House debates

Tuesday, 2 August 2022

Bills

Restoring Territory Rights Bill 2022; Second Reading

4:49 pm

Photo of Matt KeoghMatt Keogh (Burt, Australian Labor Party, Minister for Veterans’ Affairs) Share this | Hansard source

KEOGH (—) (): I rise to make a brief contribution in relation to this important piece of proposed legislation before us, the Restoring Territory Rights Bill 2022. I speak so that people can understand the position that I bring to this bill, a bill on which all members of this House and the Senate will have a free vote of conscience. I do support the principle of self-determination for a body politic such as our states and our territories. I also support the principle of subsidiarity, something that we see vested in our constitutional arrangements, meaning that decisions should be taken as close to the people who will be affected by them as possible. Certainly, as a Western Australian, I know that is something that we hold close in our conception of a federation here in Australia. But along with that, and in that constitutional arrangement we see, the Commonwealth Constitution does vest certain powers in the Commonwealth, and it does that in such a way that certain powers are exclusive to the Commonwealth and the Commonwealth has power to constrain the exercise of power by the states in certain circumstances. Of course, that is even more so when it comes to our Australian territories, over which this Commonwealth parliament has particular legislative responsibility.

When it comes to this particular bill, in the way that I see this legislation, I very much understand the purpose for which it has been brought forward by the members who have brought it forward and why they see this issue as important for their body politic and the people that they represent in their territories. For me, all lives are sacred and, as I have watched and observed the debate on legislation that would bring into effect the ability for people to seek euthanasia, I have not been impressed by the legislation brought forward, both as a matter of principle and also because in my view, from looking at the pieces of legislation in each of the different jurisdictions, they are too risky. The safeguards are insufficient, sometimes in general and sometimes for people at specific risk. I also believe that advancing down this pathway has the potential to put at risk the proper funding and support for palliative care across our various jurisdictions, and I believe that should really be the focus.

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.

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