Anne Urquhart (Tasmania, Australian Labor Party) Share this | Hansard source

Australians who are terminally and incurably ill should have the right to choose a humane and dignified end to their life. They should be able to choose to end their pain and suffering, and their families should be afforded compassionate support in this decision. I rise to speak in support of the territories to legislate for assisted suicide in their respective jurisdictions. It is no longer appropriate, nor has it been, for the Commonwealth to interfere with the ability of the territories to determine their own legislative futures on this incredibly important matter. While the passing of the Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 will not automatically legalise assisted suicide in the territories, it will significantly improve the ability of those governments to demonstrate empathy and leadership to those who are suffering in their communities.

Australia is rapidly falling well behind the rest of the world on this issue. Switzerland has the world's oldest act, in effect since 1942, and, some 20 years ago, the state of Oregon in the USA enacted the Death with Dignity Act. There are increasing numbers of jurisdictions providing their citizens with the dignity of choosing when to end their suffering. There are now eight countries and six states in the United States where you can choose to die with assistance. In these jurisdictions, there are a range of safeguards and checks and balances to ensure that society's most vulnerable are cared for and protected. There are an extensive range of measures to avoid elder abuse, a commonly forwarded argument used by those against voluntary assisted suicide. To do nothing, however, is also, in my eyes, abuse. Poll after poll continues to show that a majority of Australians—indeed, up to 80 per cent of them—support voluntary assisted dying laws. It is abundantly clear that people want a choice in when and the way in which they choose to die.

The Northern Territory has shown leadership in this area before, as has the ACT. We would all be aware that the Victorian government has just become the first to pass its Voluntary Assisted Dying Act late last year. Tasmanian Labor continues to work tirelessly to demonstrate compassion, courage and leadership on this issue, fighting to win the right for those in our state to be afforded the dignity of dying when they see fit. My state colleagues have campaigned vigorously to end this example of government overreach. Government should not take on the role or the authority of telling people in excruciating pain when they can die; it is inhumane. The Tasmanian state Labor caucus believes people should have the right to end their life when they have a serious and incurable medical condition that is causing them to suffer in a way that is intolerable to them. I support them in those beliefs.

As incredible as palliative care and those providing the care can be, we must recognise that it does not alleviate all suffering for all people. No person should have to suffer intolerable pain but, rather, should be able to choose to die with assistance with appropriate supports and safeguards in place. During the numerous times that this topic has been debated, we have all heard harrowing stories of those forced to endure intolerable pain and suffering, sometimes for months and years on end. I have no doubt that all of us in this chamber have at some point been moved by a story or an experience of a family member or friend who wished only for their pain to end.

I've been touched by the story of Andrew Denman and his family. Andrew is a very well-known Tasmanian. Some of my colleagues here today would know him for his passion for our specialist timber industry. He shared his story with us after he watched his mother, Carol, die a long, protracted, terrifying and painful death. An advanced directive to cease food and water was enforced and she starved to death. I will paraphrase what he wrote when sharing his story with my Tasmanian colleague. Andrew wrote, 'Another injection, more pain, more suppositories, more indignity. It is excruciating to watch knowing that I made a promise to her not to ever let things get to this stage. I will be forever haunted by mum's pleading looks every time her eyes partially open, asking me to end it all.' At her passing, he shared, 'Mum died this morning at 11:00 am. She died a so-called good death imposed upon her by the laws of Australia. Thirteen days she lasted with no food or water—death by dehydration until her internal organs failed one by one.'

In May 2011, I lost my own father to cancer. Our family watched as he fought this disease until it took his life. He used to talk to us for a very long number of years about wanting to be able to choose when his life ended, when his suffering would be ended. It was his wish always to have control over the end of his life and, in the end, he had no control. Earlier this year, again we felt the sting of what's happened with overreach when we lost our mum. The night before she passed, sitting with her, she asked if I could make it end, make the pain go away with an injection. And, just like dad, in the end, she had no control.

People are suffering and they feel trapped within that suffering, with many looking for a way to peacefully make it end. They are not provided with that and, as leaders, we continue to actively deny them that. This denial must stop. In an attempt to gain back control, people are taking their own lives in the most horrific and tragic methods. Those who are suffering are sometimes making the decision to end their lives with often catastrophic consequences for their loved ones who find them.

The time to provide a legal framework for these decisions to be made is well overdue. It's time to eliminate this end-of-life trauma that many Australian families are having to experience. I support the bill before the Senate.