End of Life Choice Bill

  • enacted

Part 2 Assisted dying

5A Conscientious objection

(1)

A health practitioner is not under any obligation to assist any person who wishes to exercise the option of receiving assisted dying under this Act if the health practitioner has a conscientious objection to providing that assistance to the person.

(2)

Subsection (1)

(a)

applies despite any legal obligation to which the health practitioner is subject, regardless of how the legal obligation arises; but

(b)

does not apply to the obligation in section 6(2).

(3)

An employer must not

(a)

deny to an employee any employment, accommodation, goods, service, right, title, privilege, or benefit merely because the employee objects on the grounds of conscience to providing any assistance referred to in subsection (1); or

(b)

provide or grant to an employee any employment, accommodation, goods, service, right, title, privilege, or benefit conditional upon the employee providing or agreeing to provide any assistance referred to in subsection (1).

(4)

A person who suffers any loss by reason of any breach of subsection (3) is entitled to recover damages from the person responsible for that breach.

(5)

In subsection (3), employee includes a prospective employee.