For 25 years, Canberrans and Northern Territorians have been unable to determine their own laws on voluntary assisted dying (euthanasia). That could soon change, however – and Labor MP Alicia Payne believes, “It is well past time”.
This morning, Ms Payne seconded her Northern Territory colleague Luke Gosling OAM MP’s bill to allow territory governments to legislate on this contentious topic.
“Every other state has now passed legislation for voluntary assisted dying,” Ms Payne said. “We are currently not allowed to even have that debate.”
Their Restoring Territory Rights Bill would repeal the Euthanasia Law Act 1997 (the ‘Andrews Bill’), which prevents both Territories and Norfolk Island from passing laws permitting euthanasia. It was introduced in 1997 to repeal legislation that had made the NT the first jurisdiction in Australia to permit voluntary assisted dying, in 1995.
- Territory rights back on parliament agenda (1 August)
- Parliament set to tackle territory rights (29 July)
- Labor backs conscience vote on ACT, NT (25 July)
The 1997 Act inserted blocking clauses in both the ACT (Self-Government) Act 1988 and the NT (Self-Government) Act 1978:
“The Assembly has no power to make laws permitting or having the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life,” the current Act reads.
“The Assembly does have power to make laws with respect to: (a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit the intentional killing of the patient; and (b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of the patient; and (c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and (d) the repealing of legal sanctions against attempted suicide.”
“Essentially,” Ms Payne saidd, “it means that citizens living in the ACT and the Northern Territory don’t have the same democratic rights as all other Australians.
“The concern at the time was that the Territories were getting ahead of the rest of Australia. But clearly, now, they have been held behind.”
Ms Payne is “quietly optimistic” that her bill will pass. The last time a similar bill entered parliament, Liberal Democrats Senator David Leyonhjelm’s Restoring Territory Rights (Assisted Suicide Legislation) Bill of 2018, it was defeated by only two votes.
“It was very close,” Ms Payne noted.
Labor Member for Fenner Dr Andrew Leigh moved twice in the last decade to scrap the Andrews ban and restore territory rights, in 2018 with Mr Gosling; but the then-Coalition government would not permit debate.
Private members’ bills such as this, Ms Payne explained, can only be debated when the government of the day approves it.
At that time, no state had legalised euthanasia. Victoria led the way, in June 2019; NSW was the last state to do so, in May.
Labor made an election commitment to prioritise debate on voluntary assisted dying in the Territories, in stark contrast to the Coalition. Ex-Prime Minister Scott Morrison had rejected any debate, while many believe former Senator Zed Seselja’s (Liberal) opposition to euthanasia and territory rights contributed to his losing his seat. (Mr Seselja was open to discussing territory rights, but not in the context of euthanasia.)
- Scott Morrison refusing to allow ACT, NT to legalise assisted dying (19 May)
- ACT, NT euthanasia rights stalled (29 November 2021)
- ‘Playing politics with life and death’: Seselja responds to Gallagher (16 July 2021)
- Hundreds sign Gallagher’s petition against Seselja (15 July 2021)
- Zed vs. the rest: Senator Seselja alone in opposition to euthanasia (8 July 2021)
Ms Payne was “very thankful” Prime Minister Anthony Albanese and the Labor leadership enabled the bill to be debated, particularly in the first sitting of parliament.
“It sends the message that they understand the urgency that this has for people living in the ACT and Northern Territory,” she said. “I think it sends a message that this is a government that cares about people living in the Territories.
“People in Canberra are incredibly keen to have the same democratic rights as our neighbours in Queanbeyan and everyone else in Australia. This is an issue that Canberrans talk to me about all the time.”
“Canberra has been left behind,” Dr Leigh agreed. “It’s not fair, especially for a place that leads the country on so many counts – on clean energy, on protecting ourselves against Covid, on being just too good at Wordle.
“Canberrans deserve the right to debate this issue. We shouldn’t be silenced due to an outdated law that no longer reflects who we are as a country.”
It was hard to tell when a vote would happen, Ms Payne said. It depended on how many politicians in the House of Representatives would want to speak on it; once the speaking list was exhausted, there would be a vote in the House, and the bill would then go to the Senate.
Ms Payne has talked to many members of parliament and said most of those conversations were positive.
“I have a lot of respect for the many colleagues I’ve talked to who don’t necessarily support voluntary assisted dying, but will support this bill, because they support the rights of people in the Territories to have the same democratic rights and to be able to have that discussion for themselves as well,” she said.
Mr Gosling himself opposes euthanasia, but believes the bill will restore democratic rights.
Senator David Pocock will support the bill in the Senate, and will encourage his Senate colleagues to do so as well. In his election campaign, he said his first action as Senator would be a bill on Territory rights, giving the Legislative Assembly the right to legislate on voluntary assisted dying.
“The long running injustice that has seen people in the ACT and NT have fewer rights than people living in the states must end,” he said this week.
“Our community told me this is a priority for them, and that’s why I campaigned strongly on restoring Territory rights.
“We are in a fundamentally different parliament than the last, and I think there is broad recognition from senators that this isn’t about legislating for voluntary assisted dying; it’s simply about giving the ACT and the NT the freedom to have this discussion for themselves.
“I’ve been overwhelmed by the support for this issue. We’ve received around 100 emails just in the past month from people who want to see the rights of the Territories restored. We know there is broad support across the community, with recent surveys showing that around three-quarters of Australians support the rights of the ACT and NT to decide on this matter for ourselves.
“As former Chief Minister and ACT Senator Gary Humphries has said previously, we are mature enough to decide the question of voluntary assisted dying.
“What Canberrans do not need is the federal parliament telling us we can’t examine the question of voluntary assisted dying on our own.
“The right to discuss and ultimately decide this issue is one people in every state has now had.
“It’s time for us to have that same right.”
Ms Payne said she welcomed the fact that now all representatives of the ACT supported equal democratic rights.
“And frankly, I feel that is the core business of anyone representing a Territory should be to believe that their citizens should have the same rights. I think that the decision to vote against Territory rights probably cost Zed Seselja dearly at the last election. To have Senator Pocock’s support is very welcome.”
ACT politicians’ response
ACT Chief Minister Andrew Barr and Tara Cheyne, ACT Minister for Human Rights, were in Parliament House when Mr Gosling and Ms Payne presented the bill.
The same rights and opportunities that the states enjoyed should be extended to nearly three-quarters of a million Australians who reside in the Territories, Mr Barr argued.
“This is fundamentally about equality and ensuring that no matter where you live in Australia, you have the same democratic rights.”
Today was a “a momentous day,” Ms Cheyne, declared. Last year, she and the NT Attorney-General wrote to Federal politicians, arguing that granting the Territories power was a matter of self-determination and justice.
“We are simply asking to be treated the same as citizens in other states, that we do not want to be discriminated against any longer than we have been over the last 25 years,” she said. “We have been hamstrung, banned from having a debate that means so much to the Territories of the ACT and the NT.”
- ‘Politics in the Pub: The Battle for Territory Rights’ this week (27 July 2021)
- MLAs unite for ACT right to legislate on euthanasia (31 March 2021)
- ACT politicians say voting on euthanasia is a ‘democratic freedom’ (25 March 2021)
- ACT should have right to vote on euthanasia, politicians argue (5 March 2021)
Were the ACT to be granted the power to legislate on voluntary assisted dying, Mr Barr explained, the Legislative Assembly would pursue it in a sensible and measured way; the process, led by Ms Cheyne, would take a number of years.
“It will be a conversation, a long conversation,” Ms Cheyne said. “The process would not be rushed through or rammed through.”
The decision would be a conscience vote for the MLAs, Mr Barr said.
Last year, all three of the ACT’s political parties – Labor, Greens, and Liberals – unanimously moved that the Federal Government restore Territory rights so the ACT can vote on voluntary assisted dying (euthanasia).
“The ACT Legislative Assembly is democratically elected by the people of Canberra,” Canberra Liberals leader Elizabeth Lee said this week.
“It should have the right to legislate on this matter on behalf of Canberrans; just as we have the right to legislate on a whole host of other matters dealt with by State and Local Governments across Australia.”
The ACT Greens also welcomed moves in Federal Parliament to overturn laws that prevent the ACT from debating and legislating on voluntary assisted dying.
“The ACT Greens believe that ACT citizens, just like all Australians, should have the same right to make choices about their own life and death as people in other states,” said ACT Greens leader, Shane Rattenbury.
“The restriction on our ability to legislate on voluntary assisted dying is inequitable and undemocratic.
“This issue played a prominent role for Canberrans at the recent federal election, and I am pleased to see the new Federal Government taking swift action to address it.
“Voluntary assisted dying is a deeply important issue to people in the ACT, and we should be permitted to consider this issue within our own democratically elected parliaments.”
