Page 4605 - Week 13 - Wednesday, 27 November 2019
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
As we all know, one state has already passed legislation regarding voluntary assisted dying, and the other five states are free to do the same. In particular, we note that Western Australia is currently debating the introduction of euthanasia laws. The issue is on the agenda, or has been, in Queensland and New South Wales, and, indeed, will be in the other states. Meanwhile the ACT and the Northern Territory are still prevented from having this debate. In 2019, after 30 years of ACT self-government, it is obviously a ridiculous situation and becomes increasingly absurd as each of the Australian states moves forward on this issue.
It is worth noting that the issue of territory rights is not just confined to the rights of territories to pass legislation relating to voluntary assisted dying. We have our own experiences here in the ACT. I take members back to 2006 when the ACT Legislative Assembly passed what was not a particularly contentious piece of legislation: the Civil Unions Bill 2006. It allowed two people, including same-sex couples, to enter into a civil union with the same legal rights and obligations under ACT law as marriage.
As an aside, that was the very first piece of legislation that I voted on as a member in this place. It is heartening to see how far that debate has come in a decade: from a pioneering law being overturned by the commonwealth in 2006, to the legislation being enacted nationally a little more than a decade later.
The intent of that bill was to deliver functional equality for couples who either preferred not to marry or who, at that time, did not have access to marriage under the commonwealth Marriage Act. Four days after the ACT law came into effect, the then commonwealth Attorney-General, Philip Ruddock, disallowed the ACT Civil Unions Act. In doing so, as a minister, he intervened in and undermined self-government in the ACT.
There was significant opposition to this action. A motion was moved in the Australian Senate to overturn the Attorney-General’s decision and reinstate the ACT legislation. It was narrowly defeated, 32 votes to 30. This example demonstrates territory citizens being denied their democratic rights and being disadvantaged based on where we live. It is a situation that should not be allowed to persist. Territory citizens deserve the same rights as any other Australian.
After three decades of self-government here in the ACT, we can all attest that we have a robust and established parliament, a strong jurisdictional identity and an expectation that elected local representatives will be able to debate and decide upon the issues that matter most to the ACT community.
The personal views of senators and members of parliament on specific issues, for example, marriage equality or civil partnerships in the past decade, and voluntary assisted dying, should not be conflated with the legitimate argument to restore territory rights. The ACT and Northern Territory legislative assemblies should have the freedom to debate and pass legislation that reflects the democratic will of the people they represent. Denying this right fundamentally undermines democratic principles and prevents territory citizens from deciding on the issues that matter most
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video