, interstitial lung disease and cardiac involvement differentiated ASyS-DMskin from DM (all P < 0.001), whereas higher frequency of any of four DM-type rashes-heliotrope rash (n = 248, 61% vs n = 90, 44%), violaceous rash (n = 166, 41% vs n = 57, 9%), V-sign (n = 124, 31% vs n = 28, 4%), and shawl sign (n = 133, 33% vs n = 18, 3%)-differentiated DM from ASyS-DMskin (all P < 0.005). Cancer-associated myositis (CAM) was more frequent in DM (n = 67, 17%) compared with ASyS (n = 21, 3%) and ASyS-DMskin (n = 7, 3%) cohorts (both P < 0.001). Conclusion: DM-type rashes are frequent in patients with ASyS; however, distinct clinical manifestations differentiate these patients from classical DM. Skin involvement in ASyS does not necessitate increased malignancy surveillance. These findings will inform future ASyS classification criteria and patient management