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Euthanasia Laws Act 1997
Act of the Parliament of Australia
Act of the Parliament of Australia
| Field | Value |
|---|---|
| short_title | Euthanasia Laws Act 1997 (Cth) |
| legislature | Parliament of Australia |
| image | Coat of Arms of Australia.svg |
| long_title | An Act concerning euthanasia |
| citation | |
| territorial_extent | Territories of Australia |
| introduced_by | Kevin Andrews |
| passed | 24 March 1997 |
| royal_assent | 27 March 1997 |
| date_commenced | 27 March 1997 |
| related | *Rights of the Terminally Ill Act 1995* (NT) |
| status | Repealed |
The Euthanasia Laws Act 1997 (Cth) was an act of the Parliament of Australia to amend the Northern Territory (Self-Government) Act 1978, the Australian Capital Territory (Self-Government) Act 1988 and the Norfolk Island Act 1979 to remove the power of the territory Parliaments 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 The Act was repealed by the Restoring Territory Rights Act 2022, which was passed by the federal parliament in December 2022.
Background
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
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. 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.
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. 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. An identical ban was placed into the Norfolk Island Act 1979, which was later repealed as part of the abolition of self-government on Norfolk Island by the Abbott government in 2015.
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 | Party | Votes for | Votes against | Abstained/Absent | Total (148) | 88 | 35 | 25 | |||
|---|---|---|---|---|---|---|---|---|---|---|---|
| (76) | |||||||||||
| (48) | |||||||||||
| (18) | |||||||||||
| (5) | |||||||||||
| (1) | – | – |
| Euthanasia Laws Bill 1997 – Third Reading in the Senate | Party | Votes for | Votes against | Abstained/Absent | Total (76) | 38 | 33 | 4 | |||
|---|---|---|---|---|---|---|---|---|---|---|---|
| (29) | |||||||||||
| (28) | |||||||||||
| (7) | – | ||||||||||
| (6) | – | ||||||||||
| (2) | – | – | |||||||||
| (2) | – | – | |||||||||
| (2) | – | – |
Legacy
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. 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), in exchange for his support to reinstate the Australian Building and Construction Commission.
| Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 – Second Reading in the Senate | Party | Votes for | Votes against | Absent | Total (76) | 34 | 36 | 6 | |||
|---|---|---|---|---|---|---|---|---|---|---|---|
| (26) | |||||||||||
| (25) | |||||||||||
| (9) | – | ||||||||||
| (6) | |||||||||||
| (2) | – | ||||||||||
| (2) | – | – | |||||||||
| (1) | – | – | |||||||||
| (1) | – | – | |||||||||
| (1) | – | – | |||||||||
| (1) | – | – | |||||||||
| (1) | – | – | |||||||||
| (1) | – | – |
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. 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. 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. It did not restore the Northern Territory's euthanasia law that was nullified by the federal parliament in 1997. and was approved by 99 votes to 37 in the House of Representatives on 3 August 2022. The bill passed its second reading in the Senate on 24 November 2022 by 41 votes to 25. It passed its third reading in the Senate on 1 December 2022, with no division called. The legislation received royal assent on 13 December 2022 and took immediate effect.
| Restoring Territory Rights Bill 2022 – Third Reading in the House of Representatives | Party | Votes for | Votes against | Abstained/Absent | Total (151) | 99 | 37 | 15 | |||
|---|---|---|---|---|---|---|---|---|---|---|---|
| (77) | |||||||||||
| (42) | |||||||||||
| (16) | |||||||||||
| (4) | – | ||||||||||
| (1) | – | – | |||||||||
| (1) | – | – | |||||||||
| (10) | – |
| Restoring Territory Rights Bill 2022 – Second Reading in the Senate | Party | Votes for | Votes against | Abstained/Absent | Total (76) | 41 | 25 | 10 | |||
|---|---|---|---|---|---|---|---|---|---|---|---|
| (26) | |||||||||||
| (26) | |||||||||||
| (12) | – | – | |||||||||
| (6) | – | ||||||||||
| (2) | – | ||||||||||
| (2) | – | – | |||||||||
| (1) | – | – | |||||||||
| (1) | – | – |
Notes
References
References
- Mannheim, Markus. (1 December 2022). "Federal parliament overturns 25-year-old ban on euthanasia laws in ACT and Northern Territory". [[ABC News (Australia).
- "The roles and responsibilities of the three levels of government". Parliamentary Education Office.
- (10 November 2010). "Bills Digest no. 36 2010–11: Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2010". aph.gov.au.
- {{cite Legislation AU. Cth. num_act. ela1997161. Euthanasia Laws Act 1997
- (29 March 1997). "Australian Senate overturns world's first euthanasia law". The Lancet.
- (9 December 1996). "EUTHANASIA LAWS BILL 1996—HOUSE OF REPRESENTATIVES".
- (24 March 1997). "Senate Official Hansard".
- {{cite Legislation AU. Cth. act. nta1978425. Northern Territory (Self-Government) Act 1978. 50A Laws concerning euthanasia.
- {{cite Legislation AU. Cth. act. acta1988482. Australian Capital Territory (Self-Government) Act 1988. 23 Matters excluded from power to make laws.
- "Norfolk Island Act 1979".
- (9 December 1996). "EUTHANASIA LAWS BILL 1996—HOUSE OF REPRESENTATIVES".
- 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.
- 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.
- (15 August 2018). "Territories euthanasia bill sunk in Senate". SBS News.
- (15 August 2018). "Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015 – Second Reading".
- "Threat to Malcolm Turnbull as euthanasia cabinet split looms".
- (refer to [https://myaccount.news.com.au/sites/theaustralian/subscribe.html?sourceCode=TAWEB_WRE170_a_GGL&mode=premium&dest=https://www.theaustralian.com.au/national-affairs/pm-breathes-easy-as-euthanasia-bill-sinks/news-story/9babd5babd188872d092ffc88b1e88c3&memtype=anonymous 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.
- "Restoring Territory Rights Bill 2022". aph.gov.au.
- "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.
- (24 November 2022). "Restoring Territory Rights Bill 2022 – Second Reading".
- (1 December 2022). "Restoring Territory Rights Bill 2022 – Third Reading".
- "Restoring Territory Rights Act 2022". Federal Register of Legislation.
- (3 August 2022). "Restoring Territory Rights Bill 2022 – Third Reading".
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