Senate debates

Thursday, 1 December 2022

Bills

Restoring Territory Rights Bill 2022; In Committee

7:20 pm

Photo of Deborah O'NeillDeborah O'Neill (NSW, Australian Labor Party) Share this | Hansard source

I want to ask a question, but first can I convey my deep sympathy to you, Senator Allman-Payne. This is very, very real for all of us, and there is no judgement. We are best when we respect each other. That's when we're our finest. I'm sure everyone here and those listening would convey their deep condolences to you on your loss.

I'm very appreciative, Senator Pocock, of the tabling of the advice, and I have had the chance now to have a look at that. It is a beautifully written document, as you would expect from a barrister who has given this as a pro bono contribution to our national debate on this issue. Can I just indicate that there are a few words in here that I would be picking up if I was doing some analysis in my year 11 English class, words like 'potentially excluded' and 'potentially affected'. It's a very useful piece of information, and I'm sure that it will be taken on board by the state—the territories, sorry; perhaps I do have an inadvertent desire for you to become a state, as well—by the territories and will become part of what informs their deliberations moving forward.

Nonetheless, I am not convinced by the argument that has been put on the floor this evening that supporting Senator Nampijinpa Price's amendment would be the end of any possibility of responding to the will of the people of the ACT and the Northern Territory. I also acknowledge the incredibly eloquent and beautiful contribution of my colleague from the Northern Territory Senator Malarndirri McCarthy. I wonder if I can again ask that question of Senator Nampijinpa Price: can you clarify for me, can you add anything to the debate this evening about why it is that you believe the word that was put in here by the Clerk—the word 'solely'—addresses the issues of protecting people under the age of 18 and those with a disability from being engaged in the process of voluntary assisted dying.

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