- LETTER FROM
SENATOR THE HON. CHRISTOPHER ELLISON
27/02/06 -
(contribution from a reader)
SENATOR THE HON. CHRISTOPHER ELLISON
Minister for Justice and Customs
Senator for Western Australia
Manager of Government Business in the Senate
27 FEB 2006
Dear Ms
Thank you for your email correspondence of 5 January 2006 regarding the Criminal Code Amendment (Suicide Related Material Offences) Act 2005. I seek to reassure you that the new legislation does not penalise people for the discussion of the sensitive issues of euthanasia and suicide
The provisions in this Act restrict the transmission of a very limited amount of material currently in the public domain. While suicide is legal in Australia, the Australian Government has determined that material that is intended to be used to promote or provide instruction on a particular method of suicide or to counsel or incite committing or attempting to commit suicide should not be readily accessible. The purpose of these offences is to protect individuals who may be vulnerable and, in a distressed state, access a carriage service, such as the Internet, to research and chat about suicide.
The Act will not prevent people from talking about the issues of euthanasia or suicide. Nor will the Offences in this Act capture individuals who are researching material for personal reasons on how to commit suicide. The Government has taken the view that the need to protect vulnerable and impressionable young people is of primary concern in this difficult and sensitive area. These offences are aimed only at those individuals who access or distribute material with the intention of using it to counsel or incite suicide or provide instruction on a particular method of committing suicide.
The Australian Parliament does not have the general power to legislate with respect to euthanasia in the States. Under the Australian system of government, it is the responsibility of State Government to address those matters. You may wish to raise your concerns with the Victorian Attorney-General who can be contacted at:
Attorney-General of Victoria
Level 17, 8 Nicholson St,
East Melbourne VIC 3002
However, the Australian Government has been able to take legislative action to address, on a national level, some specific issues relating to suicide. For example, the Customs (Prohibited Imports) Regulations 1956 and the Customs (Prohibited Exports) Regulations 1958 prohibit absolutely the importation or exportation of suicide kits and documents, which promote the use of such devices. The Australian Government believes that these laws are an appropriate step to protecting vulnerable people in our community.
Thank you for raising you concerns with the Australian Government.
Yours sincerely
CHRIS ELLISON
Senator for Western Australia
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