The Rights of the Terminally Ill Act 1995 has no force or effect as a law
of the Territory; see Schedule 1 of the Euthanasia Laws Act 1997 (Cth)
(No. 17, 1997).
NORTHERN TERRITORY OF AUSTRALIA
RIGHTS OF THE TERMINALLY ILL REGULATIONS 1996
As in force at 1 July 1996
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Prescribed qualifications in treating terminal illness ........................ 1
4 Guidelines........................................................................................ 1
5 Special qualifications in palliative care ............................................ 1
6 Qualifications for interpreters ........................................................... 2
7 Medical records ............................................................................... 2
8 Medical practitioner to notify health care provider of request
for assistance .................................................................................. 2
Schedule 1 Guidelines
Schedule 2 Special qualifications in palliative care
Schedule 3 Checklist for medical practitioner assisting
patient
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 1996
RIGHTS OF THE TERMINALLY ILL REGULATIONS 1996
Regulations under the Rights of the Terminally Ill Act 1995
1 Citation
These Regulations may be cited as the Rights of the Terminally Ill
Regulations 1996.
2 Commencement
These Regulations shall come into operation on the
commencement of the Rights of the Terminally Ill Act 1995.
3 Prescribed qualifications in treating terminal illness
For the purposes of section 7(1)(c)(i) of the Act, the medical
practitioner shall hold a qualification in a medical specialty related
to the terminal illness of the patient recognised by a medical
specialist college in Australia and which entitles the medical
practitioner to fellowship of that college.
4 Guidelines
For the purposes of section 7(2) of the Act, a medical practitioner
assisting a patient shall be guided by the guidelines set out in
Schedule 1.
5 Special qualifications in palliative care
(1) For the purposes of section 7(3) of the Act, special qualification is
taken to include competence by reason of ability, knowledge and
skills acquired through experience.
(2) The medical practitioner who, under section 7(3) of the Act,
provides information to the patient on the availability of palliative
care shall have one of the special qualifications described in
Schedule 2.
Rights of the Terminally Ill Regulations 1996 2
6 Qualifications for interpreters
For the purposes of section 7(4) of the Act, the interpreter shall hold
one of the following professional qualifications in the first language
of the patient:
(a) accreditation as a Conference Interpreter from the National
Accreditation Authority for Translators and Interpreters;
(b) accreditation as an Interpreter from the National Accreditation
Authority for Translators and Interpreters.
7 Medical records
For the purpose of keeping the medical record of the patient
referred to in section 12 of the Act, a medical practitioner may use
the checklist set out in Schedule 3.
8 Medical practitioner to notify health care provider of request
for assistance
For the purpose of enabling a health care provider to decide
whether or not he, she or it is able or willing to carry out a direction
of a medical practitioner for the purpose of the medical practitioner
assisting a patient under the Act, the medical practitioner shall, as
soon as practicable after agreeing to assist the patient, inform the
health care provider of his or her intention to do so.
Section 1 - RIGHTS OF THE TERMINALLY ILL REGULATIONS 1996 - RIGHTS OF THE TERMINALLY ILL REGULATIONS 1996 | Zoe
Schedule 1 Guidelines
Rights of the Terminally Ill Regulations 1996 3
Schedule 1 Guidelines
section 7(2)
regulation 4
The medical practitioner is to assist the patient to end his or her life by
administering to the patient, or giving to the patient for self-
administration, a drug or a combination of drugs which the medical
practitioner determines is the most appropriate to assist the patient.
The medical practitioner should advise the members of the patient's
family and the patient's friends who wish to be present at the time of
the death of the patient:
(a) of the effects of the drug or drugs to be administered to the
patient; and
(b) when the drug is, or drugs are, to be administered to the patient
so that those members of the family or friends who do not wish to
be in attendance for the administration of the drug or drugs may
be absent at that time.
The medical practitioner should remain for a reasonable time after the
death of the patient with the family and friends of the patient who are in
attendance to answer any questions they may have relating to the
death of the patient.
Schedule 2 Special qualifications in palliative care
Rights of the Terminally Ill Regulations 1996 4
Schedule 2 Special qualifications in palliative care
section 7(3)
regulation 5
A qualification which is recognised by the National Specialist
Qualification Advisory Committee as a specialist qualification together
with one year full time employment (whether or not for a continuous
period) by a palliative care service as a consultant in the field of
palliative care.
Two years full time practice (whether or not for a continuous period) in
palliative medicine together with employment (whether or not for a
continuous period) by a palliative care service.
A graduate certificate in palliative care together with one year full time
employment (whether or not for a continuous period) by a palliative
care service.
Successful completion of a course in palliative care recognised by a
tertiary institution or a medical professional body together with one year
full time employment (whether or not for a continuous period) by a
palliative care service as a consultant, a specialist or a health care
provider.
Current registration (having been so registered for a period of not less
than 5 years), but not including registration which is subject to
conditions or limitations, on the Vocational Register established and
maintained by the Royal Australian College of General Practitioners
and the Health Insurance Commission.
Fellowship of the Royal Australian College of General Practitioners.
Schedule 3 Checklist for medical practitioner assisting patient
Rights of the Terminally Ill Regulations 1996 5
Schedule 3 Checklist for medical practitioner assisting
patient
section 12
regulation 7
Name and address of medical practitioner:
Name and address of patient:
The following conditions enabling a medical practitioner to assist a patient to
end his or her life under the Rights of the Terminally Ill Act 1995 have been
met:
The patient has requested that I assist him/her to end his/her life and I
have agreed to do so.
The patient has attained the age of 18 years.
I am satisfied, on reasonable grounds, that:
• the patient is suffering from an illness that will, in the normal course
and without the application of extraordinary measures, result in his/her
death; and
• in reasonable medical judgement, there is no medical measure
acceptable to the patient that can reasonably be undertaken in the
hope of effecting a cure; and
• any medical treatment reasonably available to the patient is confined to
the relief of pain, suffering and/or distress with the object of allowing
the patient to die a comfortable death.
A second medical practitioner who:
(a) is neither a relative or employee, nor a member of the same
medical practice, of mine or the qualified psychiatrist referred to in
clause 5; and
(b) is qualified in the treatment of the terminal illness from which the
patient is suffering as prescribed by the Rights of the Terminally Ill
Regulations,
has examined the patient and confirms my opinion as to the existence
and seriousness of the illness, that the patient is likely to die as a result
of the illness and my prognosis.
(Attach report of second medical practitioner)
Schedule 3 Checklist for medical practitioner assisting patient
Rights of the Terminally Ill Regulations 1996 6
5. A qualified psychiatrist (within the meaning of the Rights of the
Terminally Ill Act 1995), who is neither a relative or employee, nor a
member of the same medical practice, of mine or the medical
practitioner referred to in clause 4, has examined the patient and
confirms that the patient is not suffering from a treatable clinical
depression in respect of the illness.
(Attach report of qualified psychiatrist)
6. In my opinion the illness is causing the patient severe pain or suffering.
7. I have special qualifications in the field of palliative care and therefore
provided the information on the availability of palliative care to the
patient.
OR I do not have special qualifications in the field of palliative care and
therefore the information on the availability of palliative care was
provided to the patient by:
(Insert name of medical practitioner holding special qualifications in the
field of palliative care as prescribed)
8. The patient has been informed of the nature of the illness and its likely
course, and the medical treatment, including palliative care, counselling
and psychiatric support and extraordinary measures for keeping the
patient alive, that might be available to the patient.
9. It is my opinion that, after considering the advice and opinion of the
medical practitioner referred to in clause 4, there are no palliative care
options reasonably available to the patient to alleviate the patient's pain
and suffering to levels acceptable to the patient.
OR It is my opinion that, despite an earlier request from the patient for
assistance to end his/her life, palliative care was provided to the patient
that brought about the remission of the patient's pain and suffering, that
palliative care now ceases to alleviate the patient's pain and suffering
to levels acceptable to the patient.
10. After the patient had been informed of the matters specified in clause 8,
the patient indicated to me that he/she has decided to end his/her life.
OR The patient requested assistance under the Rights of the Terminally Ill
Act 1995 but was subsequently provided with palliative care and after
the palliative care ceased to alleviate his/her pain and suffering the
patient indicated to me that he/she has decided to proceed in
pursuance of his/her earlier decision to end his/her life.
Date patient indicated his/her decision:
Schedule 3 Checklist for medical practitioner assisting patient
Rights of the Terminally Ill Regulations 1996 7
11. I am satisfied that the patient has considered the possible implications
of the patient's decision to his/her family.
12. I am satisfied on reasonable grounds that the patient:
• at the time of indicating to me his/her decision to end his/her life and of
signing the certificate of request, is of sound mind; and
• made the decision to end his/her life freely, voluntarily and after due
consideration.
13. The patient or, if the patient is physically unable to do so, a person
acting on the patient's behalf in accordance with section 9 of the Rights
of the Terminally Ill Act 1995 signed the part of the certificate of request
required to be completed by or on behalf of the patient not earlier than
7 days after the patient indicated his/her decision to end his/her life to
me.
Name and address of person signing on behalf of patient:
Date signed the certificate:
14. I have witnessed the patient, or the person signing on behalf of the
patient, signing the certificate of request and have completed and
signed the relevant declaration on the certificate.
Date signed the certificate:
15. After I signed the certificate of request another medical practitioner
signed the certificate. That medical practitioner had discussed the
case with me and the patient before signing the certificate.
Name and address of that other medical practitioner:
Date signed the certificate:
(Attach certificate of request)
16. An interpreter was required to be present at the signing of the
certificate of request in accordance with section 7(4) of the Rights of
The Terminally Ill Act 1995, and has signed the certificate confirming
the patient's understanding of his/her request for assistance.
Name and address of interpreter:
Date signed the certificate:
Schedule 3 Checklist for medical practitioner assisting patient
Rights of the Terminally Ill Regulations 1996 8
17. I have read and been guided by appropriate medical standards and by
the guidelines prescribed by the Rights of the Terminally Ill
Regulations, and have considered the appropriate pharmaceutical
information about any drug reasonably available for use in the patient's
circumstances.
18. I share the same first language as the patient.
OR As I do not share the same first language as the patient, when assisting
the patient under the Rights of the Terminally Ill Act 1995, I
communicated with the patient in the presence of an interpreter
qualified as required by section 7(4) of that Act.
19. I have no reason to believe that I, the countersigning medical
practitioner or a close relative or associate of either of us, will gain a
financial or other advantage (other than a reasonable payment for
medical services) directly or indirectly as a result of the death of the
patient. I have not caused the patient to be influenced in his/her
decision to end his/her life by way of any duress or undue influence.
20. I did not commence to assist the patient to end his/her life until after
48 hours had elapsed since the signing of the completed certificate of
request.
21. At no time before assisting the patient to end his/her life had the
patient:
• given to me an indication that it was no longer his/her wish to end
his/her life; and/or
• rescinded his/her request for assistance
22. I provided the patient with the assistance to end his/her life by:
• administering the drug or drugs to end his/her life to the patient; and/or
• providing the drug or drugs and remaining present while the drug was
or drugs were administered to the patient and until his/her death.
(Attach note indicating the drug or drugs administered to the patient,
the steps taken to administer the drug or drugs and generally carry out
the request for assistance, and the date and time of death of the
patient)
23. I am satisfied that the conditions of section 7, and the other
requirements, of the Rights of the Terminally Ill Act 1995 have been
met.
Schedule 3 Checklist for medical practitioner assisting patient
Rights of the Terminally Ill Regulations 1996 9
24. I confirm that:
• I have been entitled to practise as a medical practitioner in a State or a
Territory of the Commonwealth of Australia for a continuous period of
not less that 5 years; and
• I am entitled under the Medical Act 1995 to practise medicine in the
Northern Territory; and
• I am resident in the Northern Territory.
Signed:
Dated:
(To be completed as applicable)
ENDNOTES
Rights of the Terminally Ill Regulations 1996 10
28/01/20 13:48 DRAFT ONLY
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Rights of the Terminally Ill Regulations (SL No. 34, 1996)
Notified 1 July 1996
Commenced 1 July 1996 (r 2, s 2 Rights of the Terminally Ill Act 1995 (Act
No. 12, 1995) and Gaz S15, 13 June 1996)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: r 1 and sch 3.