Senate debates

Tuesday, 14 August 2018

Bills

Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015; Second Reading

12:19 pm

Photo of Kristina KeneallyKristina Keneally (NSW, Australian Labor Party) Share this | Hansard source

I rise to speak on the Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 introduced by Senator Leyonhjelm. First I will speak on my views on euthanasia and then I will speak to this legislation specifically. I do not have an in-principle opposition to euthanasia. However, I've always been concerned, and remain so, about how any particular piece of legislation could be crafted to legalise euthanasia and also provide adequate legal protections for vulnerable people. I also believe we can do more as a nation to enhance palliative care. I remain concerned that we might move to support the legalisation of euthanasia before we consider the adequacy of palliative care in Australia.

Further, I believe that all legislators should tread carefully and thoughtfully when dealing with decisions that could put vulnerable people in harm's way. As legislators, we have an obligation to ensure that any laws we enact protect the most vulnerable in the community.

However, the legislation that Senator Leyonhjelm has introduced does not ask senators to approve or disapprove of euthanasia. This bill asks if the legislatures in the territories should have the powers to determine that question for themselves. This power was taken away from the territories by the Euthanasia Laws Act in 1997. I respect that Labor MPs had a conscience vote at the time, and I understand that Labor MPs will do so again on this occasion.

If this legislation proposed by Senator Leyonhjelm were to pass this parliament, it would not immediately restore euthanasia as a legal practice in the Northern Territory. It would simply restore the power of the territories to make laws regarding euthanasia and allow the territories to revisit this question if or when they wished to do so. I agree that this decision-making power should be rightfully returned to the legislatures in the territories. It is my view that the democratic chambers and the elected representatives are able to make this decision for their constituents, as they make decisions on so many other areas of economic and social policy. As such, I will be supporting this legislation.

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