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Euthanasia, or 'voluntary assisted dying', has been a contentious issue in Australia for decades. While the country's sparsely populated Northern Territory became the first jurisdiction in the world to legalise euthanasia in 1995, the Australian Parliament overturned the law two years later. This set a precedent for euthanasia legislation in Australia, with the Federal Parliament holding the power to override any law passed by a territory parliament. Despite numerous attempts to repeal the ban, euthanasia remains unlawful in the Northern Territory, and the Australian Capital Territory (ACT). However, as of June 2024, all Australian states have passed legislation enabling eligible individuals to access voluntary assisted dying schemes. The varying approaches to euthanasia legislation across Australia's states and territories have sparked ongoing debates about the rights of terminally ill individuals and the role of the government in regulating end-of-life choices.
| Characteristics | Values |
|---|---|
| Federal Parliament's power | The Federal Parliament has the power to override any law passed by a territory parliament |
| Federal law | The Euthanasia Laws Act 1997, a federal law, prevents parliaments of territories from legalising euthanasia or assisted dying |
| State parliaments | Euthanasia is a matter for state parliaments |
| Northern Territory | The Northern Territory was the first place in the world to legalise voluntary euthanasia in 1995, but the law was overturned two years later |
| Assisted suicide | Assisted suicide remains banned in the Northern Territory, making it one of the last parts of Australia where it is illegal |
| Legislation | Nine bills have been introduced to parliament to repeal the ban, but none have come to a vote |
| Bills | 29 bills have been presented in Australian parliaments to legalise voluntary euthanasia or physician-assisted dying |
| Voluntary assisted dying | This term is commonly used in Australia to refer to practices of euthanasia and assisted suicide |
| State laws | All states have passed legislation creating a voluntary assisted dying scheme for eligible individuals |
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What You'll Learn
Euthanasia was banned by Federal Parliament in 1997
Euthanasia was banned by Federal Parliament in Australia in 1997 through the Euthanasia Laws Act 1997, which was 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 Act amended the Northern Territory (Self-Government) Act 1978, the Australian Capital Territory (Self-Government) Act 1988, and the Norfolk Island Act 1979. These amendments explicitly prevented the territories' parliaments from legalising euthanasia or assisted suicide.
The Euthanasia Laws Act 1997 was enacted in response to the Northern Territory's Rights of the Terminally Ill Act 1995, which had legalised euthanasia in the territory. The Federal Parliament, under Section 122 of the Constitution of Australia, has the power to override any law passed by a territory parliament. This power was exercised in 1997 to ban euthanasia at the territorial level, despite the states typically holding the power to legislate for euthanasia.
The ban on euthanasia in Australia's territories remained in effect for over two decades, even as public opinion and state-level legislation evolved. During this period, there were several attempts to repeal the Euthanasia Laws Act 1997. Nine bills were introduced in parliament to repeal the legislation, but none progressed to a vote in either chamber.
In 2018, there was a significant development when Senator David Leyonhjelm of the Liberal Democratic Party (now the Libertarian Party) reintroduced a bill to remove the federal ban on the Australian Capital Territory (ACT) and Northern Territory legislating for euthanasia. This bill received priority in the Senate due to political negotiations. While it resulted in a conscience vote in the parliament, it did not lead to a repeal of the Euthanasia Laws Act at that time.
It was not until December 2022 that the federal ban on territory-based euthanasia legislation was finally repealed through the Restoring Territory Rights Act 2022. This repeal empowered territories to develop their own voluntary assisted dying frameworks, marking a significant shift in Australia's euthanasia laws and ending the ban enacted by the Federal Parliament in 1997.
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Northern Territory was the first to legalise euthanasia in 1995
Euthanasia, or assisted suicide, in Australia is a matter for state and territory governments. In 1995, the Northern Territory (NT) became the first place in the world to legalise voluntary euthanasia. This was made possible by the Rights of the Terminally Ill Act 1995, which was passed by the Northern Territory Legislative Assembly by a vote of 15 to 10. The Act was a private bill put forward by then-chief minister Marshall Perron, and it came into effect in 1996.
During the nine months that voluntary euthanasia was legal in the Northern Territory, four terminally ill people used it to end their lives: one Territorian and three others who travelled to the NT for this purpose. The first person to do so was a 66-year-old carpenter named Bob Dent, who suffered from prostate cancer for five years and described his experience as "a rollercoaster of pain". He died on 22 September 1996, with the help of Dr Philip Nitschke. Dent left an open letter upon his death, stating:
> "If I were to keep a pet animal in the same condition I am in, I would be prosecuted. If you disagree with voluntary euthanasia, then don't use it, but don't deny the right to me to use it."
However, in 1996, federal Liberal MP Kevin Andrews put forward a different bill—the Euthanasia Laws Act 1997—which passed the Federal Parliament and overrode the Northern Territory's right to legalise euthanasia. This law amended the Northern Territory (Self-Government) Act 1978, effectively removing the Territory's power to pass any law permitting euthanasia. The Federal Parliament has the power to override any law passed by a territory parliament under Section 122 of the Constitution of Australia.
There have been several movements since then to allow the Northern Territory to regain control of its euthanasia laws. The Northern Territory government has announced the formation of a community consultation process to develop a framework for voluntary assisted dying. Despite these efforts, voluntary euthanasia and assisted dying remain unlawful in the Northern Territory as of June 2024.
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Bans on pro-euthanasia TV ads
Euthanasia, or assisted suicide, in Australia is a matter for state and territory governments. While some states have passed legislation creating an assisted suicide and euthanasia scheme, the practice is currently unlawful in the Northern Territory due to a federal ban. This ban was introduced in 1997 by the Federal Parliament, which has the power to override any law passed by a territory parliament.
In 2010, the voluntary euthanasia group Exit International attempted to broadcast a pro-euthanasia TV advertisement. The ad featured a gaunt-looking actor reflecting on his life and his terminal illness, urging the government to listen to those who wanted to die with dignity. The ad was banned by broadcasting regulators on the grounds that it promoted suicide, which is illegal in Australia.
Exit International argued that the ban violated their right to free speech and said they would legally challenge the decision. They also stated that it was time to relaunch the debate around the right to die, especially since the Northern Territory had introduced a voluntary euthanasia law in 1996, which was later overturned by federal authorities.
The withdrawn approval for the ad caused a hurdle for Exit International, as they had already invested around $50,000 in the campaign. The group's director, Dr Philip Nitschke, expressed his intention to bring the campaign to a new generation of Australians and relaunch a new version of the ad. Despite these efforts, the ad was not aired, and the group was fined $7500 by the Australian Communications and Media Authority for promoting suicide.
The attempted broadcast of the pro-euthanasia ad by Exit International sparked a discussion around the legality and ethics of euthanasia in Australia. It brought attention to the differing opinions and legislation across states and territories, as well as the federal government's role in overriding territory laws. The incident highlighted the ongoing debate and the complexities surrounding euthanasia in Australia.
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Assisted suicide convictions
Assisted suicide, or voluntary euthanasia, has been a contentious issue in Australia for decades. While the power to legislate for euthanasia is held by the states, under Section 122 of the Constitution of Australia, the Federal Parliament can override any law passed by a territory parliament. This dynamic has resulted in a complex legal landscape for euthanasia in Australia, with convictions for assisted suicide varying across jurisdictions.
In 1996, the Northern Territory became the first jurisdiction in the world to legalise voluntary euthanasia. However, in 1997, the Federal Parliament passed the Euthanasia Laws Act, explicitly preventing the Northern Territory Parliament and the Australian Capital Territory (ACT) Legislative Assembly from legislating to allow euthanasia or assisted suicide. This federal law remained in effect until December 2022. During this period, several attempts were made to repeal the federal ban, with nine bills introduced to parliament, but none succeeded.
Despite the federal ban, there have been instances of assisted suicide convictions in Australia. In 2011, the Supreme Court of New South Wales sentenced a 66-year-old man to two years, suspended, for facilitating the death of his long-term 78-year-old partner. The man was convicted of manslaughter, taking into account his substantial impairment and his voluntary revelation of involvement. In another case, a man named O assisted his wife, who suffered from motor neurone disease, to commit suicide in 2019. Although O was charged with aiding suicide, the charge was eventually withdrawn, considering the circumstances of love and compassion and the potential harsh consequences of a conviction.
In December 2022, the Australian Parliament passed laws allowing the Northern Territory and the ACT to legislate on voluntary assisted dying (VAD). By June 2024, all states and the ACT had passed legislation creating VAD schemes, with the laws typically referring to the practice as "voluntary assisted dying" rather than "suicide". VAD schemes have been implemented in Victoria, Western Australia, Tasmania, Queensland, South Australia, and New South Wales. The ACT's VAD scheme will come into effect in November 2025, while the Northern Territory has not yet legalised VAD, and a person assisting another's death may be charged with murder, manslaughter, or assisting suicide.
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Repeal attempts in 2008, 2010, 2018
Euthanasia was legalised in Australia's Northern Territory in 1995 by the Rights of the Terminally Ill Act. However, in 1997, the Federal Parliament passed the Euthanasia Laws Act, which prevented the Northern Territory Parliament and the Australian Capital Territory (ACT) Legislative Assembly from legalising euthanasia or assisted suicide. This federal law was in effect until December 2022.
In the 20 years following the enactment of the Euthanasia Laws Act, there were nine bills introduced in parliament to repeal the legislation. In 2018, the Liberal Democratic Party Senator, David Leyonhjelm, reintroduced a bill to remove the federal ban on the ACT and Northern Territory legislating for euthanasia. This bill was prioritised in the Senate after Leyonhjelm secured the Turnbull government's agreement for a conscience vote. The Liberal/National government, opposition Labor Party, and several minor party crossbenchers held a conscience vote on the legislation.
Exit International made TV ads arguing for voluntary euthanasia in 2010, but these were banned before they could be broadcast.
In 2008, a repeal bill was brought before the Parliament but was defeated by 14 votes to 11.
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Frequently asked questions
Euthanasia was banned in Australia through the Euthanasia Laws Act 1997, which prevented parliaments of territories from legalising euthanasia or assisted dying.
The Euthanasia Laws Act 1997 was a federal law that 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.
One argument for banning euthanasia in Australia was that it would protect vulnerable people from coercion and abuse. There were also concerns about the potential for euthanasia to be misused or abused.
Those against the ban argued that it was an infringement on individual freedom and autonomy. They also argued that euthanasia could provide a humane and dignified death for those suffering from terminal illnesses or chronic pain.
