It's beyond time to restore Territory rights

01 August 2022

On behalf of the overwhelming majority of people who call the Territories home, I introduce this very simple but long-overdue legislation.

A Private Member’s Bill to restore the right of self-determination to the people and Parliaments of the Northern Territory, and the Australian Capital Territory.

The Northern Territory was the first jurisdiction in the world to legislate voluntary assisted dying.

That was a quarter of a century ago.

The former Member for Menzies was successful in his efforts to block the Territory’s law a year later, also ensuring that the ACT would similarly not be able to legislate on this issue.

Since what became commonly known as the Andrews Ban came into effect, many jurisdictions around the world have debated and legislated voluntary assisted dying.

That includes all of Australia’s six states.

But even though he has left the Parliament, the NT and the ACT remain gagged and bound by the former Member for Menzies.

This is the third time I have worked with colleagues to bring forward a bill to overturn that ban.

And I thank the Prime Minister, Minister Burke, and my other colleagues for understanding the importance of putting this bill forward in the first sitting period of this new Government.

At its heart, what I and my co-sponsor Alicia Payne are seeking to do in this private member’s bill – with the full support of our fellow Territory Labor members and senators – is to simply and directly reverse the Andrews ban.

This bill does not legislate voluntary assisted dying.

It is about democratic equality and fairness.

For too long, Australians living in the Territories have been treated as second-class citizens when it comes to legislating on matters that impact their own lives.

It’s well past time for that to end.

It is called the Restoring Territory Rights Bill because that is all it seeks to do – to level the democratic playing field and restore legislative rights to the Territories.

As federal legislators, it is not our role when it comes to voting on this bill, to treat it as a vote by proxy for or against voluntary assisted dying.

That is not our responsibility.

That responsibility lies with the Members of the NT and ACT Legislative Assemblies, should they choose to draft legislation on this issue.

The Restoring Territory Rights Bill 2022 will simply remove constraints that the Commonwealth Government placed on the legislative powers of the NT and ACT a quarter of a century ago.

The bill restores the democratic rights of citizens in the Territories by removing a constraint on the legislative authority of their elected representatives which does not exist anywhere else in Australia.

Many in Australia in 1996 were not ready for the reality of voluntary assisted dying.

I understand that.

And it is important to note that this bill does not automatically revive and restore the NT’s Rights of the Terminally Ill Act 1995.

That act is null and void.

But now in 2022, this Bill is to ensure that the Parliaments of both the NT and the ACT, and the people they represent, can interrogate the issue in a time and manner of their choosing.

And if they do choose to legislate on this matter, they will have the full advantage of being able to draw on the legislative legwork done by all of the Australian states, plus that of other nations.

There are many who have concerns about euthanasia and voluntary assisted dying, and I respect those concerns.

I myself am on the record as being against euthanasia.

My personal priority is for improved and strengthened palliative care.

The principle here is that those dying of a terminal illness should have the right to a dignified and compassionate death.

And any future VAD legislation must have strong safeguards to protect the vulnerable.

Compassion must be exercised in all directions.

It will be up to the NT Legislative Assembly to do extended and thorough consultation with all Northern Territorians on whatever legislation they ultimately might choose to bring forward to ensure that the matter is thoroughly understood before it may be enacted.

I have other colleagues in this place who have similar concerns to mine, for reasons relating to their faith or for other personal reasons.

But where many of us are united is in knowing that our support of this bill does not automatically confer support for voluntary assisted dying.

We know that we are not legislating for that.

We are simply righting an old wrong, and ensuring that all Australians have equal democratic rights.

That is our job – to ensure fairness across the board for all our citizens, regardless of whether they live in a state or a territory.

This is the third time I have brought forward a bill to Restore Territory Rights.

I sincerely hope it is the last.

I ask all of the honourable members here, and all senators in the other place, to support the rights of Territorians to be democratically equal to other Australians.

I commend the bill to the house.

And I yield the remainder of my time to my ACT colleague, the Member for Canberra.