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The Canberra Times
The Canberra Times
Lucy Bladen

Barr outlines path to ACT's voluntary assisted dying laws

ACT Human Rights Minister and Chief Minister Andrew Barr at Parliament House on Thursday. Picture by Sitthixay Ditthavong

The ACT government wants legislation to allow voluntary assisted dying in the territory by the end of next year.

The government will start consulting on the proposed laws in February, and hopes legislation could be introduced in the second half of the year.

Senators voted to overturn a 25-year ban preventing the ACT and Northern Territory from legislating on voluntary assisted dying, paving the way for the territory to debate the issue.

Chief Minister Andrew Barr said the 25-year battle to restore territory rights had been won.

"We understand the significant obligation that is now on the ACT and Northern Territory legislative assembly's to deal with these matters now," he said.

Voluntary assisted dying legislation is expected to dominate the ACT's parliament in 2023. Mr Barr said it would likely take the whole year.

"Canberrans can have great confidence that their 25 elected representatives will look at this matter deeply and put in place the legislation in Australia."

Human Rights Minister Tara Cheyne will lead work on the legislation, working with Mr Barr, Attorney-General Shane Rattenbury and Health Minister Rachel Stephen-Smith.

Ms Cheyne said the ACT would consider voluntary assisted dying laws enacted in other states. All six states have passed laws in the past five years.

"We are in a position of being able to draw on experiences from the laws which exist in the states, several of which are operational," she said.

"We also want the legislation to reflect the views and values of the Canberra community."

Ms Cheyne, who has strongly campaigned for territory rights since being elected in 2016, said the repeal of the Andrews Bill was a victory for democratic and human rights.

"For too long, Canberrans have been treated like second-class citizens with the laws preventing the Legislative Assembly and ACT community from considering an issue that deeply matters to them," she said.

"This became increasingly unconscionable as all six states progressively legislated for voluntary assisted dying."

The government will plan the consultation process over the Christmas and new year period. It will include a discussion paper, which people will be able to comment on. It will run for at least eight weeks. There will be a report following the consultation.

Ms Cheyne said the government was in the "deep stages" of preparing a discussion paper and consultation process.

"Canberrans can have confidence in the ACT government working incredibly hard to get ready for that process over the Christmas and New Year period," she said.

Proposed laws would be introduced in the Legislative Assembly in the second half of 2023. The bill would be examined by a parliamentary committee and this would take at least three months.

Human Rights Minister Tara Cheyne will lead work on the ACT's voluntary assisted dying laws. Picture by Karleen Minney

Opposition Leader Elizabeth Lee said any legislation on voluntary assisted dying would need to be thoroughly scrutinised and the wide range of views must be listened to.

Ms Lee welcomed the restoration of territory rights. She said she had many discussions with federal members about it.

"We respect the wide range of views on voluntary assisted dying held by the Canberra community," she said.

"This is an important issue for Canberrans and as members elected by Canberrans to make decisions on behalf of Canberrans, it is right for the ACT Legislative Assembly to have the right to legislate on it."

A previous end-of-life inquiry by an ACT parliamentary committee laid out safeguards for voluntary assisted dying in the ACT.

The report, published in 2019, made no formal recommendations about euthanasia but said safeguards would be needed if it was introduced. These included that a person must be over 18 and have been diagnosed with a terminal illness or serious condition that can't be relieved through palliative care.

The committee also recommended at least one general practitioner must independently assess the person to ensure they are of sound mind and they must have been given adequate information about voluntary assisted dying and their position.

It is expected voluntary assisted laws would pass the territory's parliament with an overwhelming majority as all government members have previously indicated their support.

Labor and Liberals members will have a conscience vote on the issue. Greens members are not given a conscience vote as voluntary assisted dying is part of the party's platform.

Not all members of the Liberal party are expected to support legislation, based on previous positions.

Every Labor member of the Legislative Assembly indicated support for voluntary assisted dying in an online survey before the 2020 election when candidates were able to share their policy positions.

In the same poll, only three members from the Liberal party indicated support for voluntary assisted dying: Opposition Leader Elizabeth Lee and members for Brindabella Nicole Lawder and Mark Parton.

Ed Cocks, Jeremy Hanson, Leanne Castley and James Milligan all indicated they were against voluntary assisted dying. Peter Cain and Elizabeth Kikkert did not complete the survey.

However, Mr Hanson and Ms Castley have confirmed to The Canberra Times they are both now open to considering voluntary assisted dying laws given other states have enacted legislation and more information is available.

The Canberra Times has been campaigning for territory rights to be restored as part of the Our Right to Decide campaign.

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