The Northern Territory was the first jurisdiction to legislate for voluntary assisted dying when the NT Legislative Assembly passed the Rights of the Terminally Ill Act in 1995.
In 1997, the Commonwealth Parliament passed the Euthanasia Laws Act 1997 (Cth) to amend the Australian Capital Territory (Self-Government) Act 1988 (Cth) and the Northern Territory (Self-Government) Act 1978 (Cth) to remove the power of both territories to legislate to legalise euthanasia or assisted dying. This ban persists to this day, 24 years later.
On 3 March 2021, we wrote to several senior Ministers in the Commonwealth Government outlining our Governments' serious concerns regarding the continued ban on the ACT and the NT being able to consider legislation providing for voluntary assisted dying.
We also drew attention to the human rights implications of this continuing prohibition, noting that it was likely inconsistent with the Australia's international human rights obligations. Australia is party to the International Covenant on Civil and Political Rights which guarantees citizens the right to take part in the conduct of public affairs, and individuals are entitled to enjoy their human rights without distinction or discrimination of any kind. Prohibiting ACT and NT citizens from participating in public life in ways in that citizens in the states can, by virtue of these citizens living in territories, may limit these human rights.
Since we wrote in March 2021, Tasmania, South Australia and Queensland legislated for voluntary assisted dying. Alongside Victoria and Western Australia, this mean five states have now legislated. It is expected that the New South Wales parliament will consider legislation shortly, with NSW Premier Dominic Perrottet confirming that a conscience vote will be permitted.
After almost seven months, including following up formally and informally on several occasions, we received the correspondence dated 1 October 2021.
In summary, this correspondence:
- advises the Commonwealth Government does not have any current plans to introduce legislation to repeal the Euthanasia Laws Act 1997 (Cth)
- fails to respond to the issue of Territory rights, instead advising that there is a 'diversity of views' on voluntary assisted dying
- fails to respond to the very serious human rights implications we have raised
Attorney-General Cash's correspondence ignores the very real concerns of ACT and Northern Territory citizens, and that of our Governments.
It shows contempt towards the issues reflected by citizens across Australia who are appalled that ACT and NT residents cannot engage in a genuine way on this issue while residents in every single state can.
The response also lacks reasoning and an explanation behind the Commonwealth Government persisting with its approach to allow for the democratic rights of citizens in its own country to be inconsistent, simply based on whether a resident lives in a state or territory.
This untenable situation cannot be ignored, and it is unconscionable that the Commonwealth Government has attempted to do so—particularly in light of how voluntary assisted dying laws have progressed in other jurisdictions (with Labor and Liberal Governments) this year.
We further note that Country Liberal Party Senator Sam McMahon (NT) introduced a private member's bill—Ensuring Northern Territory Rights Bill 2021—earlier this year.
This Bill seeks to remove laws that limit the ability of the Northern Territory Legislative Assembly to legislate for voluntary assisted dying if its Legislative Assembly chooses to do so.
The Bill does not seek the same removal of laws for the ACT. Senator McMahon consulted ACT Liberal Senator Seselja on this earlier during 2021 and he explicitly requested the ACT not be included in seeking this removal. This is despite all parties in the ACT Legislative Assembly having urged the Commonwealth Government and Parliament to lift the current restriction on ACT residents' right to consider this issue, including explicitly on 31 March 2021.
We are perturbed that the correspondence received from the Commonwealth Attorney-General appears to actively and blatantly contradict the intentions of Senator McMahon's private member's Bill given it was generated from within the same party as the Federal Government.
Following its introduction, Senator McMahon's Bill was referred for inquiry by the Senate Standing Committee on Legal and Constitutional Affairs.
The Committee inquired into and provided a report on the Bill on 6 October 2021. We note that, following its inquiry, the Committee has not provided any recommendations in its report. However, the Liberal-chaired Committee did highlight that if other territories, including the ACT, were not included with regard to removing the prohibition on legislating for voluntary assisted dying, the disparity between state and territory residents' ability to debate and legislate in relation to VAD would not be resolved (paragraph 2.43 in the report). Minority reports from Federal Labor and the Australian Greens also supported the inclusion of the ACT in the abovementioned Bill.
We note the Commonwealth Attorney-General's correspondence was signed before the Standing Committee's report was released.
We encourage all Commonwealth Senators and Members of Parliament, to engage strongly and urgently:
- with the Ensuring Northern Territory Rights Bill 2021
- with the Senate Standing Committee on Legal and Constitutional Affair's report, and associated minority reports
- with recent correspondence which we have publicly released today
We are available to discuss at any time.
Joint media release: Tara Cheyne, MLA | Hon Selena Uibo
