Dissertations / Theses on the topic 'Euthanasia Law and legislation Victoria'

In In 1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.1999 the South African Law Reform Commission proposed a draft bill on End of Life Decisions and tabled the Bill before Parliament. To date the Bill is still yet to be put up for discussion perhaps due to the sensitive nature of the subject. This mini-dissertation will examine South African people’s perception and awareness of passive euthanasia and whether the procedure should be regulated. The research will look at the current position in South Africa, arguments for and against passive euthanasia, and the factors influencing society’s reactions to this growing phenomenon.

Thesis (M.A.)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: The purpose of this study was to determine the attitudes older adults (65 years and older) have towards euthanasia. The subjects of the study were people 65 years of age and older who reside in homes for the aged within the Cape Metropolis. An equal number of subjects from the African, Coloured and European communities were randomly selected. A biographical questionnaire as well as the Euthanasia Attitude Scale and the Purpose In Life Test, were administered. The influence of four variables were focused on, namely age, ethnicity, meaning in life and health. Pearson correlation coefficient analysis and one-way ANOV A analysis were used. Ethnicity, meaning in life and health were not found to have a significant correlation with euthanasia. Age was the only variable found to have a significant correlation with euthanasia. The findings were discussed and certain recommendations were made.
AFRIKAANSE OPSOMMING: Die doel van die studie was om vas te stel wat die houding van ouer volwassenes (65 jaar en ouer) is ten opsigte van genadedood. Die proefpersone was almalouer as 65 jaar en woonagtig in ouetehuise binne die Kaapse Metropool. 'n Gelyke aantal proefpersone van die Afrika, Kleurling en Europese gemeenskappe is willekeurig gekies. 'n Biografiese vraelys, asook die "Euthanasia Attitude Scale" en "Purpose In Life Test", is gebruik. Die invloed van vier veranderlikes, naamlik: ouderdom, kultuur, betekenis in die lewe en gesondheid, is ondersoek. Pearson korrelasionele koëffisiënt en een-rigting ANOV A ontledings is gebruik. Etnisiteit, betekenis in die lewe en gesondheid het nie beduidend met genadedood gekorreleer nie, ouderdom was die enigste veranderlike wat beduidend met genadedood gekorreleer het. Die bevindinge is bespreek en sekere aanbevelings is gemaak.

A presente dissertação investiga o problema da eutanásia. A tecnologia biomédica avançou nestas últimas duas décadas de forma notável, no bom e no mau sentido. É graças a esta tecnologia que muitos e muitos doentes têm sido salvos de suas enfermidades transitórias, porém, de outro lado, estas mesmas medidas, escravizam milhares de vidas a serem vividas sem qualquer perspectiva de cura ou melhora, somente prolongando a vida e o sofrimento de pacientes terminais. Nesse contexto, buscou-se trazer para conhecimento de toda comunidade científica, bem como dos estudantes de direito e afins, as teorias de direito do notório autor Ronald Dworkin, para possibilitar, num primeiro momento, demonstrar como este vê e entende o Direito e para, após, apresentar sua visão acerca do instituto da eutanásia. Por fim, expor a proposta de Dworkin em face de pedidos de eutanásia, bem como trazê-la para a realidade brasileira, verificando a possibilidade de sua implementação face à legislação vigente. Ressalta-se que se espera com este trabalho proporcionar mais uma fonte de conhecimento, para instigar a reflexão acerca da eutanásia em nossa sociedade, uma vez que é realmente necessária já que a morte é um processo vital pelo qual todos nós passaremos.
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The present dissertation deals with the euthanasia’s problem. The biomedical technology advanced to much in these last two decades, in the good one and bad one way. Is is thanks to this new technology that many sick people have been safe of its disease. However, in the another way, this same technology has been slaving thousand of lives, to live without any cure’s perspective or health’s improves, only prolonging those lifes and those suffering. In this context, it tries to bring to the scientific community and for all students, the Law’s Theories of Ronald Dworkin, a very famous author, to make possible to show how he sees and undestands Law. And then, presents his vision concerning the euthanasia institute. After that, it displays the Dworkin’s proposal in face of euthanasia order, as wel as brings his proposal for the brazilian reality, verifying the possibility of it is implementation face the current Law. It is expects with this work to provide plus a new source of knowledge to instigate the reflection concerning the euthanasia in our society. The reflection is very important because deaths is part of ours lifes.

This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution. After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.

When the Australian Labor Party member for Kalgoorlie, Ian Taylor, presented his Private Member's Bill - the Medical Care of the Dying Bill (1995), he laid the foundation for this thesis. Mr Taylor introduced his Bill to the Western Australian Legislative Assembly on 28 March 1995. The Bill codified the terminally ill patient's right to refuse medical treatment, which clarified common law. This thesis attempts to overcome the dearth of literature in Western Australian lobbying concerning conscience-vote issues. It also identifies the key issues in understanding political lobbying, the form of pressure group activity that takes place and why certain groups respond in different ways. The pressure groups selected for this case study are examined, classified and evaluated resulting in a prescription for lobby group activity for similar conscience-vote issues. According to the Bill's sponsor, Ian Taylor, the legislation was needed to deal with the inconsistencies in common law of the medical treatment of terminally ill people. The Law Reform Commission in its 1991 Report on Medical Treatment for the dying, stated that there was a need to deal with the issue in Western Australia. Due to the advances in medical treatment practices in the past 50 years, doctors can prolong the life of patients for whom there is no cure. The major problem, however, is the Criminal Code: doctors and care providers can be at risk of prosecution and conviction if the patient's wishes are respected and medical treatment is withdrawn, leading to the patient's death. At present there is a general common law right to refuse medical treatment. According to Mr Taylor, the difficulty lies in the fact that in Western Australia, the common law is overridden by the Criminal Code. The Bill also highlighted the role of palliative care and the treatment of the dying. The opinion of most pressure groups was that the rights of terminally ill patients should be protected and enhanced. Of the groups selected for this case study, only the Coalition for the Defence of Human Life objected to the Bill. Other groups supported the principles of the Bill, while some hoped for voluntary euthanasia legislation and others gave tacit approval. Of all the groups the L. J. Goody Bioethics Centre distinguished itself as a key organisation which tended to monopolise political influence. Media exposure of the issue was high, particularly in The West Australian. The "right to die" issue was canvassed and often was reported with references to euthanasia. At the same time the Northern Territory legislation, the Rights of the Terminally Ill Bill (1995), was receiving much media attention. The issue of euthanasia was necessarily discussed in the context of national and international arenas. The political masters of thought on citizen participation and group theory were introduced early in the thesis. John Locke, Jean -Jacques Rousseau, James Madison, Alexis de Tocqueville, Thomas Paine and John Stuart Mill provided valuable insight into the nature of modern political thought on this interesting aspect of political activity. Contemporary political writers such as Trevor Matthews. Dean Jaensch and Graham Maddox were also consulted. The eight pressure groups selected for the study were the: • West Australian Voluntary Euthanasia Society Inc. • Coalition for the Defence of Human life • Australian Medical Association (WA Branch) • Australian Nursing Federation (WA Branch) • L. J. Goody Bioethics Centre • Silver Chain Nursing Association Inc. • Uniting Church of Australia • Anglican Church of Australia Information from the groups formed a significant part of this thesis. An attempt was made in the conclusion to ascertain the effectiveness of the various strategies utilised by the pressure groups and provide an insight into lobbying practices. Ultimately, though, the contentious Bill was not given a third reading. Nor was it debated in the Legislative Council. At one stage it was considered likely that the Bill would be recommitted to parliament. The monitoring of the Medical Care of the Dying Bill (1995) undertaken in this thesis, indicates that this would have been a lengthy and divisive process.

This thesis argues that the topic of active voluntary euthanasia (AVE) has been significantly neglected in existing political studies research, despite the fact that AVE reform raises fundamental questions about the scope and application of political authority. While this is predominantly a politics thesis in its focus, the thesis also draws when necessary on the broader scholarly literature on AVE, including literature fields such as ethics, as well as on broader public debate and the views of politicians. The thesis also examines, and engages with, the views of relevant traditional and contemporary political theorists including John Stuart Mill, Jeremy Bentham, and Amitai Etzioni. Whilst it will be acknowledged that liberal and utilitarian principles have helped shape and inform the AVE reform debate, and have useful contributions to offer, it is maintained that neither of these approaches provide a suitably comprehensive guide to policy. The thesis argues that communitarianism’s emphasis upon the communal good provides an indispensable counterbalance to potential problems that can arise with some other approaches, including excessive individualism and the uncertainties of moral subjectivism. More particularly, it is suggested that without an ongoing commitment to the principles of self restraint and ‘other regarding’ beneficence, legalised euthanasia could pose a serious threat to the welfare of vulnerable citizens. This is a point of view that is also expressed by many religious critics of AVE and it is argued that pro-choice advocates have relied unduly upon the separation of Church and State principle to deflect a legitimate criticism. Although it is conceded that a commitment to secular liberal–democratic principles is at odds with a legislative prohibition against the popularly endorsed option of last resort (beneficent) AVE it is, nevertheless, maintained that the concerns of these and other critics should not be ignored. Indeed, an examination of various case studies highlights the importance of ensuring a balance between individual autonomy and adequate legislative safeguards. Case studies examined include John Ashcroft’s controlled substances intervention in Oregon, US Congressional action to preserve the life of persistent vegetative state patient Terri Schiavo and Australian anti-suicide / active euthanasia legislation, particularly the Northern Territory’s Rights of the Terminally Ill Act. The conclusion of the thesis not only pulls together the key arguments regarding AVE but also highlights the insights which the AVE debate can provide for understanding broader issues in political theory and practice, particularly in regard to the rights of the individual and the responsibility of the state to legislate for the collective good.
Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2008

This thesis explores the dynamics of social change through an examination of the making and remaking of Victoria's Residential Tenancies Act. The conditions leading up to the creation of the Tenancies Act are examined, as are the changes which the Act has produced. The findings of this thesis suggest that, despite the hopes of social reformers, the Tenancies Act has not produced a redistribution of power between landlords and tenants. It is argues, however, that this is not the fault of the Act itself, nor of its administrators, but rather of wider structural changes in the housing market which have served to negate many of the gains made by the Tenancies Act. Indeed, it is argued that, despite appearances, the Act has produced a number of important changes to the structure of, and agents participating in the rental housing market. As a result, Victoria's rental market is now quite different compared to how it was prior to the Act's introduction.

LL.M.
The right to life, which is guaranteed in section 11 of the Constitution, is a particularly important right in South Africa, especially seen in the light of the human rights violations of the apartheid-era. Firstly, this study conducts an analysis of the right to life and attempts to establish who the bearers of the right are; what the protected conduct and interests of the right are; who is bound by the right and what their responsibilities are; and whether the right can legitimately be limited in terms of section 36 of the Constitution. However, when we analyse the right to life in this way, certain problematic and controversial issues become apparent. Two of these issues are discussed in this study – namely abortion and euthanasia and assisted suicide. Before these issues can be adequately addressed, however, the study takes a stance on the value of human life, which forms the moral framework for the discussion of the specific issues. However, the primary focus of the study is the analysis of the specific issues relating to the right to life. The terminology relevant to the respective issues is discussed and the current legal position, including relevant case law and legislation, with regard to the issues is indicated. The arguments, counter arguments and alternative approaches to the issues are discussed and criticized, and consideration is given to the question to what extent the right to life, in cases of abortion and euthanasia, can legitimately be limited if the principled stance regarding the value of human life is accepted. In addition, some other jurisdictions’ experiences of and responses to these issues are also discussed. Finally the study concludes that human life (in all its forms) deserves the full respect and protection of the law, regardless of the quality of life or the capabilities of the individuals whose lives are at stake. Furthermore it is submitted that the state and every member of society has a special responsibility to respect and protect the most vulnerable and marginalised members of our community – instead of suggesting ‘quick fixes’ to desperate people.

The crime of incest is rendered invisible in the 1990's under the all-embracing label of "child abuse", where the public eye is alerted to grave cases of physical abuse, by a media hungry for sensationalism. Likewise, incest is effaced amid the current outrage over the deviant outsider - typically perceived as the paedophile. It is the very nature of the sphere in which incest is committed, which makes the crime 'hermetic'. The view that the patriarchal family is somehow sacrosanct, and the debate over the public/private dichotomy relating to child protection, adjoin to further obscure this iniquity. In addition to this, the perpetrators of incest frequently deny, minimise or rationalise their crime, hence making the legal sphere the only legitimate area of redress for victims. However, the law attempts to deal with these private moral perplexities in the objective and constrained manner representative of the court system. This may not be reconcilable with just outcomes. Social policy's footing in this arena appears to be equivocal, due to the inherent confines of the legal system. But the legal system, and in particular the court arena, can be made more equitable, by being flexible and amenable to innovation, through the embodiment of other areas of expertise. Instead of being self-referential, the legal system should be more accommodating of other esteemed knowledges, in the name of justice.

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions.
Criminal & Procedural Law
LLM

This thesis addresses the question of why work stress prevention has not been adopted systemically in organisations, despite some research findings that it is effective, that it has been mandated by legislative regulations and that it has the potential for significant cost savings. Work stress is recognised as an increasing and global problem in terms of negative economic, health and social outcomes. Its significant costs related to work injury compensation have resulted in growing pressure from governmental health and safety jurisdictions for organisations to manage and prevent stress through systemic risk management approaches.