Luke Gosling (Solomon, Australian Labor Party) Share this | Link to 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.

Alicia Payne (Canberra, Australian Labor Party) Share this | Link to this | Hansard source

I am proud to second the motion. I thank the member for Solomon. It has been an honour to work with you on this private member's bill, the Restoring Territory Rights Bill 2022, in solidarity with our Northern Territory colleagues the member for Lingiari and Senator Malarndirri McCarthy.

In 2022 our democracy is not equal, because some Australians don't have the rights to debate a certain issue, simply because of where they live. Some Australians don't have rights simply because they live in the ACT and the Northern Territory. In 1997 the parliament moved what has become known as the Andrews bill, in response to the Northern Territory legislating for voluntary assisted dying, to prevent the territories from making such legislation. For 25 years we have been unable to have that debate, and in that 25 years all other Australian states have passed legislation in this regard.

For 25 years Canberrans have stood up in this place, and outside of it, to advocate to have the same democratic rights. It is on their behalf that I second this bill. I second it on behalf of my ACT federal Labor colleagues: the member for Fenner, who has moved several bills like this in the past; the member for Bean, like me elected in 2019, who has stood up for the rights of his constituents to have this debate; and Senator Katy Gallagher, who has advocated for territory rights for over 20 years, including as Chief Minister of the ACT. Our ACT Chief Minister, Andrew Barr, and Minister for Human Rights, Tara Cheyne, have campaigned long and hard to raise awareness of the need for the federal parliament to allow these rights for our territory, and I'm very pleased that they can join us today. I hope that this time our federal parliament will do this for our citizens of the ACT.

Voluntary assisted dying is an issue with strong views on either side of the discussion and implications for many. It is a debate that we really need to have and we should be allowed to have. This bill would enable us to do that. This parliament has tried many times to do this over the years. As well as my Labor colleagues, I want to acknowledge Senators Lyn Allison, Bob Brown, Richard Di Natale and David Leyonhjelm, who have moved bills like this in the past. I'm proud that all representatives of the ACT in the federal parliament support territory rights, including Senator David Pocock, and I welcome his advocacy and support on this issue. I also want to acknowledge the support of our territories minister, Kristy McBain, on this important issue and of our leadership for allowing this important debate in the parliament, particularly in the very first sittings of the new Albanese Labor government.

I want to urge members of this parliament to please support this private member's bill. Those in the states may not have had cause to think about this much before, but, for Canberrans and Northern Territorians, this is personal and this is urgent. This is an incredibly important debate that we are not allowed to have, simply because of where we live. It is well past time that we had the same rights as those across our borders to debate this issue. I do deeply respect the views on either side of the discussion. I know that many of my colleagues I've spoken to may not support voluntary assisted dying but they do support our right to have the debate. As the member for Solomon has said, it's not our responsibility in the federal parliament to decide on that issue itself, but we should give the right to all Australians to have an equal right to the discussion.

Again, I urge my colleagues to please support this. Let this be the time that we write this historic wrong. Let this be the time that we deliver equal rights to Australians living in Canberra and living in the Northern Territory to discuss voluntary assisted dying. I do this on behalf of all the constituents who have raised this passionately with me, who feel that we are second-class citizens in Australia in 2022. I again urge our federal parliament to please deliver us the same rights.

Milton Dick (Speaker) Share this | Link to this | Hansard source

The time allotted for this debate has expired. The debate has adjourned and the resumption of the debate will be made in order of the day for the next sitting.