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Lindy Willmott

Publications and source records attributed to Lindy Willmott.

3 recordsLinked to original sources

Charting a course through difficult legislative waters: tribunal decisions on life-sustaining measures.

Since the enactment in Queensland of the Powers of Attorney Act 1998 (Qld) and the Guardianship and Administration Act 2000 (Qld), a decision can be made to withhold or withdraw life-sustaining medical treatment from an adult who lacks capacity to make such decisions for herself or himself. The Guardianship and Administration Tribunal of Queensland has been asked to consider the law in relation to these decisions on a number of occasions since the legislation was passed. This article explores the relevant provisions of these statutes and some of the difficulties that arise from how they are currently drafted. It also examines how the Guardianship and Administration Tribunal has dealt with applications to withhold or withdraw life-sustaining measures, and suggests a course that might avoid some of the difficulties that are inherent in Queensland's legislative regime.

Adult↗

Private thoughts of public representatives: assisted death, voluntary euthanasia and politicians.

Assisted death and voluntary euthanasia have received significant and sustained media attention in recent years. High-profile cases of people seeking assistance to end their lives have raised, at least in the popular press, debate about whether individuals should be able to seek such assistance at a time when they consider their suffering to be unbearable or their quality of life unsatisfactory. Other recent developments include a number of attempts to legislate on the issue by the minor parties in Australia and the successful enactment of legislation in a few overseas jurisdictions. However, despite all of the recent attention that has focused on assisted death and voluntary euthanasia, a discussion of the adequacy of existing laws has not made it onto the political agenda of any of the Australian State or Territory governments. This is in spite of the fact that the private views of the majority of our elected Members of Parliament may be supportive of reform. This article explores the role of politicians' views and, as a case study, considers the opinions expressed by a number of Queensland Members of Parliament. In light of the views of these politicians and those of members of the public, as well as considerations arising from current medical practice, the article argues that there is a need for open political debate on assisted death and voluntary euthanasia. The article also suggests ways that such a debate may be achieved while minimising any political impact on governments that are prepared at least to consider this issue.

Attitude to Death↗

Surrogacy: ill-conceived rights.

Despite the fact that altruistic surrogacy arrangements occur in Australia, the law does not adequately regulate many important aspects of such arrangements. Failure to regulate surrogacy leaves infertile couples contemplating such treatment, as well as clinics dealing with them, in an unsatisfactory position. This article examines the law that operates in Australian States and Territories (and the problems associated with them) as well as in New Zealand, the United Kingdom and some United States jurisdictions, considers whether the argument against surrogacy arrangements can be legitimately sustained in modern times, and examines some regulatory regimes that seem to be working satisfactorily elsewhere in the world.

Australia↗