QUESTION 3 (ANSWER IN A SEPARATE BOOKLET) Helen owns a medical clinic, "Lifecare" that assists patients with family planning services, including lawful pregnancy termination. The clinic also provides palliative treatment to patients in the last phases of terminal illness. On Lifecare's website, Helen's picture features alongside those of her 3 co-practitioners, together with the clinic's mission statement, which is identified as being to "provide the highest quality care and promote dignity and choice for all - at both ends of life". In January 2019, legislation was introduced in Queensland making it legal, for the first time, for medical practitioners to offer assistance to a person to take their own life, where the patient has requested this regularly and consistently. The legislation responded to the results of a nationwide survey indicating that 73%% of the Australian population supports the practice of voluntary euthanasia (voluntary assisted dying). The legislation has nonetheless been opposed in Queensland, with surveys suggesting that only $40% of Queensland voters support it. Lifecare has never, in the past, offered assistance to persons to take their own lives and has no immediate plans to do so. Helen herself claims to be ethically opposed to voluntary euthanasia. On 30* January, Mabel, a prominent commentator, wrote an article on a popular blog, 'The Goss', operated by Gerald, entitled: LIFECARE - SERIAL KILLER CLINIC In it, she described Lifecare in the following terms: Lifecare is a commercial abortionist. The practice is no longer satisfied with being involved in the extermination of the innocent unbom, but is now intent, it seems, on dealing death to our vulnerable elderly as well." Question 3 continued next page Page 3 of 4 ster Two Final Examinations, 2010 LAW 82703 Law of Torts II Alice, a criminology researcher, has found that whenever the terms "Serial Killer" and "Australia" are typed into the search field of the global internet search engine "Searcho", Helen's image and Lifecare's logo are returned in the search results alongside pictures of Ivan Milat (a notorious serial killer). Alice notified Searcho of the anomaly on the 5" April, but nothing has since been done to prevent this recurring. Helen is devastated to learn that the public thinks she is involved in the practice of euthanasia. She has been excluded from her local, Catholic Church and wants Mabel's article taken down immediately. She is also upset that she is being associated online with serial killers like Ivan Milat Lifecare's profits have dropped by $200,000 since the end of January: many of its elderly patients have deserted it, being concerned by the rumours that it is planning to offer euthanasia services. Advise Helen and Lifecare as to any actions they may have in defamation. (30 marks)