Carol Brown (Tasmania, Australian Labor Party, Shadow Minister for Disability and Carers) Share this | Hansard source

I also rise to speak on the Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015. I would like to place on the record my appreciation of the contributions that have been made, regardless of the positions that senators have taken on this bill. The intention of the bill before us is to undo the restrictions brought into effect by Mr Kevin Andrews's private member's bill in 1997. These restrictions limited the ability of the territories to decide for themselves how and when terminally ill people should be allowed to die. Such restrictions removed the democratic rights of territorians. I listened carefully to Senator Colbeck's contribution, and I can understand where he's coming from. But I do disagree that we should use the powers that we have as a federal parliament to take away the right of territorians to decide matters that they would normally be able to decide for themselves. The territories should have the same opportunities that the states have in Australia.

For those who don't support assisted dying, I understand that position. It is a difficult issue for many, and unfortunately there are many in this parliament who have had loved ones who have gone through agonisingly painful deaths. I have myself, and there are many others in this parliament who have witnessed their loved ones passing away in those conditions. It's not easy to see your loved ones passing away, especially when they do so in such pain and with a wish to die with dignity and in the manner they wish to. This is denied of many Australians. It is very hard to then come in here and have a position where we will not allow territorians the same right to debate the issue within their communities and in their parliament and to decide to legislate for it or not. But for a federal parliament to come over the top of the rights of that community, to even have that debate—I don't think we should be supporting that.

I had the opportunity to listen to a couple of contributions made last night on this bill. Both Senator Catryna Bilyk and Senator Claire Moore talked about good palliative care, and I absolutely agree with the content of their statements. Senator Bilyk said:

Having good palliative care available is not a reason to deny the option of assisted dying. Similarly, providing patients with the option of assisted dying is not a reason to ignore the need to invest in quality palliative care.

Senator Moore's contribution went to the very heart of investment in palliative care. I think we do have across-the-board support from senators and members in this place for investing in palliative care, but the action isn't there. There is not enough investment in palliative care, and both those contributions articulated the need for this investment.

But, as I was saying, restrictions that were placed on the territorians not only removed the democratic rights of territorians to create their laws for themselves but overturned properly constituted legislation. They also prevent legislators from having that debate, despite such laws—in the case of the Northern Territory—having already been passed.

The people of Australia overwhelmingly support the freedom of terminally ill Australians to decide on this matter. Approximately 75 per cent of Australians polled answered that the terminally ill should be able to legally end their lives with medical assistance. This is a very sensitive subject, and opinions are sincerely and strongly held on this matter. Many feel that Australians deserve the right to choose to die with dignity and that euthanasia is the most effective way of safeguarding this. Others, however, have closely held religious or personal beliefs which mean that they oppose euthanasia. I personally believe that there are, unfortunately, some people living with terminal illness for whom there is no other way to avoid suffering than dying with dignity. That is why voluntary euthanasia laws have been adopted in parts of Europe and the USA and, of course, in the state of Victoria.

Regardless of your position on euthanasia, it is clear that a single private member's bill removed the right for territorians to do so. The legislation was passed over two decades ago. To me, this is a matter of local representation and the right of citizens to elect, at a local level, people who can legislate on territory matters that they are legally able to. As many senators have said in their contributions, just because the federal parliament doesn't like what a state or territory does, that isn't sufficient justification to trample over its right to do it.

Critically, this bill reinstates the rights of territorians. It allows local representatives in the ACT and the NT to legislate for themselves. It goes to the very heart of our federal system. We live under the federal system of government, where state and territory parliaments are ordinarily allowed to debate and legislate these matters for themselves, and this is the system that we seek to uphold in this legislation that we are debating here today.

Recently, the Victorian parliament passed legislation to see voluntary euthanasia legalised. This is a path that the Northern Territory had followed as well, over 20 years ago. But, regardless of their legislative ends, what both the ACT and the NT governments want is the right to decide for themselves. This is something that they have called for—they put a full-page ad in The Australianand it is something that other states are afforded. The right to decide for themselves, through their elected representatives, in these jurisdictions is something that I believe all territorians deserve.

As the architect of Victoria's assisted dying bill, Professor Brian Owler, suggested, discussions should be had at a national, state and territory level in order to ensure that the needs of Australians at all levels are met. As a medical doctor and former head of the Australian Medical Association, Professor Owler is well placed to comment on the needs of the terminally ill. He chaired an independent panel on the matter that provided 66 recommendations to the government on assisted dying.

I believe it is our duty as elected officials to consider the advice of experts on such matters and to respond to the needs of the terminally ill in the light of the recommendations of an expert such as Professor Owler. Now is the time to listen. It is the time to signal a willingness to participate in local grassroots democracy and to allow territorians to decide for themselves whether euthanasia most appropriately meets their needs.

This bill brings together a coalition of parties; it brings together a coalition of viewpoints. The Labor Party is holding a conscience vote on the matter, as indeed is the Liberal Party. I and some of my Labor colleagues would have differing views and opinions as to whether or not voluntary euthanasia should be legislated. But I sincerely believe that, fundamentally, that is not what is being considered here. What is up for consideration is whether or not people living in the ACT and the NT should be allowed to vote for themselves on voluntary euthanasia. This is a question of democratic enfranchisement and it is a matter that has been removed from Territorians for far too long. I am proud to support this bill and to recommend to all senators to vote for this bill, so that we can allow states and territories to have an equal say through their parliaments on whether the terminally ill should have the right to die with dignity.