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The Canberra Times
The Canberra Times
Lucy Bladen

Voluntary assisted dying laws will reflect ACT community views, govt says

Member for Canberra Alicia Payne, Chief Minister Andrew Barr and Human Rights Minister Tara Cheyne after the restoring territory rights bill passed in the Senate on Thursday night. Picture by Sitthixay Ditthavong

The ACT could have voluntary assisted dying laws in place by the end of 2024 with the government promising legislation to reflect the views of the Canberra community.

ACT Chief Minister Andrew Barr said the territory would seek to put in place the best laws in Australia by drawing on experiences in other states.

ACT Greens leader Shane Rattenbury said he wanted the territory to put in place the most advanced and "modern version" of the laws.

However, ACT Opposition Leader Elizabeth Lee has said the ACT should not adopt laws that would be the most accessible.

It is expected voluntary assisted laws will pass the territory's parliament with an overwhelming majority.

While there is sufficient support within the parliament for the legislation the Catholic church has already indicated it will strongly campaign against any proposed laws.

Voluntary assisted dying legislation is expected to dominate the ACT's parliament in 2023 after senators voted to overturn a 25-year ban preventing the territories from legislating on the issue.

During that time, all six states have passed voluntary assisted dying laws.

The ACT government will prepare a consultation process over the Christmas period, which is expected to open for community feedback in February.

ACT Human Rights Minister Tara Cheyne, who will lead the push, said while the ACT wanted to get the process under way quickly it was important everybody could provide their views.

"Something that has weighed heavily on me is there are very high expectations from the community, some of whom have waited 25 years for this process to get under way," she said.

"So there is that urgency and anticipation but most importantly we want to get this right."

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

She said while the government would look at interstate models, any legislation would take into account the views of the Canberra community.

The consultation process will run for at least eight weeks. A bill will follow and there are plans to introduce this in August.

It will be referred to a committee to undertake a parliamentary inquiry, which would take at least three months.

Mr Rattenbury said there was careful detail to be worked on around different models and approaches, saying he would like the ACT to adopt the most advanced model.

"We are very keen in the ACT to move this legislation forward," he said.

"We can look to what other jurisdictions have done, look to pick the best out of each of those models and come up with the most advanced model here in the ACT."

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

But this was met with some apprehension from Ms Lee who said the ACT should not adopt the most relaxed model.

She said while she supported voluntary assisted dying she would not necessarily support legislation if she felt it did not have appropriate safeguards.

"When I say I support voluntary assisted dying, what I mean by that is I support the notion that every single person should determine the way they wish to end their life, free from undue influence," Ms Lee said.

"That is definitely not a blank cheque and that is why we will be making sure that we keep a very close eye on the safeguards on the model being proposed.

"What we're looking for is the best model not the one that's going to be the most easily accessed."

The Opposition Leader said she wanted to ensure the process was not rushed and the views of the community were respected.

The Catholic church has already said it will campaign against legislation and will make its position clear throughout the consultation process.

Archdiocese of Canberra and Goulburn Archbishop Christopher Prowse expressed disappointment at the Senate vote, saying it enabled "a further erosion of the protections owed to those who are in precarious circumstances".

He said the church would campaign against voluntary assisted dying laws in the territory.

"In whatever processes for consultation are adopted, the Catholic Archdiocese will stand with those who seek to promote life and to stand with those who are most vulnerable and in need in our community," Archbishop Prowse said.

"In particular we will highlight the ACT government's failure to adequately fund palliative care in the territory."

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.

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: Ms 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 was available.

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