Restoring Territory Rights

Current status

This bill became law on Dec 13th, 2022.

Policy area

Law, justice & rights

What does this bill do?

People in the Australian Capital TerritoryThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. can again have their elected parliament debate and pass voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws, because the federal ban on ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. lawmaking in this area is removed.

Why was it introduced?

A 1997 federal ban stopped the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. from making voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws, leaving TerritoriansPeople who live in the ACT or Northern Territory. with fewer democratic rights than elsewhere in Australia. This bill removes that ban so their elected parliaments can debate and pass new laws, without automatically reviving the NT's 1995 lawThis was the NT's 1995 assisted dying law, and this Act makes clear it does not automatically start operating again for anything done from 27 March 1997 onward..

Broader context

The Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. legislated voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. in 1995, but the CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997.'s 1997 Andrews banThis was the federal law that stopped the ACT and NT from making laws about voluntary assisted dying. stopped the NTThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. and ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. from making laws on the issue and left TerritoriansPeople who live in the ACT or Northern Territory. with fewer lawmaking powers than the states. As every state later passed its own voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws, this bill was introduced in 2022 to remove the federal ban. Royal AssentThe final formal approval that turns a passed bill into law. restored the territories' power to debate and pass new laws without reviving the NT's 1995 lawThis was the NT's 1995 assisted dying law, and this Act makes clear it does not automatically start operating again for anything done from 27 March 1997 onward..

Key criticism

The main criticism was that repealing the federal ban was effectively a back-door step toward legalising voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. in the territories, with opponents warning this could endanger vulnerable people and weaken protections for life. That case was raised by a sizeable minority of MPs and some senators seeking extra safeguards, but the strongest objections came from members who opposed handing this power back at all.

Who supported it?

Luke Gosling MP and Alicia Payne MP introduced this bill. It passed with support from Greens, Jacqui Lambie Network, some crossbench members; opposed by Liberal Party, Nationals, some crossbench members.

Introduced in House 01 Aug 2022
Passed House 03 Aug 2022 Aye 99 No 37
Passed Senate 01 Dec 2022
Became law 13 Dec 2022

Did it become law?

Yes

Became law 13 Dec 2022

Final passage

Recorded final vote

1 counted final-passage vote was recorded.

Passage speed

134 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. People in the Australian Capital TerritoryThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. can again have their elected parliament debate and pass voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws, because the federal ban on ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. lawmaking in this area is removed.

  2. People in the Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. can again have their elected parliament debate and pass voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws, because the federal ban on Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. lawmaking in this area is removed.

  3. The old 1995 Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. euthanasia law does not restart for anything done on or after 27 March 1997, so this ActThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. does not itself bring back that earlier law.

  4. The Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. can later pass a new law to change that position, instead of the old 1995 law automatically coming back on its own.

Show source excerpts
  1. 4. This item repeals subsections 23(1A) and (1B), as inserted by the Euthanasia Laws Act 1997, which prevented the Australian Capital Territory from enacting voluntary assisted dying legislation.
    Restoring Territory Rights explanatory memorandum
  2. 5. This item repeals section 50A, as inserted by the Euthanasia Laws Act 1997, which prevented the Northern Territory from enacting voluntary assisted dying legislation and rendered the Rights of the Terminally Act (NT) inoperative.
    Restoring Territory Rights explanatory memorandum
  3. (b) has no force or effect as a law of the Territory in relation to any act or thing done on or after that day.
    Restoring Territory Rights as-passed bill text
  4. 8. Subitem (2) ensures that subitem (1) remains on foot unless the Northern Territory legislates to the contrary after the commencement of this item.
    Restoring Territory Rights explanatory memorandum

Broader context for this bill

The Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. legislated voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. in 1995, but the CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997.'s 1997 Andrews banThis was the federal law that stopped the ACT and NT from making laws about voluntary assisted dying. stopped the NTThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. and ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. from making laws on the issue and left TerritoriansPeople who live in the ACT or Northern Territory. with fewer lawmaking powers than the states. As every state later passed its own voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws, this bill was introduced in 2022 to remove the federal ban. Royal AssentThe final formal approval that turns a passed bill into law. restored the territories' power to debate and pass new laws without reviving the NT's 1995 lawThis was the NT's 1995 assisted dying law, and this Act makes clear it does not automatically start operating again for anything done from 27 March 1997 onward..

  1. 1995

    Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. legalises voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards.

    The Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. became the first jurisdiction in the world to legislate voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards., creating the law later overridden by the CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997..

    Hansard ↗
  2. 1997

    CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. passes the Andrews banThis was the federal law that stopped the ACT and NT from making laws about voluntary assisted dying.

    The Euthanasia Laws Act 1997This was the federal law that stopped the ACT and NT from making laws about voluntary assisted dying. prevented the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. legislatures from considering voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws.

    Hansard ↗
  3. 2016

    Nebojsa Pavkovic dies after a five-week hunger strike in Canberra

    Supporters cited his death from Parkinson’s-related suffering as a stark example of the human cost of the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. being unable to legislate for voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..

    Hansard ↗
  4. March 2021

    Tasmania passes voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws

    Tasmania became the third Australian state at that time to legislate voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards., reinforcing that the territories were being left behind.

    Hansard ↗
  5. 01 Aug 2022

    Bill introduced to restore territory lawmaking power

    Sponsors presented the bill as a long-overdue move to give the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. the same right as the states to debate and pass their own laws on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..

    Hansard ↗
  6. 01 Dec 2022

    Parliament passes the bill

    Both houses passed the bill in the same form, clearing the way to remove the 1997 federal restriction on territory legislatures.

    Parliamentary timeline ↗
  7. 13 Dec 2022

    Royal AssentThe final formal approval that turns a passed bill into law. restores territory rights

    Royal AssentThe final formal approval that turns a passed bill into law. turned the bill into law, restoring the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act.’s power to make new voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws without automatically reviving the NTThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act.’s 1995 ActThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act..

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 01 Aug 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 01 Aug 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 01 Aug 2022

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 01 Aug 2022

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Second reading debate 02 Aug 2022

The bill reached this recorded parliamentary step.

Returned from Federation Chamber 03 Aug 2022

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House second reading agreed 03 Aug 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House third reading agreed Aye 99 No 37 03 Aug 2022

Recorded vote: 99 to 37.

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 03 Aug 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 03 Aug 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 05 Sept 2022

The bill reached this recorded parliamentary step.

Human Rights review 07 Sept 2022

The bill was considered by the human rights scrutiny committee before passage.

Considered

APH bill page
Second reading debate 08 Sept 2022

The bill reached this recorded parliamentary step.

Second reading debate 28 Sept 2022

The bill reached this recorded parliamentary step.

Second reading debate 27 Oct 2022

The bill reached this recorded parliamentary step.

Second reading debate 24 Nov 2022

The bill reached this recorded parliamentary step.

Senate second reading agreed Aye 41 No 25 24 Nov 2022

Recorded vote: 41 to 25.

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Committee of the Whole debate 24 Nov 2022

The bill reached this recorded parliamentary step.

Committee of the Whole debate 01 Dec 2022

The bill reached this recorded parliamentary step.

Senate third reading agreed 01 Dec 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Passed both houses 01 Dec 2022

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 13 Dec 2022

The Governor-General gave Royal AssentThe final formal approval that turns a passed bill into law., turning the bill into an ActThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act..

The main case against this bill

The main criticism was that repealing the federal ban was effectively a back-door step toward legalising voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. in the territories, with opponents warning this could endanger vulnerable people and weaken protections for life. That case was raised by a sizeable minority of MPs and some senators seeking extra safeguards, but the strongest objections came from members who opposed handing this power back at all.

Criticism was real but mostly tied to euthanasia risks and federal control, not to a broader drafting failure.

Back-door path to legalising assisted dying

Several opponents argued the bill was not just about democratic rights for the territories but a practical step toward letting the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. legalise voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards.. They said Parliament should judge it by that likely outcome, not by the territory-rights framing alone.

Raised by Luke Howarth, Rowan Ramsey, Andrew Wallace and other MPs opposing the bill Source ↗

Risk to vulnerable people and inadequate safeguards

Critics warned that allowing territory parliaments to legislate for voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. could expose vulnerable people to coercion, abuse or unsafe laws. Some said the bill asked the CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. to remove a restraint without first ensuring stronger protections, while defeated Senate amendments sought limits around minors, disability, mental impairment and access to lethal drugs.

Raised by Matt Keogh, Julian Leeser, Rowan Ramsey, Senator Nampijinpa Price and Senator Duniam Source ↗

Commonwealth should keep control over the territories

Some opponents argued the federal parliamentOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. should retain authority over this issue because the territories are not states and should not receive the same lawmaking freedom here. On that view, euthanasia was too serious to leave to territory legislatures and should remain under CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. control.

Raised by Terry Young, Andrew Wallace and Luke Howarth Source ↗

Recorded votes

How the bill itself passed

The chamber-passage votes come first. Expand a vote to see the party breakdown.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

01 Dec 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Carried

House passed the bill

Aye 99 No 37

Passed 99 to 37. Support came from Greens, Centre Alliance, and minor parties and independents. Opposition came from Katter's Australian Party. 15 cross-floor votes were recorded. Labor, Liberal Party, and Nationals had split recorded votes. Minor-party and independent votes were split.

03 Aug 2022

Party Recorded votes Aye / No
Labor 59 / 5
Unknown 24 / 13
Liberal Party 5 / 11
Nationals 5 / 7
Independent 4 / 0
Greens 1 / 0
Centre Alliance 1 / 0
Katter's Australian Party 0 / 1

Earlier bill-stage votes

Carried

Senate cleared second reading

Aye 41 No 25

Passed 41 to 25. Support came from Greens, Jacqui Lambie Network, and minor parties and independents. 8 cross-floor votes were recorded. Labor, Liberal Party, Nationals, and One Nation had split recorded votes. Minor-party and independent votes were split.

24 Nov 2022

Party Recorded votes Aye / No
Labor 13 / 4
Liberal Party 3 / 13
Greens 12 / 0
Unknown 9 / 3
Nationals 1 / 4
One Nation 1 / 1
Independent 1 / 0
Jacqui Lambie Network 1 / 0

Amendments at a glance

Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Defeated

Restrict territory euthanasia laws

Aye 25 No 37

Defeated 25 to 37. Support came from Nationals, One Nation, and UAP. Opposition came from Greens, Jacqui Lambie Network, and minor parties and independents. 3 cross-floor votes were recorded: Raff Ciccone (Labor), Andrew Bragg (Liberal Party), and The Hon Richard Colbeck (Liberal Party). Liberal Party and Labor had split recorded votes. Minor-party and independent votes were split.

01 Dec 2022

Because the amendments failed, the bill went forward without those extra federal limits on what future ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. or Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws could cover.

Party Recorded votes Aye / No
Liberal Party 13 / 2
Labor 1 / 13
Greens 0 / 12
Unknown 4 / 8
Nationals 5 / 0
Independent 0 / 1
Jacqui Lambie Network 0 / 1
One Nation 1 / 0
UAP 1 / 0
Defeated

Call for tighter assisted-dying drug controls

Aye 23 No 42

Defeated 23 to 42. Support came from One Nation and UAP. Opposition came from Greens, Jacqui Lambie Network, and minor parties and independents. 5 cross-floor votes were recorded. Labor, Liberal Party, and Nationals had split recorded votes. Minor-party and independent votes were split.

01 Dec 2022

Because the amendmentA proposed change to the bill text or to a motion about the bill. failed, the Senate adopted the report without adding this call for stricter controls on approval and importation of voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. drugs, and the bill continued unchanged.

Party Recorded votes Aye / No
Labor 1 / 16
Liberal Party 13 / 3
Greens 0 / 12
Unknown 3 / 8
Nationals 4 / 1
Independent 0 / 1
Jacqui Lambie Network 0 / 1
One Nation 1 / 0
UAP 1 / 0

This list includes amendment votes, procedural votes and votes on the bill itself.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Luke Gosling

Australian Labor Party • MP 01 Aug 2022

Gosling strongly supports the bill, saying it restores the territories' democratic rights by removing an unfair federal constraint and letting their elected assemblies decide the issue for themselves.

Read in Hansard ↗
Lead opposing voice Opposes

Julian Leeser

Liberal Party • MP 02 Aug 2022

Leeser opposes the bill and argues it would let the territories legalise euthanasia, which he says is wrong in principle and dangerous for vulnerable people, especially Indigenous Australians.

Read in Hansard ↗
Lead supporting voice Supports

Jane Hume

Liberal Party • Senator 28 Sept 2022

Hume supports the bill and says she will vote for it because her experience with her father's voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. showed her that the safeguards were strong and the choice should be available to people in the territories.

Read in Hansard ↗
Lead non-major voice Supports

David Pocock

Independent • Senator 05 Sept 2022

Pocock supports the bill and wants it passed, arguing that people in the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. should have the same democratic right as the states to debate voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. for themselves.

Read in Hansard ↗

All speeches by bloc

Labor

15 speakers · 12 support · 2 oppose · 1 unclear

  1. Catryna Bilyk Bilyk supports the bill and says the territories should have the same right as the states to make their own laws on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “I do not believe it's for me as a senator elected to this place to determine whether the Northern Territory or the ACT should legislate for voluntary assisted dying, just as it's not for me to determine whether Victoria, Tasmania, South Australia, Western Australia, New South Wales or Queensland should. It's not for me to decide whether the safeguards of the Northern Territory's or the ACT's assisted dying legislation are sufficient. I support this bill because I do not see it as fair to treat territorians as second-class citizens and to say to them: 'The states are mature enough to govern themselves, but you need federal oversight.' That is essentially what this parliament did when it passed the Euthanasia Laws Act in 1997.”

    Australian Labor Party • Senator • 08 Sept 2022

    Read the full speech in Hansard ↗
  2. Deborah O'Neill O'Neill opposes the bill, arguing it is really about legalising euthanasia and assisted suicide in the territories rather than just restoring territory rights.
    “This bill is about euthanasia; let's make no mistake about it. The only amendment that this bill will make is to remove the prohibition that the federal parliament made under its constitutional powers to prohibit euthanasia in the territories. I know that there have been many earnest contributions to this debate that, no doubt with good intent, call us to avert our eyes from the substantive issue at the heart of the bill.”

    Australian Labor Party • Senator • 05 Sept 2022

    Read the full speech in Hansard ↗
  3. David Smith Smith supports the bill and says the territories should have the same democratic power as states to make their own laws.
    “The bill before us supports restoring the constitutional position that existed from the time self-government was introduced into each of the territories until the passage of the Euthanasia Laws Act. It will be a matter for each of the territories to decide whether and in what form any laws should be passed in this area, just as it is and always has been for each of the states.”

    Australian Labor Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  4. Andrew Leigh Leigh supports the bill and urges the House to restore the territories' right to legislate on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards., arguing that the CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. should no longer block ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. parliaments from debating an issue every state already has decided.
    “I say to any members of the House who are currently unsure of their position on a conscience vote: we don't have conscience votes in this place very often and my door is open if you want to speak about these issues. I would love the opportunity to engage you in that conversation. I would love the opportunity to make the case that so many of my constituents in the electorate of Fenner have made to me—that they should not be second-class democratic citizens; that they should have the very same rights over this issue that people in states currently enjoy. So come and knock on my door. Come and knock on the door of the members for Bean, Lingiari, Solomon or Canberra. We'd be pleased to speak to you about this issue. We respect the diversity of views on the question of voluntary assisted dying, but we call for your support for the fundamental democratic principle of territory rights. I commend the bill to the House.”

    Australian Labor Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  5. Katy Gallagher Gallagher supports the bill and urges the Senate to pass it because it would restore the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act.'s right to make their own laws on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “As a territorian I support this bill—and I want to be clear about what this debate is about. Right now, hundreds of thousands of Australians have fewer democratic rights because of their postcode. Because they live, work and raise their families in a territory, they have fewer rights.”

    Australian Labor Party • Senator • 05 Sept 2022

    Read the full speech in Hansard ↗
  6. Shayne Neumann Neumann supports the bill and says the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. should have the same self-governmentThis means the ACT and NT can make laws through their own elected parliaments instead of having Canberra control the issue. rights as the states to decide whether to legislate on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “In summary, I'm voting for this bill. It's a tough decision for people of faith, I know. It's a conscience vote. I'm voting for territory rights, so that all Australians, no matter where they live, can decide this issue for themselves. They'll have their debates in their chambers, it will be passionate and well thought through and people will no doubt give good arguments one way or the other. But it will be in their legislative assemblies—where it should be—not in this place. I'm a Queenslander. The Queensland parliament has passed laws on this issue. The people of the ACT and the Northern Territory should do so or not do so. It should be their decision. They should decide this for themselves, and for that reason I'm supporting this bill.”

    Australian Labor Party • MP • 02 Aug 2022

    Read the full speech in Hansard ↗
  7. Malarndirri McCarthy McCarthy supports the bill because she says TerritoriansPeople who live in the ACT or Northern Territory. and ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. residents should have the same democratic right as states to debate and legislate on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “I do call on senators to see the importance of the territories and their respective parliaments, that they be enabled to have the debate that every state parliament has now had. Senators, if you are unsure, I urge those of you who are still wondering what to do to: please support this bill. Please do not make these Australians in the ACT and in the Northern Territory feel any less worthy than the Australians you represent in your respective states.”

    Australian Labor Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗
  8. Carol Brown Brown supports the bill and says it is about restoring equality by giving the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. parliaments the same right as state parliaments to debate and legislate on this issue.
    “I rise to speak in support of the Restoring Territory Rights Bill 2022. The bill that is before us today is fundamentally about equality. It is about restoring the rights of the territory legislators so that they are equal to those of the state parliaments. By doing this, we restore the rights of electors in the ACT and the Northern Territory.”

    Australian Labor Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗
  9. Patrick Dodson Dodson says he has fundamental spiritual opposition to euthanasia and still has serious reservations, especially for First Nations people, but he will abstain rather than vote against the bill because he does not want to be the person whose no vote sinks it.
    “I have pondered deeply how to approach the legislation before us now and, in spite of my fundamental spiritual opposition to euthanasia, I have never held to the slippery slope argument. I accept that adequate safeguards have been written into the laws that now prevail in the six states. They may not be adequate, but they're better than what was proposed. For that reason, and in recognition of the widespread non-Indigenous support for voluntary euthanasia, I intend this time to abstain from voting. I would not want to be the one person whose no vote sank this legislation.”

    Australian Labor Party • Senator • 08 Sept 2022

    Read the full speech in Hansard ↗
  10. Marion Scrymgour Scrymgour supports the bill and says it will restore the Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act.'s power to make its own laws on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “I am absolutely delighted that it restores the power of the territories to make their own laws relating to voluntary assisted dying. I support the passing of this bill.”

    Australian Labor Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  11. Jess Walsh Jess Walsh supports the bill because she says it restores the democratic rights of territory residents to debate and make their own laws, rather than having federal parliamentOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. decide for them.
    “This bill will return those powers to these jurisdictions, giving the territories back their democratic right to debate these laws.”

    Australian Labor Party • Senator • 05 Sept 2022

    Read the full speech in Hansard ↗
  12. Louise Pratt Pratt supports the bill and wants the territories to regain the right to make their own laws on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “In the case of the ACT, you could not have a more pro-euthanasia, pro-voluntary-assisted-dying jurisdiction. It would be the most pro jurisdiction in the country, just as it was the most pro-marriage-equality jurisdiction in the country. I very much hope that this legislation passes and that the ACT government is already thinking about what these laws would look like with the right protections but, I would hope, not-too-onerous protections. There is very much a balance to get right here, as Senator Hume's very moving speech outlined.”

    Australian Labor Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗
  13. Alicia Payne Alicia Payne supports the bill and urges the House to pass it so the ACTThe ACT is the self-governing territory that includes Canberra and whose parliament regains power to make its own assisted dying laws under this Act. and Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. can debate voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. like the states.
    “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.”

    Australian Labor Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  14. Matt Keogh Keogh says he supports territory self-governmentThis means the ACT and NT can make laws through their own elected parliaments instead of having Canberra control the issue. in principle, but he cannot support the bill because he thinks it asks the CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. to lift euthanasia restrictions in a way he sees as too risky and insufficiently safeguarded.
    “So, while I support the concept of self-government and actual self-government for our territories, right here today, in respect of this bill, we are being asked, and I am being asked, to exercise a Commonwealth legislative power. That is a responsibility that we all hold as members of parliament and as senators. It's for the reasons that I've mentioned that I, in exercising that power, cannot in good conscience support this bill, so I don't. But I do want to commend the members and senators from the Northern Territory and the Australian Capital Territory, for bringing forward this legislation, and the government, for allowing this debate to occur.”

    Australian Labor Party • MP • 02 Aug 2022

    Read the full speech in Hansard ↗

Coalition

23 speakers · 7 support · 16 oppose

  1. Paul Scarr Paul Scarr opposes the Restoring Territory Rights bill because he says the safeguards are too weak and he fears voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. would endanger vulnerable people, especially in the Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act. and among First Nations communities.
    “This is a very, very difficult issue, an extraordinarily difficult issue, but having read extensively into the most recent experiences of what is occurring in first world jurisdictions, countries like our own—in Canada—and seeing how those experiences could translate into an Australian context, I simply cannot support legislation where the only safeguards we're given are no safeguards. There's just a page of legislation. In good conscience I simply cannot support this legislation.”

    Liberal Party • Senator • 08 Sept 2022

    Read the full speech in Hansard ↗
  2. Jonathon Duniam Duniam opposes the bill because he says it would enable assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. in the territories and he is not convinced it can be made safe.
    “At the outset, I want to indicate that I won't be supporting the bill. There are a range of reasons for that, that I've given great thought to over a long period of time. This is not the first time I've thought about this issue. This parliament debated this issue in 2018. With my involvement in politics over many years, I've observed this debate occur in different parliaments, including this one, and have considered the views that have been put forward.”

    Liberal Party • Senator • 27 Oct 2022

    Read the full speech in Hansard ↗
  3. Matthew Canavan Canavan opposes the bill because he says legalising assisted suicide would weaken the principle that human life is sacred and could open the door to dangerous expansion.
    “I oppose the Restoring Territory Rights Bill 2022, because I believe there's nothing more important than protecting the sanctity and sacredness of life. I am concerned that going down a path to legalise or sanction the removal of one's life elevates, above life, issues that are not to do with the sacredness of life. Once we get onto that path we move down into a utilitarian world, which can be very dangerous.”

    Liberal National Party • Senator • 27 Oct 2022

    Read the full speech in Hansard ↗
  4. Barnaby Joyce Barnaby Joyce opposes the bill and says he will fight euthanasia-related laws because he believes they will lead to people being killed against their wishes and drift into abuse.
    “In closing, I do not support this, because ultimately it's convenient for more palliative care, which has the capacity to go into a very evil corner. It will inevitably drift from the certain to the grey, because that always happens. Its clear path, as clearly prescribed in other countries, is that where this starts is not where it finishes. I've identified clear cases of where this has gone into a very sullied and evil place where people are being killed against their wishes. It's not something made up. It's there. One of the main reasons I'm in this parliament is to do my very best to preserve life and to make people's lives better, not to be a party to anything that kills people.”

    National Party • MP • 02 Aug 2022

    Read the full speech in Hansard ↗
  5. Susan McDonald Susan McDonald says she cannot support the bill because it would reopen the way for euthanasia in the Northern TerritoryThe NT is the self-governing territory whose parliament also regains power to make its own assisted dying laws under this Act., which she believes is too risky without much stronger palliative careCare that focuses on easing pain and suffering for people with serious illness, raised by some MPs as an alternative focus to assisted dying laws. and safeguards.
    “I have reservations about assenting to this bill in its entirety until there is a much more serious discussion about the options to improve the range and availability of palliative care in the Northern Territory.”

    National Party • Senator • 08 Sept 2022

    Read the full speech in Hansard ↗
  6. Bridget Archer Archer supports the bill and says the territories should have the same power as the states to decide whether to legislate on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “So the time is now. With this legislation we have a chance to deliver to the territories what is rightly theirs. The Commonwealth must ensure those in the territories are not treated as second-class citizens, and must step out of the way by handing these legislative powers back. Territorians deserve the right to the same self-determination as all other individuals across the country, and I wholeheartedly support this bill.”

    Liberal Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  7. Andrew Wallace Andrew Wallace opposes the bill because he says it would let the territories move toward legalising euthanasia or voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards., which he believes would breach the sanctity of life.
    “My conscience does not permit me to vote for this bill. Some members will say that this bill doesn't legalise euthanasia. I accept that axiomatically this bill does not automatically mean that euthanasia in the territories will be legal. There would be a process that would have to be gone through in the territories' legislatures. I accept that. But I don't want to be one of those people that effectively authorise that to happen. On that basis, I oppose the passing of this bill.”

    Liberal National Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  8. Matt O'Sullivan Matt O'Sullivan opposes the bill and urges senators to vote against it because he says it would open the door to assisted suicide in the territories without adequate safeguards.
    “So I urge senators, when you consider where you're going on the conscience vote that's appropriately before us here, to consider all of these matters, and I urge you to vote against this bill.”

    Liberal Party • Senator • 08 Sept 2022

    Read the full speech in Hansard ↗
  9. Jacinta Nampijinpa Price Price opposes the bill as drafted, saying she has grave concerns and wants any move to restore territory rights to be backed by thorough consultation with TerritoriansPeople who live in the ACT or Northern Territory. and a public vote.
    “Therefore, the Constitution demands that every one of us, the elected members of federal parliament, take greater responsibility for the territories within our nation than for our states—whether we like it or not. But if this bill is to pass, because of my very grave concerns I would urge any Northern Territory government that wishes to debate legislation for voluntary assisted dying to undergo thorough consultation with Territorians of all backgrounds—especially our most vulnerable constituents. I would also especially urge those who argue this bill is about supporting only the rights of Territorians that once you've determined the legislation you put it to the vote of the people of the Northern Territory so that it may truly reflect their wishes and rights.”

    Country Liberal Party • Senator • 08 Sept 2022

    Read the full speech in Hansard ↗
  10. Luke Howarth Howarth opposes the bill and says he will vote no because he believes it is really a back-door move to let the territories legalise euthanasia, not a genuine territory-rights measure.
    “I believe that this bill is not about the Territory wanting more territory rights, so to speak, but is purely about enacting euthanasia through the territories, which is not their responsibility. It rests with the Commonwealth parliament, as we have the opportunity to pass laws in relation to territories. So I will be voting no.”

    Liberal Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  11. Perin Davey Davey supports the bill because she says the territories should be allowed to govern themselves and let their elected assemblies debate laws without interference from Canberra.
    “I think that the people of the Northern Territory and the ACT should absolutely have the right to debate the merits or otherwise of any proposed legislation brought forward. We have certainly learnt a lot from the different models that are out there, and I am sure that the people of the Northern Territory and the ACT and their leaders, their elected representatives, will take all due consideration. But they should have the right to have the debate for themselves and to then vote on the merits or otherwise of any legislation that is brought before them. I do not think it is the responsibility of us in this place. Most of us don't live in either of the territories. In fact in the Senate there are only four territory senators out of 76 of us, so I don't think the rest, 72 of us, should be telling them what they can and can't do. The territories have their legislative assemblies now. We passed that in 1978 for the Northern Territory and 1988 for the ACT, and we should let them govern. So I will be voting in support of this bill.”

    National Party • Senator • 05 Sept 2022

    Read the full speech in Hansard ↗
  12. Alex Antic Antic opposes the bill because he says it is really a euthanasia bill that would reopen the territories to voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “I rise this morning to voice my opposition to the Restoring Territory Rights Bill. While this bill is couched in terms of the restoration of rights to the territories, what it really is, in truth, is a new voluntary assisted dying bill.”

    Liberal Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗
  13. Rowan Ramsey Ramsey says he will not support the bill because he thinks it is really a vote on voluntary euthanasia, not territory rights, and he is not prepared to take responsibility for the risks of coercion or abuse.
    “I will not be supporting the bill. I suspect it will pass—I think it will probably pass quite well—but I'll be able to sleep with my conscience intact.”

    Liberal Party • MP • 02 Aug 2022

    Read the full speech in Hansard ↗
  14. Simon Birmingham Birmingham supports the bill and urges colleagues to back it because it would restore the territories' right to make their own laws on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “I urge all colleagues in this place to back choice and equality of opportunity for those across the territories, for those who reside in the territories, and I urge them to support this bill.”

    Liberal Party • Senator • 05 Sept 2022

    Read the full speech in Hansard ↗
  15. Andrew Bragg Andrew Bragg supports the bill and says the territories should be allowed to make their own laws on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards., because the current federal restriction is unfair and denies equal rights.
    “In relation to the issue of self-government, I think that we are clearly half-pregnant on this issue here in this federal parliament. Either we have decided to grant self-government to the territories—the Australian Capital Territory and the Northern Territory—or we have not. The last time I looked, we had decided to do that, and therefore, if we have decided to grant self-government, then we ought to allow those assemblies to get on with the job of making the laws for their citizens. We have this dreadful situation where my constituents, who live in southern New South Wales, can access voluntary assisted dying, but of course the people of the Capital Territory cannot access the same services should they wish. And there's no way they can get those services, because the jurisdiction in which they live has been granted self-government but the federal parliament has taken away that assembly's right to make laws in some areas, which makes it patently unfair. It's very unfair. So I think it is an issue of democratic civil rights being at stake here, and I am hopeful that this parliament will now overturn what has been a very unjust law which has denied basic access to civil rights in relation to voluntary assisted dying.”

    Liberal Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗
  16. Sarah Henderson Henderson opposes the bill because she says it would let the territories pass euthanasia laws, which she regards as wrong and unsafe for vulnerable people.
    “I'm only going to make a few brief remarks on this bill. Again, I reiterate my deep understanding of the complexity of this bill. I respect the fact that there are many who believe that the Northern Territory and the ACT should have complete autonomy when it comes to passing their own laws. But, at the end of the day, the Commonwealth, by reason of our constitutional arrangements, bears a great deal of responsibility. For that reason, knowing that one of the principle objectives of this bill is to facilitate laws which would lead to voluntary assisted dying or euthanasia being permitted in both the ACT and the Northern Territory, I cannot in all good conscience, from the bottom of my heart, support this bill.”

    Liberal Party • Senator • 24 Nov 2022

    Read the full speech in Hansard ↗
  17. Jenny Ware Ware supports the bill and says it should let territory parliamentarians discuss and, if they choose, enact voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws.
    “I have been inundated over the past week or so by people within my electorate of Hughes asking that I endorse this bill. In those circumstances, I commend this bill to the House.”

    Liberal Party • MP • 02 Aug 2022

    Read the full speech in Hansard ↗
  18. Andrew Gee Andrew Gee supports the bill because he says people in the territories should have the same right as people in the states to have their elected representatives legislate on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “I support this bill and, in so doing, the rights of our fellow Australians in the ACT and the Northern Territory to have the same freedom to legislate on this issue that other Australians possess. I commend this bill to the House.”

    National Party • MP • 02 Aug 2022

    Read the full speech in Hansard ↗
  19. Terry Young Terry Young opposes the bill, arguing that territory powers should not be expanded and that the federal parliamentOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. should deal with matters like euthanasia itself.
    “We need to have a good conversation about the Constitution in this country, and we need to change a few things so that the federal government can take its rightful place and lead when it comes to matters of national crisis and matters of conscience such as euthanasia and other matters, and not hand it to the states. We are supposed to be the highest level of government in this country, and the Constitution prevents us from fulfilling that obligation to the people of this country. So I say: don't support giving the rights back to the territories. Deal with it here federally. Let's ante up. Let's behave like we are supposed to and deal with the big issues and not pass it off to the smaller and lower forms of government.”

    Liberal National Party • MP • 01 Aug 2022

    Read the full speech in Hansard ↗
  20. Slade Brockman Brockman opposes the bill because he says the CommonwealthOn this page, the Commonwealth means the federal Parliament and government of Australia, which had imposed the territory ban in 1997. should keep the current constitutional arrangement for the territories, especially on life-and-death laws, and argues mistakes could be made if those powers are restored.
    “This is not to take anything away from the self-governing rights of the Northern Territory or the ACT. However, what we have here is a piece of legislation already on the books at Commonwealth level. The history of the bill has been addressed a number of times, and I'm not going to traverse that area again, but we now, in all good conscience, have to make a decision on whether we will change those current arrangements that are in place. In all conscience, and looking at the situation around the world and in Australia where these laws—whether you want to call them euthanasia laws or voluntary assisted dying laws—have been put in place, we cannot guarantee that mistakes are not made. As a parliament and as a chamber, we have to consider that fact in moving to change the current arrangements. That is why I will not be supporting this bill.”

    Liberal Party • Senator • 24 Nov 2022

    Read the full speech in Hansard ↗
  21. Claire Chandler Chandler says she understands the argument for restoring territory rights, but she will vote against the bill because it would let another parliament legalise euthanasia without the Senate being able to oversee safeguards.
    “We would be, in effect, making a decision that will result in the ending of human lives but washing our hands of any responsibility for the consequences, and I do not find myself able to support any such action in good conscience.”

    Liberal Party • Senator • 24 Nov 2022

    Read the full speech in Hansard ↗

Greens

2 speakers · 2 support

  1. David Shoebridge Shoebridge says the Greens support the bill and want it passed because territory residents should have the same right as state residents to have their elected governments legislate on voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards..
    “I rise on behalf of the Greens to indicate our party's support for the Restoring Territory Rights Bill 2022. The coalition's decision to prevent territory governments passing assisted dying laws was always deeply cynical, inappropriate and undemocratic. The Greens opposed that measure the time, we have been consistent in supporting efforts to overturn it ever since and as a party we support this bill to overturn that move.”

    Australian Greens • Senator • 05 Sept 2022

    Read the full speech in Hansard ↗
  2. Elizabeth Watson-Brown Watson-Brown says the Greens support the bill because it restores territory self-governmentThis means the ACT and NT can make laws through their own elected parliaments instead of having Canberra control the issue. and removes the Howard-era barrier to voluntary assisted dyingA law that lets an eligible person choose medical help to end their life under legal rules and safeguards. laws.
    “So there's no medical, moral or political argument for holding back VAD legislation. It's been introduced in most states across Australia now. It's high time the territories were given back the right to pass this kind of crucial legislation. We're in a situation now where, in the Northern Territory, a person in unbearable suffering must have this suffering prolonged against their express wishes, all because politicians in this place 25 years ago made a cynical political decision, and the Territory government has no recourse to change this situation. This bill finally gives Australia the chance to correct this wrong and give the people of the territories the ability to put and pass new legislation on crucial issues like voluntary assisted dying.”

    Australian Greens • MP • 02 Aug 2022

    Read the full speech in Hansard ↗

One Nation

1 speaker · 1 oppose

  1. Malcolm Roberts Roberts opposes the bill because he says it undermines the Constitution and devalues human life by advancing legalised euthanasia without proper palliative careCare that focuses on easing pain and suffering for people with serious illness, raised by some MPs as an alternative focus to assisted dying laws..
    “I reject this bill before the Senate today because it devalues the lives of those whose needs are not being met, through the failure of government to put in place appropriate palliative care resources. Such resources are conspicuously absent in the Northern Territory now and were absent during the 1995-96 period. That is inhuman. That is the real issue that needs to be addressed. Labor and Liberal-National governments all too often contravene our precious federal Constitution, the governing document of our land, the highest law. I oppose violating the intent of our Constitution yet again. We need to always uphold our Constitution.”

    Pauline Hanson's One Nation Party • Senator • 28 Sept 2022

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 1 support

Unknown

1 speaker · 1 oppose

  1. Andrew McLachlan McLachlan opposes the bill because he says parliament should not legislate for euthanasia and that the territories are not being denied a right by the Senate's refusal.
    “I rise to speak to the Restoring Territory Rights Bill 2022. I have listened carefully to the debate, and I will be opposing the passage of the bill.”

    Senator • 27 Oct 2022

    Read the full speech in Hansard ↗

Full record

Full chat