Senate passes Territory euthanasia rights bill

Laws restricting the ACT and Northern Territory from legislating on voluntary euthanasia have been repealed after more than two decades of being in place.

The Restoring Territory Rights Bill passed parliament on Thursday night. Picture: istock

Laws restricting the ACT and Northern Territory from legislating on voluntary euthanasia have been repealed after more than two decades of being in place.

The Restoring Territory Rights Bill passed parliament on Thursday night, overturning legislation put forward by Liberal MP Kevin Andrews in 1997 that precluded the territories from being able to debate and pass voluntary assisted dying laws.

Despite all states having passed voluntary assisted dying laws since that time, the restrictions on the territories had ­remained.

Amendments by Coalition senator Jacinta Price were put forward to impose caveats on the territories that would not allow people with disabilities and mental illness to access voluntary assisted dying if they suffered no other condition.

The amendments were voted down 37 to 25, with senators from across party lines voting against the changes.

Greens senator Jordan Steele-John, who uses a wheelchair, voted against the amendment, which he said only “purported to be for the benefit and protection of disabled people”.

“What it is not OK to do is to weaponise disabled people’s lives … for political purposes,” he said.

Senator Steele-John said there also needed to be an acknowledgment of the idea that “it is better to be dead than disabled” and for that to be considered by ­territories as they designed their legislation.

Fellow Greens senator Penny Allman-Payne also voted against the amendment and, in a teary address, said her mother who had been diagnosed with multiple sclerosis in 2019 would have liked the option of accessing voluntary assisted dying – which was not yet available.

Senator David Pocock tabled legal advice he had commissioned on the amendments, which said that the autonomy of people with ­defined disability or mental ­impairment would be impacted by the bill and the restrictions could therefore be found to be ­discriminatory.

Labor senator Deborah O’Neill said there were inherent risks with voluntary assisted dying that gave her “great concern” and she voted in favour of the amendment, while Liberal senator Simon Birmingham voted against.

The bill was passed on voices, with the “ayes” resounding across the chamber. Applause followed the passing of legislation.

ACT chief minister Andrew Barr revealed on Thursday the ACT would look to legislate voluntary assisted dying within as soon as 12 months.

“We will have a thorough and engaged process and it will be a conscience vote. I think it will bring out the best in the ACT parliament,” he said.