David Pocock (ACT, Independent) Share this | Hansard source

Firstly, I would like to echo the comments about the respectful way this debate has taken place in the Senate. This is a bill that means a lot to the community I represent. I would like to take a moment to thank a number of people here in the galleries this evening: Samuel Whitsed, for his dedication and courage on this to see it through and for lending his voice to get this done; Caitlin Kearley, who has been in and out of the Senate for a while—thank you for your courage; as acknowledged by Senator Gallagher, Gina Pinkas—thank you for your advocacy; Marshall Perron; our Chief Minister, Andrew Barr; the ACT Leader of the Opposition, Elizabeth Lee; the ACT Minister for Human Rights, Tara Cheyne; Andrew Denton and Dr Linda Swan, from Go Gentle; the staff at the Canberra Times, who have never let this matter get out of the spotlight here in the ACT and nationally; the Greens senators who have passionately fought for the rights of the territories to be restored for over a decade now; of course, my territory colleagues in the lower house Alicia Payne MP and Luke Gosling MP, for introducing this bill together; my broader territory colleagues Andrew Leigh, Marion Scrymgour and Senator Malarndirri McCarthy, for your support; and Senator Gallagher, for her advocacy on this issue for a decade or so both at the Legislative Assembly and in this place.

Tonight we finally we get to bring this to a vote. I hope we can continue this debate respectfully until that happens. But I want to take a bit of time to speak to the amendments. As Senator Gallagher and Senator Scarr noted, these amendments come from a good place. However, I would like to point out that the whole point of this bill is to remove the restraints on the territories, to restore our democratic right to debate and legislate on this issue in our local parliaments. These amendments add more restraints and go against the core aim of this bill, which is to allow the territories the same legislative rights and freedoms as the states—the same legislative freedoms of the vast majority of senators in here and the people that they represent in their states.

The self-government acts were always intended to allow this legislative equality. With this simple repeal bill, we go back to that, and I do not believe that these amendments are necessary. Overnight, I sought an opinion from barrister Fiona McLeod AO SC on the substantive amendment from Senator Nampijinpa Price. Her observations were that the definition offered in the Disability Discrimination Act would essentially render this bill ineffective. Under the act, and rightly so, anyone with a terminal illness could be thought of as living with a disability. Therefore, if this amendment were to pass, the ACT and Northern Territory would be unable to legislate the voluntary assisted dying scheme for the terminally ill. On another matter, the definition of mental impairment under the Criminal Code would create more uncertainty. Mental impairment in this context requires consideration of effect and context—in a criminal court case, no less. As McLeod said in her opinion, 'This definition's incorporation into the bill is unwieldy'.

I won't be supporting this amendment. The bill is simple. It is about restoring the democratic rights of the territories. It allows the ACT and the Northern Territory to have the same respectful, considered discussions on voluntary assisted dying as our friends, family and neighbours in other states. This bill is about saying that the ACT and the Northern Territory should have the same right as the states in Australia to consult, to debate and to legislate on this issue that is very important to some in our communities—one that, clearly, involves tightly held and deeply personal views. I think we see that reflected in the way the states have done this, with the extensive consultations they have gone through. As Senator Hume talked about in her very moving speech, the states have significant safeguards in their legislation about who can access this and in what situation. I have no doubt that the territories would undertake a similar process. The benefit of the territories going last is that they have all the learnings from the states. While I accept that, around the world, there may be examples which are potentially shocking, we are in Australia. My sense is that the territories will follow in the footsteps of the states on this issue. So I urge senators to keep that in mind when we vote tonight. This is about people in the ACT and the Northern Territory having the same democratic right to make these important decisions in their own parliaments.