A father’s fundraising effort to pay for his son’s funeral has grounded a renewed push for the ACT’s and Northern Territory’s right to legislate for voluntary euthanasia.
Two ACT senators are leading the charge in the upper house to repeal laws preventing the territories from legislating on the issue.
David Whitsed’s 39-year-old son Sam was diagnosed with stage four cancer, and the prognosis is “not good”, he says.
Discussions with Sam, who is contemplating end of life choices, prompted independent ACT senator David Pocock to call on his colleagues to consider the reasons why people who live in territories aren’t mature enough to debate the issue for themselves.
“No 39-year-old should have to contemplate the end of their life. But Sam is,” Senator Pocock told parliament.
“No father should be fundraising for his son’s funeral. But Sam’s dad is.
“Why is it that by virtue of where we live in this country, we cannot participate in the same debates and decisions? Why are we considered less capable of having this discussion?”
Finance minister and Labor senator for the ACT Katy Gallagher is optimistic the repeal bill will pass the Senate after clearing the lower house 99 votes to 37.
She told the Senate it was fundamentally unfair territories could not have the same discussion on the issue after every other state had debated and passed legislation on euthanasia.
“I understand many of my colleagues may be personally opposed to the issue of voluntary assisted dying and I acknowledge within my own community there are a diversity of views,” Senator Gallagher said.
“But this bill is not about that. It’s about whether every Australian, regardless of where they live, should have the same right to self-determination.”
Senate opposition leader Simon Birmingham and deputy Nationals leader Perin Davey also spoke in support of the bill.
While personally in favour of euthanasia, Senator Birmingham spoke about the importance of splitting the issue of voluntary assisted dying and allowing territories the right to debate the issue.
“My body, my life, my choice. The very sound liberal philosophical approach, so long as those choices don’t harm others,” Senator Birmingham said.
“This bill we consider now will only enable the territories to play legislative catch-up.
“Rather than inventing their own safeguards, the territories can now adopt the best of the safeguards and approaches already legislated across all six of the Australian states.”
Senator Davey added: “We support the territories governing and making laws for the peace, order and good government of their people.”
But Labor senator Deb O’Neill implored her colleagues to not distinguish the bill as one of territory rights as opposed to a vote on euthanasia directly.
The voice of religious communities needed to be included in the debate, Senator O’Neill said.
“Freedom of religion means the state does not exclude religion and religious voices from the public square, particularly in relation to making law and public policy,” she said, and that matters of life and rights were “absolutely intertwined” in the legislation.
Senator O’Neill said the ACT and NT parliaments had no means of review as they do not have upper houses.
Despite Queensland also having a unicameral system, ‘”it’s also a much larger state”, while the territories were in a unique position given their constitutional limitations, Senator O’Neill said.
Having spoken with the chief ministers of both territories, no legislation on voluntary assisted dying has been drafted and both legislatures will consult widely and thoroughly, Senator Pocock said.
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