The Euthanasia Laws Act 1997 (Cth) was an Act of the Parliament of Australia to amend the Northern Territory (Self-Government) Act 1978,[1] the Australian Capital Territory (Self-Government) Act 1988 and the Norfolk Island Act 1979 to remove the power of the Parliament of each of those territories to legalise euthanasia. The law was enacted in response to the enactment of the Rights of the Terminally Ill Act 1995 (NT) by the Parliament of the Northern Territory which had legalised euthanasia in the Territory. The Act was repealed by the Restoring Territory Rights Act 2022, which was passed by the federal parliament in December 2022.[2]
| Euthanasia Laws Act 1997 (Cth) | |
|---|---|
 | |
| Parliament of Australia | |
| |
| Citation | No. 17 of 1997 |
| Territorial extent | Territories of Australia |
| Royal assent | 27 March 1997 |
| Commenced | 27 March 1997 |
| Legislative history | |
| Introduced by | Kevin Andrews |
| Passed | 24 March 1997 |
| Related legislation | |
| Rights of the Terminally Ill Act 1995 (NT) | |
| Status: Repealed | |
Background edit
The Euthanasia Laws Bill 1996 was introduced in the Australian Parliament by Liberal Party backbencher Kevin Andrews as a private member's bill.
The Act edit
Despite the power to legislate for euthanasia being held by the states, under Section 122 of the Constitution of Australia the Federal Parliament has the power to override any law passed by a territory parliament.[3] This occurred in 1997, when the Federal Parliament passed the Euthanasia Laws Act 1997, originally introduced as a private member's bill by Liberal MP Kevin Andrews.[4] The legislation passed the Senate by 38 votes to 33 in March 1997, having previously passed the House of Representatives by 88 votes to 35 in December 1996.[5][6][7][8] The law amended the Northern Territory (Self-Government) Act 1978 and Australian Capital Territory (Self-Government) Act 1988 to explicitly prevent the Northern Territory Parliament and Australian Capital Territory Legislative Assembly from legislating to allow euthanasia or assisted suicide.[9][10] An identical ban was placed into the Norfolk Island Act 1979, which was later repealed as part of the abolition of self-government on Norfolk Island by the Abbott government in 2015.[11] As well as removing the power of those territories to legalise euthanasia, the Act specifically repealed the provisions of the Rights of the Terminally Ill Act 1995 (NT), which had previously been passed by the Northern Territory Parliament and allowed euthanasia to occur in the territory in the intervening period.
| Euthanasia Laws Bill 1996 – Third Reading in the House of Representatives[12] | ||||
|---|---|---|---|---|
| Party | Votes for | Votes against | Abstained/Absent | |
| Liberal (76) | 53
|
|||
| Labor (48) | ||||
| National (18) | ||||
| Independent (5) | ||||
| Vacant (1) | – | – | 1 | |
| Total (148) | 88 | 35 | 25 | |
| Euthanasia Laws Bill 1997 – Third Reading in the Senate[8] | ||||
|---|---|---|---|---|
| Party | Votes for | Votes against | Abstained/Absent | |
| Liberal (29) | ||||
| Labor (28) | ||||
| Democrats (7) | – | |||
| National (6) | – | |||
| Greens (2) | – | – | ||
| Independent (2) | – | – | ||
| Vacant (2) | – | – | 2
| |
| Total (76) | 38 | 33 | 4 | |
Legacy edit
Over the following 20 years there were nine bills introduced to the parliament to repeal Andrews' legislation, though at no point did any repeal legislation come to a vote on the floor of either chamber of parliament.[13][14] In 2018 Liberal Democratic Party Senator David Leyonhjelm re-introduced a bill into the Senate to remove the federal ban on the ACT and Northern Territory legislating for euthanasia. Leyonhjelm's bill was given priority in the Senate after he secured the Turnbull government's agreement for a conscience vote in the Senate and possibly the House of Representatives (the question of the government permitting a vote in the House was unresolved),[15] in exchange for his support to reinstate the Australian Building and Construction Commission.[15] The Liberal/National government, opposition Labor Party and several minor party crossbenchers held a conscience vote on the legislation. Despite Leyonhjelm expressing optimism for the bill's prospects,[15] it was defeated in the Senate by 36 votes to 34.[16][17]
| Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 – Second Reading in the Senate[18] | ||||
|---|---|---|---|---|
| Party | Votes for | Votes against | Absent[a] | |
| Labor (26) | ||||
| Liberal (25) | ||||
| Greens (9) | – | |||
| National (6) | 4
|
|||
| One Nation (2) | – | |||
| Centre Alliance (2) | – | – | ||
| Australian Conservatives (1) | – | – | ||
| Katter's Australian (1) | – | – | ||
| United Australia (1) | – | – | ||
| Justice (1) | – | – | ||
| Liberal Democrats (1) | – | – | ||
| Independent (1) | – | – | ||
| Total (76) | 34 | 36 | 6 | |
The Euthanasia Laws Act remained in effect, even as all six state parliaments passed their own versions of assisted dying legislation between 2017 and 2022. The former Morrison government rejected requests by the Australian Capital Territory (ACT) and Northern Territory governments to repeal the law.[21][22] The Albanese Government, elected in May 2022, endorsed a conscience vote on repeal legislation that was introduced by Labor MPs Luke Gosling and Alicia Payne on 1 August 2022.[23][24] The bill, titled the Restoring Territory Rights Bill 2022, removed the sections of the federal self-government acts for the ACT and Northern Territory that prevented those legislatures from passing euthanasia laws.[25] It did not restore the Northern Territory's euthanasia law that was nullified by the federal parliament in 1997.[25] Debate of the bill was prioritised by the government,[24][26] and was approved by 99 votes to 37 in the House of Representatives on 3 August 2022.[27][28] The bill passed its second reading in the Senate on 24 November 2022 by 41 votes to 25.[29] It passed its third reading in the Senate on 1 December 2022, with no division called.[30] The legislation received royal assent on 13 December 2022 and took immediate effect.[31]
| Restoring Territory Rights Bill 2022 – Second Reading in the Senate[29] | ||||
|---|---|---|---|---|
| Party | Votes for | Votes against | Abstained/Absent | |
| Labor (26) | ||||
| Liberal (26) | ||||
| Greens (12) | – | – | ||
| National (6) | – | |||
| One Nation (2) | – | |||
| Lambie Network (2) | – | – | ||
| Palmer United (1) | – | – | ||
| Independent (1) | – | – | ||
| Total (76) | 41 | 25 | 10 | |
Notes edit
- ^ Kimberley Kitching opposed the legislation but was absent from the chamber, so she was paired with Gavin Marshall who favoured the legislation.[19] Lee Rhiannon favoured the legislation but resigned her seat earlier that day, so she was paired with Bridget McKenzie who opposed the legislation. Arthur Sinodinos, whose position on the bill was unknown, was absent from the chamber due to illness and Kim Carr, who favoured the bill was also absent from the chamber.[20]
References edit
- ^ "Northern Territory (Self-Government) Act 1978".
- ^ Markus Mannheim (1 December 2022). "Federal parliament overturns 25-year-old ban on euthanasia laws in ACT and Northern Territory". ABC News.
- ^ "The roles and responsibilities of the three levels of government". Parliamentary Education Office. Archived from the original on 7 November 2019. Retrieved 1 December 2022.
- ^ "Bills Digest no. 36 2010–11: Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2010". aph.gov.au. 10 November 2010.
- ^ Euthanasia Laws Act 1997 (Cth)
- ^ Cordner, Stephen; Ettershank, Kathy (29 March 1997). "Australian Senate overturns world's first euthanasia law". The Lancet. 349 (9056): 932. doi:10.1016/S0140-6736(05)62714-6. S2CID 54413319.
- ^ "EUTHANASIA LAWS BILL 1996—HOUSE OF REPRESENTATIVES" (PDF). House Votes and Proceedings (HVP) No 58. Commonwealth of Australia: House of Representatives. 9 December 1996.
- ^ a b "Senate Official Hansard". No. 183, 1997. Commonwealth of Australia: Australian Senate. 24 March 1997. p. 155.
- ^ Northern Territory (Self-Government) Act 1978 (Cth) s 50A Laws concerning euthanasia.
- ^ Australian Capital Territory (Self-Government) Act 1988 (Cth) s 23 Matters excluded from power to make laws.
- ^ "Norfolk Island Act 1979". Archived from the original on 9 December 2018. Retrieved 9 December 2018. (Cth) s 19 Legislative power of Legislative Assembly. Repealed as part of the abolition of self-government on Norfolk Island by the Norfolk Island Legislation Amendment Act 2015 (Cth).
- ^ "EUTHANASIA LAWS BILL 1996—HOUSE OF REPRESENTATIVES" (PDF). House Votes and Proceedings (HVP) No 58. Commonwealth of Australia: House of Representatives. 9 December 1996.
- ^ Leah Ferris (3 August 2022). "Restoring Territory Rights Bill 2022: Bills Digest No. 5, 2022–23". aph.gov.au.
- ^ Dr Michael Sloane (21 May 2021). "Free votes in the Commonwealth Parliament 1950-2021: a quick guide". aph.gov.au.
- ^ a b c Paul Karp (14 August 2018). "David Leyonhjelm confident voluntary euthanasia bill will pass Senate". The Guardian.
- ^ Paul Karp (15 August 2018). "Euthanasia bill defeated in the Senate after senators reverse position". The Guardian.
- ^ "Territories euthanasia bill sunk in Senate". SBS News. 15 August 2018.
- ^ "Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 – Second Reading". Australian Senate Hansard – 15 August 2018. Commonwealth of Australia: Senate. 15 August 2018. p. 4965-66.
- ^ "Threat to Malcolm Turnbull as euthanasia cabinet split looms". The Australian.
- ^ (refer to this article in The Australian), though note the article is behind a paywall.
- ^ Isaac Nowroozi and Niki Burnside (8 October 2021). "Request to allow for voluntary assisted dying laws in ACT and NT denied by Attorney-General Michaelia Cash". ABC News.
- ^ Dominic Giannini (19 May 2022). "PM draws line on assisted dying in NT, ACT". 7news.com.au.
- ^ Josh Butler (25 July 2022). "Federal Labor allows conscience vote on push to overturn ban on ACT and NT assisted dying laws". Guardian Australia.
- ^ a b "Restoring Territory Rights Bill 2022". aph.gov.au.
- ^ a b "Explanatory Memorandum: Restoring Territory Rights Bill 2022". aph.gov.au.
- ^ Lisa Visentin (1 August 2022). "Parliament to host de facto euthanasia debate with territory rights bill". The Sydney Morning Herald.
- ^ Maeve Bannister (3 August 2022). "Lower house supports territory rights". The Canberra Times.
- ^ Niki Burnside (3 August 2022). "Euthanasia ban for ACT and NT closer to being repealed as territory rights bill passes House of Representatives". ABC News.
- ^ a b "Restoring Territory Rights Bill 2022 – Second Reading". Parliament of Australia. Australia: Senate. 24 November 2022.
- ^ "Restoring Territory Rights Bill 2022 – Third Reading". Parliament of Australia. Australia: Senate. 1 December 2022.
- ^ "Restoring Territory Rights Act 2022". Federal Register of Legislation.
- ^ "Restoring Territory Rights Bill 2022 – Third Reading". Parliament of Australia. Australia: House of Representatives. 3 August 2022.