Rex Patrick (SA, Centre Alliance) Share this | Hansard source

I wish to outline my support for the Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 introduced by Senator Leyonhjelm. I do so for two reasons. The first reason pertains to the basic concepts of democracy. Next month will mark 22 years since the introduction into this parliament of the Euthanasia Laws Bill in 1996. That private member's bill, introduced by the member for Menzies, Kevin Andrews, was drafted to remove the ability of the Northern Territory, the Australian Capital Territory and, at the time, Norfolk Island to pass legislation relating to euthanasia and assisted suicide. The bill effectively overruled the Rights of the Terminally Ill Act 1995, passed by the Northern Territory Legislative Assembly. That Northern Territory legislation operated from 1 July 1996 and allowed four terminally ill people to die with dignity on their own terms before the federal parliament stepped in.

For the avoidance of doubt, the Andrews bill, as it was known, affirmed the power of the territory parliaments to make laws with respect to the withdrawal or withholding of medical treatment for prolonging the life of a patient, the provision of palliative care and the repeal of sanctions against attempting suicide. However, it also unambiguously closed the door on any legislative regime legalising euthanasia or assisted suicide. Parliament passed the Euthanasia Laws Act on 25 March 1997, rendering the Northern Territory euthanasia legislation void.

More than two decades later, I commend Senator Leyonhjelm for bringing this bill before the Senate. Its passage in the parliament will enable the territories to revisit the issue now that the Victorian parliament has passed the Voluntary Assisted Dying Act 2017. Its passage will effectively put the territories back on an equal footing with the states. I accept that there are differences between states and territories; I don't accept that there should be differences in relation to the rights of the citizens of the territories. If this bill is not passed, it would send a clear message to the territories that they have a less democratic form of government than the states. It would be telling the territories again that their citizens are effectively second-class citizens whose lives are ruled by the federal parliament. It would further erode confidence in one or both of the two major parties by refusing to follow the will of the people and by abandoning the principles of democracy. In that respect, I commend the leaders for ensuring that this will be a conscience vote. It happened in 2013, when the ACT's Marriage Equality (Same Sex) Act was ruled invalid by the High Court after being challenged by the Abbott government. History has shown that the federal government's challenge was out of step with the will of the people.

This brings me to my second reason as to why I will support the bill. It is again time for this parliament to respect the will of the people when it comes to perceived issues of morality. This is the latest in a series of issues that Australian parliaments have had to confront in recent decades, such as laws relating to capital punishment, divorce, women's rights and LGBTIQ rights. I think it's fair to say that much of the opposition to this bill, both in this parliament and in the community, comes from people with views based on religious doctrines about the sanctity of life. I wholeheartedly respect everyone's right to hold those views; however, we do not live in a theocracy, and close to one-third of Australians declared themselves to have no religion in the 2016 census. In a multicultural democracy, in matters of conscience such as this, I am compelled to be guided by the will of the people.

The fact is that the parliaments of the Northern Territory and now Victoria have already supported the tenor of this bill. The facts are that euthanasia is legal in the Netherlands, Belgium, Colombia, Luxembourg, Canada and India, and assisted suicide is legal in Switzerland, Germany, South Korea, Japan and the US states of Washington, Oregon, Colorado, Hawaii, Vermont, Montana, Washington DC and California. And the fact is that Australians wishing to end their lives because of a painful terminal illness must travel to one of those places to have their wishes respected. For these people, their loved ones and all Australians who will one day tread the same path, my conscience is unequivocally clear in supporting this bill. Of course, the federal parliament has a conditional responsibility to ensure that legislation in the territories comes with the right checks and balances. Any ensuing legislation relating to this issue that does not satisfy those conditions is something that this parliament could assess at a later date. However, on the basis of surveys in my home state of South Australia indicating that three in four voters support euthanasia, I must support this bill.

This bill confronts end-of-life issues—how we deal with incurable illness and its intolerable pain and suffering and what choices should be available to people in these circumstances. It will allow terminally ill people to dramatically reduce the amount of time spent in pain and suffering before the inevitable occurs, and that is the most humane thing that we can do for humanity. Thank you.