Stirling Griff (SA, Centre Alliance) Share this | Hansard source

I too would like to make a brief contribution to this debate. Whilst this bill's explanatory memorandum states the bill's purpose is fourfold, it is really about two things: the right of the ACT and Northern Territory parliaments to enact their own legislation without federal intervention, and the right of either to legislate for assisted suicide in their jurisdictions. This bill will restore the right which was removed 21 years ago under a private member's bill introduced by conservative Liberal MP Kevin Andrews. Kevin Andrews's Big Brother stance was an insult to the people in parliaments of the Northern Territory and the ACT. He had a moral objection to euthanasia, and so he used the biggest stick he could find to impose his will, the Constitution. At the time of the Commonwealth's interference, the Northern Territory had enjoyed self-governance for about 19 years and the ACT for nine years but, conveniently, the Commonwealth retained the constitutional right to make laws on their behalf. I would argue that this is a misuse of powers and the time has now come to make amends. The Northern Territory and ACT parliaments can and should be trusted to govern in the best interests of their constituents and they should be able to express the will of their constituents without such undue interference from the Commonwealth, just as the states do.

But back to what this bill is all about. Ultimately, it is about the right or otherwise of a person of sound mind with a terminal illness to choose the time and place of their death. This goes against the doctrine of many faiths, in the main because some see it as God's will to determine how and when a person dies and some see death and the process of death as being a cleansing of the soul. Others fear the process: how can we be sure that this is truly the will of and the right thing to do for the person? I too had all of these fears, but in the end I have faith that none of us, no matter our upbringing or faith, desire to see people, particularly those close to us, suffer a distressing death. On this, palliative care, when available, is a very effective option for some. But for many in the late stages of life their final weeks, days and hours often place them in a drugged out state. It is distressing for many and often has very little dignity.

Like many in this place, I have seen family and friends experience an excruciating end-of-life experience over their final days and weeks. I have also seen the opposite. Eighteen months ago my elderly mother, who had significant health issues, made a decision that she would die at 4 am the next day, and she successfully willed herself to do just that. The problem was that we didn't actually believe her at the time. She was able to do what many other terminally ill people wish they could do: die on her own terms. She individually called my kids, freaking out the whole family, called her close friends, stated that she'd had a good life with no regrets and wished us well. And, like most parents, she continued to offer me and my kids advice, and also quite a lot of political advice at the time. We didn't believe her, but she did die on her own terms around 4 am the next morning.

We come into this world to shape it in some way. Whether we live a privileged life or not, our actions, our footprints, impact those close to us and the greater community. We all have a purpose. In their final days, those with a terminal illness deserve the right to exit this world in a dignified manner and at a time and place that enables them to reflect on their life and to say their goodbyes to those they love. We owe them this for their contribution to humanity, and we should have a compassionate approach to their end-of-life choice.

So, yes, I support legalising voluntary assisted dying for the terminally ill, and I emphasise the word 'voluntary'. This is all about the terminally ill person making their own choice to end the suffering caused by their terminal illness. It is not about others using the system to end the life of an otherwise healthy person. I commend the Victorian parliament for becoming the first state to legalise voluntary assisted dying for the terminally ill. Their legislation, whilst considered to be the toughest in the world, is well thought out and responsible. It has a significant number of safeguards and introduces criminal offences to protect vulnerable people from abuse and coercion. In my view, it is model legislation that, over time, all states should adopt. I trust that, should this bill pass, the Northern Territory and, over time, other states and the ACT should consider adopting its content.

Life is precious; death is final. A good death is one where the dying person has that opportunity to reconcile their life and to save their goodbyes to loved ones on their terms. This bill is about compassion, and I truly hope fellow senators understand this and will support its passage.