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The ''Rights of the Terminally Ill Act 1995'' (NT)Rights of the Terminally Ill Act 1995 (NT)
/ref> was a
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
legalising
euthanasia Euthanasia (from : + ) is the practice of intentionally ending life to eliminate pain and suffering. Different countries have different Legality of euthanasia, euthanasia laws. The British House of Lords Select committee (United Kingdom), se ...
in the
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
of
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, which was passed by the territory's Legislative Assembly in 1995. The Act was passed by the
Northern Territory Legislative Assembly The Legislative Assembly of the Northern Territory (also known as the Parliament of the Northern Territory) is the unicameral legislature of Australia’s Northern Territory. The Legislative Assembly has 25 members, each elected in single-member ...
on 25 May 1995 by a vote of 15 to 10, received the Administrator's assent on 16 June 1995, and entered into force on 1 July 1996. A year later, a repeal bill was brought before the Northern Territory Parliament in August 1996, but was defeated by 14 votes to 11. The effect of the law was nullified in 1997 by the federal
Parliament of Australia The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (repr ...
which passed the ''
Euthanasia Laws Act 1997 The ''Euthanasia Laws Act 1997'' (Cth) was an Act of the Parliament of Australia to amend the '' Northern Territory (Self-Government) Act 1978'', the ''Australian Capital Territory (Self-Government) Act 1988'' and the '' Norfolk Island Act 19 ...
''. The Act continues on the Territory's statute books, however this was repealed in December 2022 with the passing of Restoring Territory Rights Act. Dr
Philip Nitschke Philip Haig Nitschke (; born 8 August 1947) is an Australian humanist, author, former physician, and founder and director of the pro-euthanasia group Exit International. He campaigned successfully to have a legal euthanasia law passed in Austral ...
founded
Exit International Exit International is an international non-profit organisation advocating legalisation of voluntary euthanasia and assisted suicide. It was previously known as the ''Voluntary Euthanasia Research Foundation'' (VERF Inc.). Exit International w ...
in response to the overturning of the Act. While voluntary euthanasia had previously been condoned officially in the Netherlands and the US state of Oregon, the act was the first time that a legislative assembly passed a law explicitly legalising euthanasia.


Provisions of Act

The Act allowed a terminally ill patient to end their life with medical assistance, either by the direct involvement of a physician or by procurement of drugs. The Act set out a somewhat lengthy application process, designed to ensure that a patient was both mentally competent to make the decision and in fact terminally ill. Under the Act: * a patient had to be over 18 and be mentally and physically competent to request their own death, * the request had to be supported by three doctors, including a specialist who confirmed that the patient was terminally ill and a psychiatrist who certified that the patient was not suffering from treatable depression, * once the paperwork was complete, a nine-day "cooling-off period" was required before the death could proceed. Those who assist in the ending of a person's life under the Act were immune from prosecution or other legal consequences if acting in good faith. (Sections 16 and 20). Euthanasia was legalised in
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
's
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
, by the ''Rights of the Terminally Ill Act 1995''. It passed the
Northern Territory Legislative Assembly The Legislative Assembly of the Northern Territory (also known as the Parliament of the Northern Territory) is the unicameral legislature of Australia’s Northern Territory. The Legislative Assembly has 25 members, each elected in single-member ...
by a vote of 15 to 10. In August 1996 a repeal bill was brought before the Parliament but was defeated by 14 votes to 11. The law was later voided by the federal ''
Euthanasia Laws Act 1997 The ''Euthanasia Laws Act 1997'' (Cth) was an Act of the Parliament of Australia to amend the '' Northern Territory (Self-Government) Act 1978'', the ''Australian Capital Territory (Self-Government) Act 1988'' and the '' Norfolk Island Act 19 ...
'', which is a federal law that was in effect until 13 December 2022 and prevented parliaments of territories (Specifically the Northern Territory, the
Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, an ...
and
Norfolk Island Norfolk Island ( , ; ) is an States and territories of Australia, external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head, New South Wales, Evans Head and a ...
) from legalising euthanasia or assisted dying. Before the federal override occurred, three people died through physician
assisted suicide Assisted suicide, sometimes restricted to the context of physician-assisted suicide (PAS), is the process by which a person, with the help of others, takes actions to end their life. Once it is determined that the person's situation qualifie ...
under the legislation, aided by Dr
Philip Nitschke Philip Haig Nitschke (; born 8 August 1947) is an Australian humanist, author, former physician, and founder and director of the pro-euthanasia group Exit International. He campaigned successfully to have a legal euthanasia law passed in Austral ...
. The first person was a carpenter, Bob Dent, who died on 22 September 1996.


Reaction to Act

The passage of the Bill—one of the first of its kind in the world—provoked a furor in Australia, and indeed in much of the rest of the world. The Act received both widespread support from "death with dignity" and
right to die The right to die is a concept rooted in the belief that individuals have the Self-ownership, autonomy to make fundamental decisions about their own lives, including the choice to Suicide, end them or undergo voluntary euthanasia, central to the b ...
groups who saw it as a model to be followed elsewhere, and widespread condemnation from euthanasia opponents, such as
right to life The right to life is the belief that a human (or other animal) has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some ...
groups, who sought to overturn it. Opponents also included the
Australian Medical Association The Australian Medical Association (AMA) is an independent professional association for Australian physician, doctors and medical school#Medical students, medical students. The association is not a government authority and does not regulate or ...
, and the Bishop of Darwin,
Edmund John Patrick Collins Edmund John Patrick Collins was the Roman Catholic Bishop of Darwin, Australia, from 1986 to 2007. Early life Collins was born in Braidwood, New South Wales in 1931, the youngest of five children in an Irish-Catholic family, and grew up in B ...
.


Use of Act

While the law was in effect, four people undertook euthanasia through its provisions. The first was carpenter Bob Dent, 66, who died on 22 September 1996. Dent was a
prostate cancer Prostate cancer is the neoplasm, uncontrolled growth of cells in the prostate, a gland in the male reproductive system below the bladder. Abnormal growth of the prostate tissue is usually detected through Screening (medicine), screening tests, ...
sufferer who became Australia's first person to lawfully end his life by means of physician assisted suicide. Dent, who had been suffering from prostate cancer for five years in what he called "a rollercoaster of pain", left an open letter when he died that stated: "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." He died with the help of Dr
Philip Nitschke Philip Haig Nitschke (; born 8 August 1947) is an Australian humanist, author, former physician, and founder and director of the pro-euthanasia group Exit International. He campaigned successfully to have a legal euthanasia law passed in Austral ...
. The law applied to non-residents of the Northern Territory as well, and one non-resident did take advantage of the law. A resident of South Australia, Janet Mills, 52, came to Darwin in December 1996. She had suffered for some 10 years from a rare disease known as
mycosis fungoides Mycosis fungoides, also known as Alibert-Bazin syndrome or granuloma fungoides, is the most common form of cutaneous T-cell lymphoma. It generally affects the skin, but may progress internally over time. Symptoms include rash, tumors, skin lesio ...
. She used Nitschke's device to take her life on 2 January 1997. In addition, an anonymous 69-year-old male cancer patient used the law and Nitschke's device to die on 22 January 1997. A further two people had received approval to use the law when the law was nullified; a proposed amendment to the ''Voluntary Euthanasia Laws Bill'' allowing them to proceed did not pass.


Overturning of the Act

While some people in the Northern Territory were unhappy with the Act and campaigned for its repeal, the Northern Territory legislature was unwavering in its support. Views in the rest of Australia were much less supportive, however, and opponents began demanding that the
federal parliament The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the monarch of Australia (represented by the governor ...
overturn the law, which it had the power to do since the Northern Territory does not have the same standing in Australian jurisprudence as the states. The federal parliament could not have overturned an identical state law, since the states are sovereign entities possessing legislative power in their own right. However, self-governing territories like the Northern Territory derive their power by way of a grant from the federal parliament. Consequently, the federal parliament retains the right to legislate for the territory, including the right to territory laws. In practice, it very rarely exercised that right. On 25 March 1997, the federal parliament passed the ''
Euthanasia Laws Act 1997 The ''Euthanasia Laws Act 1997'' (Cth) was an Act of the Parliament of Australia to amend the '' Northern Territory (Self-Government) Act 1978'', the ''Australian Capital Territory (Self-Government) Act 1988'' and the '' Norfolk Island Act 19 ...
'', which, although not technically repealing the ''Rights of the Terminally Ill Act'', for all practical purposes rendered it of no legal effect. Rather than repeal the Act directly, the law instead amended the ''
Northern Territory (Self-Government) Act 1978 The ''Northern Territory (Self-Government) Act 1978'' is an Act of the Parliament of Australia that granted limited self-government to the Northern Territory. Although Australian territories can not have Constitutions, the self-government act f ...
'', the act under which the Commonwealth Parliament has delegated legislative power to the Northern Territory Parliament—effectively the territory's "constitution" or "charter"—removing the Territory's constitutional power to pass any law permitting euthanasia. The Act technically remains in force in the Territory, but has been essentially made null and void and has no legal effect. Although passed as a reaction to the situation in the Northern Territory, the ''Euthanasia Laws Act 1997'' made similar amendments with respect to Australia's two other self-governing territories, the
Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, an ...
and
Norfolk Island Norfolk Island ( , ; ) is an States and territories of Australia, external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head, New South Wales, Evans Head and a ...
, also preventing them from passing a law permitting euthanasia. The ''Euthanasia Laws Act 1997'' has no effect on the power of an Australian state to pass any law permitting euthanasia.


Current status

Following the passage of the ''Euthanasia Laws Act 1997'', several attempts were made to repeal the Act in the federal Parliament. On 1 December 2022, the ''Restoring Territory Rights Act 2022'' was passed, repealing the 1997 Act and returning power to the parliament of the Northern Territory and other self-governing territories to legislate euthanasia laws. In September 2023, Northern Territory chief minister
Natasha Fyles Natasha Kate Fyles (born 26 May 1978)Natasha Fyles
''Territory Women'', Northern Te ...
formed a panel to take public inquiries regarding euthanasia laws. The panel reported its findings in July 2024.


See also

*
Euthanasia device A euthanasia device is a machine engineered to allow an individual to die quickly with minimal pain. The most common devices are those designed to help terminally ill people die by voluntary euthanasia or assisted suicide without prolonged pain. ...


References

{{reflist


External links


Northern Territory site on the Act
- Contains links to parliamentary debates surrounding the Act as well as full texts of the Act and its nullification. 1995 in Australian law 1997 in Australian law Euthanasia in Australia Death in the Northern Territory Northern Territory legislation Euthanasia legislation 1990s in the Northern Territory