X-Message-Number: 6791 Date: Thu, 22 Aug 1996 08:55:37 -0700 From: David Brandt-Erichsen <> Subject: Australia update The following is adapted from a report by Lynda Cracknell: The Northern Territory's voluntary euthanasia law has survived another challenge. A bill to repeal the Rights of the Terminally Ill Act in the Northern Territory Parliament was defeated at about 3:30 am August 22 by a vote of 14 to 11. Shane Stone, Chief Minister of the Northern Territory and a leading opponent of the original Act, upheld his promise and voted against repeal. Voters for the repeal included Mike Reid (Treasurer) and Denis Burke (Attorney General and Health Minister). The next challenge to the law is expected to occur when Kevin Andrews, a member of the national Australian Parliament, introduces a bill which is designed to negate the Northern Territory law. Andrews announced on radio August 22 that he would be introducing his bill into the Australian federal parliament on 9 September. His draft bill, which apparently is not publicly available, reportedly uses powers under the constitution to override the laws of Australian territories. It would nullify any present or future territory law which permitted the termination of life. Because the Northern Territory is not a sovereign state (like New South Wales or Victoria, for example) but a territory of the Commonwealth that has been granted conditional self-government, the Commonwealth Parliament retains the right to over-ride any legislation passed by the Northern Territory Parliament. This power has never been exercised during the past 18 years of self-government. Many people are suggesting that if the Andrews bill is passed, it would nullify not only the Rights of the Terminally Ill Act (which permits active voluntary euthanasia), but also the Natural Death Act of 1988 (passive voluntary euthanasia), and territory laws relating to abortion. The picture is further clouded by the fact that the Northern Territory is making a strong bid for Statehood. While this has the almost universal support of other Australian States, it is feared that federal government support may be conditional upon the territory accepting an exclusion of law-making power in respect to voluntary euthanasia. Otherwise any action taken by the federal parliament now to negate the Territory's existing voluntary euthanasia law would cease to have effect if the Territory becomes a State. The Northern Territory law went into effect July 1 and was upheld by the Northern Territory Supreme Court July 24, but remains unutilized. It is the first such law to go into effect anywhere in the world. <David Brandt-Erichsen> Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=6791