Luke Gosling (Solomon, Australian Labor Party) Share this | Hansard source

I move:

That this bill be now read a second time.

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

I present a private member's bill for an act to amend the law in relation to the legislative powers for the territories and for related purposes. In short, this private member's bill is to restore the right of self-determination to the people and to the 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 on voluntary assisted dying, including all 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. In the previous parliament, that was with my friend the member for Fenner.

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 the member for Canberra are seeking to do in this private member's bill, with the full support of our 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 our 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.

This private member's 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 in a 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 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 voluntary assisted dying legislation must have strong safeguards to protect the vulnerable.

Compassion must be exercised in all directions.

But these are issues for the legislative assemblies to consult on draft legislation for and to decide. It will be up to them. I am sure that they will make sure that their constituencies fully understand these issues before legislating.

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

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

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 citizens, regardless of whether they live in a state or a territory.

As mentioned, this is the third time I've brought forward a bill to restore territory rights.

I sincerely hope it's the last.

I ask all 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.

I yield the remainder of my time to my ACT colleague and co-sponsor, the member for Canberra.

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