Advance Care Directives (Review) Amendment Bill

Final Stages

Consideration in committee of message No. 106 from the House of Assembly.

The Hon. K.J. MAHER: I move:

That the Legislative Council do not insist on its amendments.

The Hon. N.J. CENTOFANTI: I rise to speak on behalf of the opposition. We are disappointed that the government has not supported this amendment, particularly given the potential for ramifications for rural and regional people. However we, the opposition, appreciate that what is more important is that, after significant delays by the current government, this piece of important legislation is passed after what has been an incredibly comprehensive review of the Advance Care Directives Act, and therefore I indicate that the opposition will not be opposing the disagreement.

The Hon. R.A. SIMMS: I also indicate that the Greens will not be opposing the disagreement. Indeed, we originally supported the amendments advanced by the opposition but we have changed our position in that regard upon getting some advice from advocates in relation to the advance care directives. In particular, in terms of explaining the change of position of the Greens, the Lacey review in 2013, in its eighth finding, found:

There is no practical or legal basis for changing the order of signing with regard to ACDs.

We are concerned that the amendment moved by the Hon. Nicola Centofanti, whilst I recognise it is well-intentioned and indeed advanced by the Law Society, would revoke the order of signing and ensure that regulations do not dictate the order.

I think the Hon. Connie Bonaros made some strong arguments against that at the time so, upon reflection, the Greens have withdrawn our support for the Liberal Party's amendments and are now in favour of the government's position.

Motion carried.