Ms SPENCE (Yuroke) (21:57:47) — I also rise today to speak on the Voluntary Assisted Dying Bill 2017. Like others in this place, I have carefully considered my position, and I have decided to support the bill. This decision has in no way been an easy one. I have read all the correspondence sent to me, and I have almost kept up with responding to all of the local residents who have taken the time to write. I have spoken to my family, local residents, nurses, doctors — including my own GP — and many of my colleagues. I have really appreciated the frank exchanges of views with all of them.

I also sought out the views of my constituents through an online survey where I asked three questions: ‘Do you support legislation to legalise voluntary assisted dying in Victoria?’, ‘Why is this your view?’ and ‘Do you have a personal experience of death or dying that you would like me to think about as I consider this legislation?’. Over 10 days I received around 150 responses to this survey, with 82 per cent supporting the legislation, 15.5 per cent not supporting it and 2.5 per cent unsure. I am incredibly grateful to the many people who responded to the survey and shared their personal experiences, as I have no doubt that in many cases this would have been extremely difficult. I would like to share a couple of these heartfelt responses.

Amber told me of her father, who was diagnosed with terminal brain cancer:

It was his want to have chosen the timing and place of his death rather than let the cancer win.

Maureen told me:

When the time arises I should not have to source medications or implements to end my life with the hope that I don’t botch it up and end up worse off.

Jade reflected on the death of her grandparents, saying:

It was more painful to watch them suffering than when they had gone and were at peace.

Michael, a cancer patient, shared:

Having lost a dear friend to cancer the day after I got my diagnosis, his words echo in his mind. I know it’s time to go now, I’ve said what I need to say, I have done what I need to do. I just wish God would hurry up and agree with me!

I do want to thank everyone who has taken the time to write and meet with me and for, in most cases, doing so in a respectful and considered manner.

I would also like to thank the Legislative Council Standing Committee on Legal and Social Issues and the Ministerial Advisory Panel on Voluntary Assisted Dying for their comprehensive reports, which I found most helpful in considering the legislation. Also my thanks to Professor Brian Owler, chair of the ministerial advisory panel, for taking the time to meet with me, answer my queries and respond to concerns that had been raised with me.

Ultimately my decision to support the bill is based on respect for the individual to make a considered decision to end their life at a time of their choosing in a way that is safe and supported and provides the option to die with dignity. Sadly, whilst many are already choosing to end their life, it is not done in circumstances that I can accept as reasonable. The suicide statistics of terminally ill patients are incredibly disturbing, with one terminally ill person taking their life each week in Victoria. This should not be the case. These people should not be denied the option to end their life at a time of their choosing in safe and supported circumstances.

It has been put to me that palliative care will be able to manage pain and provide comfort for those nearing the end of life, but unfortunately that is simply not always the case. Palliative care is a vitally important care option, and voluntary assisted dying is not a substitute for palliative care, nor is it an inevitable extension of palliative care. However, where pain and suffering have become intolerable, individual choice should be respected and the option to voluntarily end one’s life should not be denied.

Nicole, who responded to my survey in support of the legislation, told me:

I am a palliative care nurse who works on a daily basis with terminally ill patients. I see the distress and suffering that people go through and sometimes, even with access to loads of medications, their symptoms cannot be managed and their death is unpleasant. This leaves a lasting impact on family members and can affect their grieving.

The Voluntary Assisted Dying Bill 2017 sets out clear parameters that will only allow people to access voluntary assisted dying in very limited circumstances. In order to be eligible a person will need to be an adult resident of Victoria with decision-making capacity who has been diagnosed with an incurable medical condition that is expected to cause death within 12 months and is causing suffering that is intolerable. For the small number of people in these limited circumstances, having personal choice to end their lives may mean that they gain some control over the timing and manner of their death. For many more people, knowing this option is available will provide them with comfort. Some may choose to access voluntary assisted dying but ultimately not administer the substance because they feel a greater sense of control. And the reality is that the vast majority of Victorians will never want or choose to access voluntary assisted dying.

A number of concerns have been raised with me about the protection of vulnerable people and the potential for coercion. These are concerns that I shared. However, I am now confident that these have been addressed in the 68 safeguards included in the bill. These include the prescriptive multistage process with safeguards embedded throughout the request and assessment process to establish a comprehensive system of checking, oversight and clear accountability as well as the limited criteria for eligibility, including the need for decision-making capacity. Importantly, these protections exist to ensure that people are not being pressured by others to participate in the process. These protections are also entrenched through the offences in the bill, such as the offence to induce another person to request voluntary assisted dying, the offence to induce self-administration of a voluntary assisted dying substance and the offence to make a false statement — each punishable by imprisonment.

I am satisfied that the 68 safeguards address the concerns that have been raised with me about the implementation and application of the proposed framework, and as such I am supporting the bill and respect for the individual’s right to decide. As Leanne, who responded to my survey, said:

Supporting voluntary assisted dying is a human rights issue — dying with dignity and giving people the choice, under the safest and most rigorous framework possible.

For people who are nearing the end of their life, where the strict criteria in the legislation is met and pain and suffering is no longer tolerable, the individual should have the option to end their life at the time of their choosing and in the most dignified way possible. I commend the bill to the house.