In a first-ever move for South Australia, a prisoner has been granted an assisted dying permit after being diagnosed with a terminal illness.
Malcolm Day, 81, was imprisoned last June after receiving a 20-year sentence for sexually abusing his students during his tenure as a music teacher. He has 17 years left of his sentence, but was recently diagnosed with cancer. Many thought his 20-year sentence would engender a life behind bars given his old age, but that has now changed due to the cancer diagnosis.
South Australia enforces several criteria for the issuance of assisted dying permits. Remarkably, despite Day’s criminal history and conviction, he meets these criteria due to his terminal illness, marking an unprecedented case in the state’s history. He is thought to be the first prisoner in the country to receive this permit.
South Australia’s 9 News reports that the latest health data indicates 39 terminally ill South Australians have ended their lives after being granted a permit since voluntary assisted dying was introduced in January this year.
The state requires an 11-step process to receive an assisted dying permit and petitioners must meet certain eligibility requirements, including being 18 years of age or older and an Australian resident or permanent citizen. The multi-step process includes an assessment by medical practitioners and choosing a contact person. The medication is typically self-administered though the requirements indicate a medical practitioner may administer it in limited circumstances.
According to the Australian Broadcasting Corporation, there were a total of 16 failed attempts in 26 years to pass the voluntary assisted dying legislation. It eventually passed the South Australian parliament in 2021, going into effect earlier this year. The legislation outlines how and for what reasons a person can seek voluntary assisted dying.
READ: Australian doctor warns push for assisted suicide will keep people from seeking palliative care
Victoria was the first state in Australia to enact voluntary assisted dying legislation and, since then, every state has followed suit.
Shockingly, in Australian Capital Territory (ACT), voluntary assisted dying could one day include allowing for the euthanization of children, getting rid of an age limit altogether.
“It may well be that an age limit is arbitrary and it would be about a medical professional’s assessment of a person’s decision-making capacity, rather than them simply ticking over a birthday,” said ACT Human Rights Minister Tara Cheyne in a May 2023 article.
A prisoner seeking voluntary assisted dying has ignited some controversy in South Australia. However, health minister Chris Picton has defended the move, saying prisoners have the same rights to assisted dying as anyone else. The government, he added, “will continue to review the voluntary assisted dying legislation over time.”
As South Australia navigates the intricate landscape of assisted dying, the need to include bolstering palliative care in the conversation will become paramount. Prioritizing palliative care offers a more compassionate and ethical approach to end-of-life care that truly values individuals facing terminal illnesses instead of sending the message their lives are no longer worth living.
