1st Dec 2022, 7:32 PM – Senate Restoring Territory Rights Bill 2022 - in Committee - Limitation of power

The majority voted against amendments introduced by Northern Territory Jacinta Nampijinpa Price (Country Liberal Party), which means they failed.

What do the amendments do?

Senator Nampijinpa Price explained that:

The purpose of the Restoring Territory Rights Bill 2022 is to amend the Australian Capital Territory (Self-Government) Act 1988 and the Northern Territory (Self-Government) Act 1978 to remove the provisions currently preventing the territories from passing legislation which would allow for voluntary assisted dying. The bill would not legalise that in either of the territories but rather would allow the legislative assemblies of the ACT and the NT to pass laws allowing for VAD. Despite what the Labor Northern Territory and federal House of Representatives members have portrayed of me publicly, I do support the bill and am doing my job—which they should note how to better do themselves—in making a bad bill better for the Territory. I'll say this again: I absolutely support the rights of Territorians. The proposed amendments, drafted by the parliamentary clerk, have been developed to ensure that the exact restraints that are currently operative in state law are applied in the Territory, because we have some of the most vulnerable communities and people in Australia.

Why are the major parties split on how to vote?

This was a free vote (also known as a conscience vote), which means our senators voted according to their own beliefs rather than voting along party lines.

Amendment text

(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:

1 Subsections 23(1A) and (1B)

Repeal the subsections, substitute:

(1A) The Assembly has no power to make laws permitting or having the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing), or the assisting of a person to terminate the person's life, in circumstances where:

(a) the person whose life is to be terminated is under 18 years of age; or

(b) the euthanasia is performed or the assistance is provided solely on the ground that the person whose life is to be terminated has:

(i) a disability (within the meaning of the Disability Discrimination Act 1992); or

(ii) a mental impairment (within the meaning of the Criminal Code).

(1B) Subsection (1A) does not limit the power of the Assembly to make laws with respect to:

(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient, but not so as to permit the intentional killing of a person who is under 18 years of age; and

(b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of a person who is under 18 years of age; and

(c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and

(d) the repealing of legal sanctions against attempted suicide.

(2) Schedule 1, item 2, page 3 (lines 7 and 8), omit the item, substitute:

2 Section 50A

Repeal the section, substitute:

50A Law s concerning euthanasia

(1) Subject to this section the power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws which permit or have the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing), or the assisting of a person to terminate the person's life, in circumstances where:

(a) the person whose life is to be terminated is under 18 years of age; or

(b) the euthanasia is performed or the assistance is provided solely on the ground that the person whose life is to be terminated has:

(i) a disability (within the meaning of the Disability Discrimination Act 1992); or

(ii) a mental impairment (within the meaning of the Criminal Code).

(2) Subsection (1) does not limit the power of the Legislative Assembly to make laws with respect to:

(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient, but not so as to permit the intentional killing of a person who is under 18 years of age; and

(b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of a person who is under 18 years of age; and

(c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and

(d) the repealing of legal sanctions against attempted suicide.