Jenny Ware (Hughes, Liberal Party) Share this | Hansard source

I rise to give support to the Restoring Territory Rights Bill 2022. Having recently observed the passing of the Voluntary Assisted Dying Act in my home state of New South Wales, I was relieved to note that all states in our country, Australia, have now embraced some form of voluntary assisted dying legislation for people dealing with the most painful of illnesses and the resulting undignified final moments of their lives. However, as amendments to the Australian Capital Territory (Self-Government) Act 1988 and the Northern Territory (Self-Government) Act 1978 established, the autonomous governing of our territories was restricted to prevent any potential for either the ACT or the Northern Territory to ever enact similar voluntary assisted dying legislation without a resolution of this parliament.

In my first speech—delivered in the House last Thursday, 28 July—I spoke of the liberal philosophies of John Stuart Mill and the harm principle. I realise that I will not be the only member of this place making reference to Mr Mill, but I believe his principles warrant mention nonetheless. It is the job of government to clear the way for its citizens to act in whatever way they may choose, so long as those actions do not negatively affect the lives of others.

We all have stories of friends, family members and other loved ones whom we have seen live through a terminal illness—one whose suffering creates such a painful condition that it cannot be tolerably relieved. We witness our parents and grandparents spending the last months of their lives in dreadful pain with no prospects of recovery. The memories of the suffering of these people will be forever etched in the minds of their families as the last ounce of their dignity drifts away.

I make note that this bill does not require any new legislation to be enacted by either of the territories. Accordingly, I believe in self-determination. Constituents of the ACT and the Northern Territory are responsible enough to elect their own territory parliamentary representatives. They presumably should be deemed responsible enough to enact legislation relevant to the needs and desires of their people. All states throughout this country have set a safe, rational and controlled example of voluntary assisted dying provisions, which would undoubtedly be deemed persuasive by territory legislatures in crafting their own reforms.

This bill is not, and never will be, in support of state sanctioned murder. As displayed by the legislation passed by every state in this country, individual decision-making by the patient is paramount. The patient must have capacity. They must be free from external coercion. All of the safeguards, which include appropriate assistance and consultation with medical practitioners, must be in place.

Voluntary assisted dying legislation enshrines freedom. It is the freedom of a person facing imminent death to seek support in their decision. It is also the freedom of a medical practitioner to refrain from offering that support, and the freedom of institutions, now and into the future, to refuse to provide assistance to assisted dying. Indeed, passing legislation related to voluntary assisted dying will not impinge on the rights of those that don't want to choose this pathway. However, not supporting such legislation will deny that option to those that do.

Vigorous yet respectful debates have been held in the various states of our country around voluntary assisted dying. It is now appropriate that our territory parliamentarians be similarly able to avail themselves of the opportunity to discuss, debate and, if appropriate, enact legislation regarding voluntary assisted dying. 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.

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