Paul Scarr (Queensland, Liberal Party) Share this | Hansard source

I want to focus on a phrase Senator Gallagher used in the course of her remarks, and I think everyone listening to this debate needs to carefully reflect on this phrase, and it is 'the amendment is coming from a good place'—and it is coming from a good place. Senator Nampijinpa Price is showing a great deal of courage in moving these amendments and is doing so solely—solely—because she cares about the most vulnerable people in the Northern Territory. Every person listening to this debate should sincerely acknowledge and give respect to my colleague Senator Nampijinpa Price for her stand in relation to this issue. And I dearly hope that when this debate is done and all of us in this place have respectfully put forward our comments that the position adopted in good faith—and sometimes it's very difficult to balance all the competing considerations in this regard—we can move on from this debate. The fact that different views are being expressed in the course of this debate in this chamber makes our democracy strong, and we should then move on and there should be no recriminations. There should be no looking back at the positions people have adopted in good faith. They should simply be respected.

I want to make a few quick points about the amendment. The first is that as a Queensland senator I did read, in relation to the experience in the Northern Territory, and was deeply moved by—and I spoke about this during the second reading debate—an article written by Chips Mackinolty in relation to the laws that had previously been adopted by the Northern Territory. The title of that article is 'Right legislation: wrong jurisdiction?' Senator Dodson has referred to that article in the course of this debate. The fact of the matter is that the ACT is very different from the Northern Territory—extremely different, in many, many respects. I don't presume to stand in this place and say to the parliamentarians in the Northern Territory what they should or shouldn't do. But I have a responsibility as a senator in this place to consider those facts, and I think it is on the record that there are particular issues in relation to the Northern Territory. I dearly hope that whatever direction the Northern Territory takes it reflects on those previous experiences, which did cause me deep concern.

In relation to the issue of disability, I previously raised the point that the United Nations Special Rapporteur in relation to the rights of the disabled has written to the Canadian government raising concerns about their legislation, about the availability of medically assisted dying for people with a disability. I've spoken about the experiences in Canada of people with a disability being approached in hospitals, even by an ethics manager, and being asked to reflect on the cost of their medical treatment. That causes me deep, deep concern, because I think Canada should be seen as an analogue for Australia—an advanced country with a system of human rights recognition. However, that is the reality. I heard the story of a veteran who was suffering from chronic depression ringing a helpline and being told that perhaps he could access medically assisted dying. I dearly hope we don't see those sorts of manifestations occurring in the Northern Territory, the ACT or any other jurisdiction in this country. But the reality is that there are issues with respect to how the law is being put into practice in Canada, and that's why I believe that these safeguards make sense.

As Senator Nampijinpa Price has said, they're adopted in other states. I don't think it's particularly unclear, to be frank. I can see a difference between a person who suffers from an egregious illness like cancer et cetera and someone who has a disability. I can recognise that difference on the face of it. I sincerely do not believe that this amendment, these safeguards, would render any Northern Territory legislation nugatory. I simply don't believe that's the case. So I'm happy to rise and support my good friend Senator Nampijinpa Price, and I ask everyone to reflect on Senator Gallagher's words that this amendment comes from a good place. Once this debate is finished, I dearly hope we can just move forward. Thank you.