Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Hansard source

Firstly, I want to acknowledge the widespread community interest in this debate, as there often is in free votes and conscience matters that come before this parliament. As others have reflected, these types of conscience votes do often bring out the best of thoughtful, considered, calm and reflective debate around the chamber. I acknowledge with that the very strong and personally held views around the chamber divide almost every party in this chamber on issues that people care about—be they questions associated with voluntary assisted dying and/or the questions associated with territory rights. People have brought those perspectives to bear here in good faith right around the chamber. I think it is important to acknowledge that. Senator Gallagher acknowledged a number of people who are here observing the debate. Many are in the gallery and many others are paying attention. She also came up to me afterwards, having realised that she had missed noticing the ACT Liberal leader, Elizabeth Lee, in the gallery. So I acknowledge everybody else and, on behalf of all of us, thank you for being here, Elizabeth, along with many others.

I welcome very much the second reading vote that took place. It provided a clear indication of support for territory rights by 41 to 25 in this chamber, following the 99 to 37 majority in the House of Representatives. They were strong, clear endorsements by both chambers for the adoption of territory rights. As I said in my second reading remarks, much has changed since 1997 when the restrictions on the territories were put in place. Though I did not support those restrictions all the way back then, I can understand the sentiment that led to them at that stage—the sense that the Northern Territory was undertaking what was, in a global sense, an element of legislative adventure at the time.

We have come a long way since then in this country, with all six Australian states having now legislated for models of voluntary assisted dying. It is no more a legislative adventure to pursue such a model; it is indeed common practice across Australia and in many other parts of the world. Importantly, each of those six state models around the country presents a model for the territories to consider in their legislative journey, should the restrictions in place be lifted. They present a model that didn't exist in 1997; as sound or solid as the model that Marshall Perron and Territorians legislated at that time may have been, there are now many others to look at and, critically, each of them comes with very extensive safeguards in place.

Senator Nampijinpa Price rightly brings to this chamber an amendment that seeks to address some of the important issues of safeguards. Senator Nampijinpa Price is a proud Territorian. She brings this forward, I have no doubt, absolutely in good faith. She expressed her views in relation to territories' rights clearly, strongly and forcefully, as she does on every matter that she speaks about. As Senator Gallagher, Senator Scarr and others have acknowledged, it is in that good faith that we should consider the questions she has brought forward.

Senator Nampijinpa Price and Senator Liddle, in particular, rightly highlighted the crucial role of effective safeguards, especially in relation to the Northern Territory. We should not be closed to the unique circumstances of the NT and its vulnerable communities. They're right to highlight the paramount importance of having effective safeguards in place. And I trust that through this amendment being tabled and rightly debated and facilitated through this process, their message is loudly and clearly heard in terms of the importance of getting those safeguards right.

However, there are many safeguards to be considered in legislating for voluntary assisted dying. Those contained in the amendments of Senator Nampijinpa Price are about some of those that either territory must consider in terms of legislating a model. That is why I think it is important that if we are restoring the rights to legislate for voluntary assisted dying to the territories, it should not be in a manner where the Commonwealth seeks to part legislate the model of voluntary assisted dying they adopt. We should restore those rights, doing so confident that democratically elected assemblies in those territories will consider all of the safeguards necessary for effective models of voluntary assisted dying.

So I won't be supporting the amendment put forward in good faith by my colleague. I do, certainly—and I'm sure speak for all senators—expect that the territories consider these matters thoroughly and embed these types of safeguards in ways that effectively work for a model of voluntary assisted dying. That is what we should expect of them and that is what has occurred across the six Australian states and the different models that they have deployed and put in place. That is what putting the rights for the territories back in the hands of the territories will enable each of them to do as well.