Anne Urquhart (Tasmania, Australian Labor Party) Share this | Hansard source

I rise today to speak on the Narcotic Drugs Amendment Bill 2016. This bill amends the Narcotic Drugs Act to allow the licensing of growers of medicinal cannabis in Australia to establish a tightly controlled supply chain. I commend this move and recognise that in my home state of Tasmania we have already been safely and effectively growing poppies to produce opiates for many years, and I believe there is much to learn from this experience.

I would also like to recognise the government's agreement to create an expert advisory panel, which I hope will go some way to addressing the process questions that Labor has had with this bill. Labor is willing to work constructively with both the government and the Greens in the formation of this panel. However, I am still disappointed that this bill took so long to get to the parliament and that it will not be sent to a Senate inquiry for consideration. A short inquiry was Labor's preferred option. This was not to hold things up but to insure there were no unintended consequences that could limit the effectiveness of the bill or lead to other unexpected issues. This is a complex legal area, with many impacting state and federal laws as well as international treaties. In this context, it is a shame that the government and the Greens have joined to reject a Senate inquiry which would have created an avenue for public input and expert advice that could quite possibly have resulted in better legislation at the end of the day. That being said, I would like to congratulate those of all stripes who have seen that medicinal cannabis is a health issue that should be elevated above partisan politics.

Access to safe, reliable, legal and affordable medicinal cannabis is something that I have personally been fighting for for a long time. Last year, I was very pleased that I was able to be part of the process of change as co-sponsor of the Regulator of Medicinal Cannabis Bill, which would have established a government body to manage the production and supply of this vital treatment. There is no doubt that cannabis has brought relief and dramatic reduction in pain and suffering to so many Australians. In my home state of Tasmania, I have personally met with many individuals who have seen their lives and the lives of their loved ones turned around through this treatment. Sadly, though, there are just as many heartbreaking stories of those who continue to suffer because they are unable to gain access to this treatment. And there are many others who are still branded criminals under Australian law for accessing and using this treatment, despite the incredible and proven health outcomes. For too long, Australians have been forced to navigate underground criminal networks in order to secure a medication that we know works. There is no doubt in my mind that change is desperately overdue. Today, I would like to recognise all the individuals who have been fighting through every possible avenue to make this change happen. When medicinal cannabis is finally legalised, parliament may be the instrument but it certainly would not have happened without the tireless advocacy of so many special people—and they are very special people.

I would specifically like to formally acknowledge all the brave Tasmanians who have had the courage to go public with their own stories, despite potential personal risks, in order to mount the case for reform. People like Natalie Daley from Ulverstone, who has publically shared her very personal experience of the incredible change medicinal cannabis has made to her life since she was diagnosed with a rare form of cancer. There is Lyn Cleaver from Launceston. Lyn has fought tirelessly for change for her son Jeremy who suffers from severe epileptic seizures, which have been dramatically reduced through the use of cannabis. And Nicole Cowles from Kingston has been a fantastic advocate for change since cannabis turned her young daughter Alice's life around.

And I cannot forget Jessie from my home region of the north-west coast of Tasmania and her amazing little girl April, who is four and has started school for the first time this year. April suffers from Dravet syndrome, which causes her to have more than 1,000 seizures a day. At their wits end, Jessie and her partner, Paul, turned to cannabis oil in an attempt to contain April's attacks. It would not be an overstatement to describe April's turnaround as miraculous, with her attacks dropping from triple digits to as few as six. I would like to read a post that Jessie posted on her Facebook page just a week ago. She writes about April:

This girl has rocked my world. The love i feel for her is nothing i have ever experienced before. The journey i was signed up to since her birth was not one i ever asked for but one i was given. And i am so proud that it was me choosen to be her mummy, it was me that was to take part in such a horrific, scary yet wonderful journey! There have been so many close calls. So many times we were told her little life was coming to a end. We planned a funeral as we were told it was best for our family. We even had someone close record a written song for this. Just over a year ago her tiny heart stopped beating and it took 20 mins of non stop help by paramedics to get her back. Most would have stopped by that time. But the man that brought her back on this horrific day NEVER—

And she has emphasised 'never'—

stopped and if not for him i wouldnt have my April. All i remember was him telling her over and over "you dont give up princess you come back to me" i remember standing there watching him and screaming save her. Worst part was having—

my eldest daughter—

… standing next to me screaming " mum whats wrong with april" over and over. I could not comfort her, i couldnt speak to her. I was in such a state and was praying to god to save my daughter. April went 20 mins with not breathing. She suffered horrific brain damage and lost many skills but regained some over time. Thank god we have never had a similar experience since that day. I know dravet is a very bad disease. I no it claims the lives of so many little kids every day. I used to live my life thinking i would loose April. I never planned anything with her because we were told each day was a blessing. Not so long ago i chose not to live like that. I chose to believe my daughter would not die and she would live a long life. I started think different for her and for me and my family. There was no point in me falling to bits as despite Aprils illness i had three other tiny faces who needed me to be there mummy and needed me to be positive. I dont no what Aprils future holds! but none of us no what the future holds. So i just feel blessed she can go to school, that she is happy and i pray for her. I no every mother says this but i truely believe April is here to change the world. I need to believe she will go on to adult life and be fine. No way if i can help it will she leave this world before i do.

There are many others across the state and, indeed, across the country who have bravely and compellingly made the case for change. To all of those people, by putting a human face on this issue, you have helped to put medicinal cannabis firmly on the political agenda, and for this you should be congratulated. You have made great steps in convincing three-quarters of Australians that medicinal cannabis needs to be legalised. Now it is time for the law to catch up.

The bill before us today probably would not have been the bill that Labor would have introduced, but we cannot let the perfect be the enemy of the good. We will not stand in the way of this legislation, because we do believe it is moving in the right direction. There is no doubt that the intent of this bill aligns with Labor Party policy. Last year, Leader of the Opposition, Bill Shorten, announced that a Labor government would commit to making medicinal cannabis available to those who need it.

There have also been some very progressive and positive moves in some states in this area. The Queensland Premier, Anastacia Palaszczuk, has thrown her support behind trials and law reform. The Victorian Premier, Daniel Andrews, went to the election promising to make medicinal cannabis available by 2017. New South Wales has held an inquiry and also committed to undertake trials. The 2013 inquiry in this state made a recommendation for a uniform national scheme, and this is what Labor would like to see also. In fact, federal Labor has already committed to developing a nationally consistent scheme where access to medicinal cannabis is not determined by your postcode and the vagaries of the laws in your state. Currently we have a system that criminalises those that take their health into their own hands. We have a system which sends otherwise law-abiding Australians to the black market to source what can be a life-saving treatment. Medicinal cannabis users are exposed to prosecution and further legal action, which can have serious implications for their family and working lives. And, because the only source of the product is through criminal networks, both supply and quality can be very unreliable. This undoubtedly leads to further health risks for people who rely so much on this treatment. We also have doctors who privately recommend the treatment to their patients, but are not allowed to put their recommendations on the official record formally for fear of the professional ramifications for themselves. As a result, medicinal cannabis cannot be taken into account as part of a holistic treatment regime. This is not right.

While I acknowledge the moves by some states for change in this area, it is clear that a federal framework is absolutely necessary and it is clear that people should not be criminalised for taking responsible steps to look after their health or the health of their loved ones. This is something that I am particularly concerned about, and I would like to see further detail on how this will work under the bill before us here today. We need to ensure that there are adequate safeguards within the legislation to ensure that people who use cannabis for legitimate medical concerns are not at risk of prosecution. While I understand it is proposed that patients will be able to access treatment on prescription, I would like to see a lot more detail on how this is going to work in practice. I understand that when this legislation passes, the TGA will move to make the product available through clinical trials, the Special Access Scheme and Authorised Prescriber Scheme. However, I would still like a guarantee from the government that Australians with legitimate health concerns will be able to access treatment within the law, regardless of where they live. In the meantime, those who are using cannabis for medicinal purposes should be free from prosecution. National leadership and nationally consistent laws are absolutely vital so we do not end up with a patchwork legal landscape where you can be a criminal in one state but a legal user in the next one.

Another area that I think needs to be a key focus is affordability. Many users of medicinal cannabis are very unwell and often are only able to work a limited number of hours, if they are able to work at all. As a result, money can be incredibly tight. But this should not be an impediment to securing the treatment that they so dearly need. I would call on the government to ensure that affordability is a key goal of the implementation of this legislation.

In summary, while there are some details about how this bill will work in practice that I am cautious about, I recognise that it is a move in the right direction, and we are happy to support it in this place today. We need to guarantee that safe, reliable and legal medicinal cannabis is available affordably to those Australians who would benefit from its treatment. I urge the government to ensure that all of these key requirements are met as the bill proceeds into implementation. And I commend all of those who fought so hard to get action in this important health policy area.