Northern Territory Member of the Legislative Assembly (MLA) Tanzil Rahman has announced his intention to introduce amendments to his own party’s proposed legislation for voluntary assisted dying (VAD). The bill, expected to pass, aims to legalise VAD in the Territory, making it the final Australian jurisdiction to do so. Mr Rahman plans to present his proposed changes during the current parliamentary sittings, seeking to align the legislation with what he describes as “best practice”.
Key Amendments to Voluntary Assisted Dying Bill
Tanzil Rahman, a government backbencher with the Country Liberal Party (CLP), confirmed he will put forward three amendments to the Rights of the Terminally Ill Bill. This legislation, introduced by Attorney-General Marie-Clare Boothby, is poised for passage in the NT parliament via a conscience vote, having secured majority support. The bill’s passage would mark a significant legal shift, as the Northern Territory is the last remaining Australian jurisdiction without legal VAD, following the federal government’s overturning of the Territory’s pioneering laws in 1997.
The original bill, as proposed, includes specific restrictions that Mr Rahman’s amendments aim to address:
- Prognosis Restriction: The bill currently limits access to VAD to individuals with a prognosis of 12 months or less to live. This is more restrictive than some existing VAD laws in other Australian states, which typically range from six to 12 months, with the Australian Capital Territory having no set timeframe.
- Initiation of Conversation: Healthcare professionals are barred from initiating discussions about VAD with patients under the current bill. This “gag clause” has recently been removed from VAD legislation in Victoria.
- Residential Facility Information: The bill does not explicitly prevent care facilities from withholding information about VAD from residents.
These proposed restrictions in the original bill run counter to the recommendations made in a parliamentary inquiry report tabled in October of the previous year, which was led by Dr Rahman himself.
Rationale Behind the Proposed Amendments
Dr Rahman articulated his motivation for proposing these amendments, stating they are driven by his belief in acting in the “best interest of Territorians, as a matter of conscience and consistent with best practice and scholarly evidence.” He believes his amendments will offer terminally ill individuals more direct access to information regarding VAD and greater autonomy in choosing this option when facing imminent death and suffering.
His proposed changes seek to:
- Remove the 12-month prognosis restriction, potentially broadening eligibility.
- Empower healthcare workers to initiate VAD conversations with patients they deem eligible, removing the “gag clause”.
- Ensure that residential care facilities cannot refuse to provide information about VAD to residents.
Mr Rahman expressed satisfaction with being part of a government that is advancing VAD legislation for the Northern Territory residents, particularly through a conscience vote that allows individual members to vote according to their personal beliefs.
Government and Advocacy Group Reactions
The Attorney-General, Marie-Clare Boothby, acknowledged the CLP’s commitment to the principle of freedom of conscience for its Members of the Legislative Assembly, allowing them to speak and vote according to their convictions and the needs of their communities.
The Council on the Ageing NT (COTA NT) has voiced support for Dr Rahman’s proposed amendments. Chief Executive Sue Shearer indicated that while COTA NT backs the amendments, their primary concern is the swift passage of VAD legislation without further delay. “Territorians have waited since 1997 for this,” Ms Shearer stated, emphasizing the long-standing desire for autonomy in end-of-life decisions. She added, “How we control the end of our life is up to us and nobody else.”
Ms Shearer also commented on the role of healthcare professionals, suggesting that while doctors may have conscientious objections to VAD, this should not impede their ability to inform patients about available choices. “When they’re dealing with a patient, they should be able to say at the end of this particular disease you have choices… that’s just the logical way to do it,” she explained.
Should Dr Rahman’s amendments not be successful, COTA NT hopes that the issues surrounding the prognosis limit and the gag clause will be addressed in a future review of the VAD laws, a review that the government has reportedly promised.
Background on Voluntary Assisted Dying in Australia
The journey towards legalising voluntary assisted dying across Australia has been a protracted one. Victoria was the first state to legalise VAD in 2017, with legislation taking effect in 2019. This was followed by Western Australia in 2021, Tasmania in 2022, and Queensland in 2023. South Australia passed its VAD laws in 2021, with the scheme set to commence in 2023, and New South Wales enacted its laws in 2022, with implementation expected in late 2023. The Northern Territory’s historical attempt in 1996-1997 was nullified by federal legislation, leaving it as the final jurisdiction to consider legalisation.
Conclusion
The proposed amendments by MLA Tanzil Rahman to the Rights of the Terminally Ill Bill represent a significant effort to enhance the accessibility and patient-centred nature of voluntary assisted dying in the Northern Territory. By seeking to remove restrictive timeframes and communication barriers, Mr Rahman aims to ensure the legislation aligns with international best practices and provides greater freedom and informed choice for terminally ill residents. The upcoming parliamentary sittings will be crucial in determining the final form of the Territory’s VAD laws, with support from advocacy groups like COTA NT highlighting the community’s long-standing desire for this option.
