Payne pushes to restore territory rights

MEMBER for Canberra Alicia Payne will co-sponsor a legislation to repeal the bill barring the ACT and NT from legalising voluntary assisted dying.

Ms Payne will join forces with NT Labor backbencher Luke Gosling when Parliament resumes later this month in an effort to repeal the laws which have been in place for 25 years.

The Andrews Bill, first passed in 1997, has barred the territories from legalising voluntary euthanasia, despite all six states in Australia legalising the controversial procedure since 2017.

“The reality is the Andrews Bill makes residents of the ACT and NT second-class citizens,” Ms Payne said on Monday (July 4).

“That’s why I will introduce a private member’s bill, with my Northern Territory colleague Luke Gosling, to repeal the Andrews Bill as soon as possible when parliament resumes.”

Opposition Senate leader Simon Birmingham says he’ll support the bill, indicating the possibility of smooth passage through the Upper House.

“My ACT and NT Labor colleagues are working hard to give ACT and NT citizens the power to make their own decisions,” said Ms Payne.

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July 5, 2022

5 Responses to Payne pushes to restore territory rights

Peter Graves says: 5 July 2022 at 10:42 am

I suggest it’s a little more than repealing a “Bill” – which only introduces a legislative change.

This limitation is explicitly in the AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) ACT 1988, under S.23 (1A)
“Section 23 Matters excluded from power to make laws
………………….

(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 his or her life.”

Presumably the same is in the NT Self-Government Act – also to be changed ?

Peter Graves says: 6 July 2022 at 5:09 pm

And as PS. Presumably Kevin Andrews introduced an Amending Act that amended that Section 23, by inserting that Paragraph (1A).

Jon Stanhope says: 5 July 2022 at 12:38 pm

I do hope, especially now that the non-self governing territory of Norfolk Island has been dumped into the ACT for the purposes of Federal elections that Alicia’s Bill to “restore territory rights” will extend to Norfolk island, Christmas island and the Cocos (Keeling) Islands.
Heaven forbid that the Bill restores the rights of only some territories. How hypocritical that would be. Senator Pocock and David Smith, as elected representatives of the people of Norfolk Island could surely not stand for that.

Brett Sanderson says: 8 July 2022 at 11:45 am

The reality is the Andrews Bill makes citizens of the external territories third class citizens. We don’t get to vote on euthanasia, nor health, nor education, nor any of the territory responsibilities ACT and NT residents take for granted.

Peter Graves says: 8 July 2022 at 11:53 am

Possibly not. S.122 of the Constitution gives that more-general power to the Commonwealth and it has been exercised only on VAD, with that specific amendment of Section 23 of the AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) ACT 1988.

The ACT and NT still have their own specific powers on everything else. I do agreee on one aspect – Andrews and Howard knowingly and deliberately created two classes of Australian citizens. Without much reaction from anywhere – except here and in the NT.

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