Senate debates

Monday, 29 November 2021

Bills

Ensuring Northern Territory Rights Bill 2021; Second Reading

10:39 am

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | Hansard source

I rise to speak on the Ensuring Northern Territory Rights Bill 2021. I'll flag that it's very interesting that we are debating this bill this morning. This is private members' time, and normally we'd be debating a Labor bill. There was a big stoush over the weekend when this bill was sought to be listed, and the government have now caved because they'd rather avoid losing another vote on the floor of the parliament. I just want to flag that this government has now lost control of both chambers, and it's caved in and listed this bill because it was going to lose the vote and this bill was going to come on anyway. That's my first point, an observation for those watching this debate.

The other observation I have before I talk to the substance of this bill is the hypocrisy of this government. They are desperate to shed powers to the states when it comes to environmental protection. They've been trying to give away their powers to approve developments that would have a significant impact on matters of national environmental significance since Mr Tony Abbott was Prime Minister. They've been desperate to get rid of those powers and, of course, they've taken a hands-off approach to building quarantine facilities in a global pandemic. They tried to say that that wasn't their responsibility and that was up to the states. Yet, on matters of ideology, they want to tell the states and territories what they can and can't do. Take the religious discrimination bill, for example. It would seek to override states' protections in certain antidiscrimination laws. What an absolute farce. The other thing, which happened overnight, is the federal government has told Queensland and Victoria that it can't sign on to an international pledge to try to limit global warming to less than two degrees. This government is being highly selective on when it wants to flex its powers. When it suits them and when it suits their ideologies they want to tell the states what to do, but when it doesn't suit their ideology then they're happy for the states to do the heavy lifting.

Today, we have this bill to give rights to the Territory. As the bill is currently drafted it's just to give rights to the Northern Territory, and I understand there's an amendment to include the Australian Capital Territory within the bill, which the Greens would support. We now have this bill for territories' rights. We strongly support the territories having these rights; in fact, the Australian Greens passed a bill in 2011 in this very chamber to ensure that territories had those rights. Naturally, the bill unfortunately did not pass the House, but we passed the Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011, which would have removed federal powers to overturn the laws passed by the legislative assemblies of the territories. We have always been strong supporters of territories' rights and we support this bill with the amendments, both those flagged by Senator McMahon and those just circulated by the Labor Party, I understand.

Why should people in the territories have fewer rights than the rest of Australia? Why should those legislative assemblies be restricted in what they can even discuss? I'll be very interested to hear what Senator Seselja has to say. I understand he's next on the speakers list. I'll keep my comments short because another senator from the Territory, Senator McCarthy, is also listed to make a contribution and I want to make sure that those folk have the chance to make a contribution. My understanding is that Senator Seselja is the lone person in his party in the ACT that doesn't want this bill to pass. I understand that Canberra Liberals have been begging him to support this bill, so I can't wait to hear what he's got to say about why he wants his very voters to have fewer rights. I would suggest that, in fact, the ACT in this coming election has the chance to elect a Green in place of Senator Seselja, fabulous First Nations woman Dr Tjanara Goreng Goreng, who would back territories' rights and back climate action and action on wealth inequality, for that matter.

I'll return to the substance of this bill. We have always advocated for the rights of elected assemblies in the Territory, in Norfolk Island and in the ACT to legislate in the interests of their citizens, including on the crucial issue of dying with dignity. We have long advocated for the repeal of the Euthanasia Laws Act 1997, as voluntary assisted dying is an issue that affects countless families, medical professionals and healthcare and aged-care workers across Australia. I want to flag that recent polling found that 76 per cent of Australians support voluntary assisted dying and they support the Commonwealth removing restrictions on the territory governments to enact voluntary assisted dying laws. In fact, essentially every credible opinion poll over the last two decades has shown that similar level of support for the concept of dying with dignity, and the number of passionate submissions to the inquiry on this bill is testament to the significance of this issue.

Since the Euthanasia Laws Act 1997 overturned the historic 1995 Rights of the Terminally Ill Act (NT), which would've allowed euthanasia in the Northern Territory, many of the states have now in fact passed voluntary assisted dying laws—Victoria, WA, Tassie, South Australia and, most recently, Queensland—and I understand New South Wales is now well on the way. There's no compelling rationale for citizens of the Northern Territory and the ACT to be denied the opportunity to engage in similar debates, particularly in light of the Northern Territory having led the way on voluntary assisted dying all those decades ago.

Given the importance of dying with dignity to so many Australians, all Australians should have at the very least the right to have their elected representatives debate the issue and to make laws for voluntary assisted dying if they have the majority of those votes on the floor. I acknowledge many people have said that perhaps they wouldn't support the substance of voluntary assisted dying laws but that they would support the ability of territories to at least have the debate. The Greens support both, but we absolutely think that there should be no restriction on what the legislative assemblies can even debate.

Citizens in the Northern Territory and citizens in the ACT deserve these rights; they want to have this conversation. This bill from this backbencher would provide those rights, and this government won't let the bill come to a vote because it doesn't want to lose another vote on the floor. It's all about politics with this government. It's not about the rights of people. It's not about the rights of territorians. It's about making sure the Prime Minister isn't left with egg on his face once again, after losing a vote on the floor of the House last week. It's all about politics, never about the right thing, what's good for the community or what's good for the planet. So bring on the election and let's turf out this awful mob.

The Greens support the intention of this bill. We support the amendments to remove some of the objectionable provisions and we would support the amendments circulated by the opposition to include the ACT in this bill. I'll conclude my remarks early so that we can hear from the two territorian representatives.

Comments

No comments