Does the Bill remove a Territorys power to make passive non-voluntary euthanasia laws?
The withdrawal or withholding of life sustaining medical treatment from an incompetent patient is described by some as passive non-voluntary euthanasia. A patient is not competent if he or she lacks legal capacity. Those without legal capacity include people who have never been competent to consent to or refuse medical treatment, such as young children and adults with severe intellectual disabilities. They also include people who were competent but are no longer so due to accident, illness or old age. At common law in Australia, it appears that life sustaining medical treatment can be withdrawn from an incompetent patient in certain limited circumstances.(30) The Bill seems to remove the territories’ power to enact laws allowing passive non-voluntary euthanasia to the extent that it can be characterised as involving ‘intentional killing.’ This would prevent the territories from enacting a statutory regime to clarify, regulate and/or modify the common law position. Passive involuntary e
