Campaigning for the restitution of Territory freedoms 1997 to 2026

31 Aug 2026

Reflection by Sue Shearer, CEO of COTA NT on the advocacy to restore voluntary assisted dying (VAD) legislation in the Northern Territory

Most people know that the Northern Territory was the first jurisdiction in the world to pass
a bill called the Rights of the Terminally Ill 1995.

In 1997, legislation — introduced by Federal Government — stopped
the NT’s Rights of the Terminally Ill Act from operating.

As of 27 August 2026, the Northern Territory Parliament passed the Rights of the Terminally Ill Bill 2026.

Marshall Perron, National Press Club 1996

The story of this legislative vacuum begins with Marshall Perron who served as the Northern Territory’s Chief Minister between 14 July 1988 and 15 September 1995^[1], leading the CLP Parliament of the time.

July 1996

Having witnessed the painful, lingering death of a family member, Perron was instrumental in devising the Rights of the Terminally Ill Bill, which was introduced to Parliament on 22 February 1995. He resigned as Chief Minister before the bill was debated to prevent the bill becoming a political football. The bill was passed on 25 May as the Rights of the Terminally Ill Bill 1995 and enacted into law on 1 July 1996.

March 1997

Just two months later, Liberal MP Kevin Andrews — with the assistance Labor MP Tony Burke, a long-time opponent of euthanasia^[2] — introduced a private member’s bill in Federal Government, Euthanasia Laws Bill 1996. It was designed specifically to override the NT’s Rights of the Terminally Ill Bill 1995. The bill was passed by Federal Parliament by 38 votes to 33 in March 1997. The resulting Euthanasia Laws Act 1997, “an unnecessary interference by the Commonwealth Parliament in the internal affairs of the properly elected Northern Territory NT government”^[3] remained in effect for 25 years.

1997 — 2022

Between 1997 and 2022, nine bills were introduced to the parliament to repeal Andrews’ legislation including Senator Bob Brown who introduced a federal private senator’s bill, the Rights of the Terminally Ill (Euthanasia Laws Repeal) Bill 2008 and Senator David Leyonhjelm’s Restoring Territory Rights (Assisted Suicide Legislation) Bill 2015.

Euthanasia Laws Act 1997 remained in effect even as other Australian jurisdictions passed their own versions of assisted dying legislation between 2017 and 2022.

2018

Turn to 2018 and the Northern Territory. Following overtures from COTA Members such as the Voluntary Euthanasia Society and Judy Dent, COTA NT contacted a past Clerk of the Legislative Assembly, Ian McNeil, to discuss how the organisation could advocate and lobby for VAD legislation to return to the Territory.

Various meetings were held and the history of the Rights of the Terminally Ill Bill 1995 was discussed. In 1995, it had been very controversial. The Vatican voiced its opposition through theologians and press statements and letters from opponents around the world were received condemning the Territory for preparing and passing the bill. COTA also contacted Phil Timby, who was involved in preparing the legal aspects of the bill in 1995. Questions were asked about re-enacting the original Rights of the Terminally Ill Bill, as it was never dissolved or repealed by the Northern Territory. Apparently, this could have been done had the Federal Parliament paused the law rather than stripped away the Northern Territory’s constitutional power.

In 2018, COTA Australia published its State of the Older National Report. It revealed that over 84% of those surveyed across the nation were in favour of assisted dying. (COTA Australia, 2018). COTA NT surveyed its own Territory Members and members of the public to investigate and see what they were most concerned about and asked their opinion on voluntary assisted dying. The results were overwhelmingly in favour of bringing VAD back to the Territory and so we went to work.

We were not alone in this.

2020 — 2022

In August 2020, the Federal Parliament MLA, Luke Gosling MP (Member for Solomon) had prepared a Restoring Territory Rights Bill with Labor MP Alicia Payne. This private member’s bill sat waiting to be presented for over two years.

In August 2021, COTA NT prepared a e-petition EN3052^[4] for the Federal Parliamentary Committee petitioning for the Territory’s right to enact laws dealing with voluntary assisted dying. In two months, the petition was signed by 707 people. The petition closed in September 2021. By March 2022, we had a response. Nola Marino MP stated, “Australian Government does not intend to introduce legislation to repeal the Euthanasia Laws Act 1997 (Cth) that inserted provisions preventing the Northern Territory from legislating to permit euthanasia. I note on 4 August 2021, Senator Sam McMahon introduced the Ensuring Northern Territory Rights Bill 2021^[5] into Parliament. This private members’ bill seeks to amend the Northern Territory Self Government Act to remove limits on the Northern Territory Legislative Assembly’s powers to make laws in relation to a range of matters, including voluntary assisted dying. The Bill is currently before the Senate.”

In the intervening months, however, COTA NT was busy lobbying Federal and local MLAs. COTA actually wrote to every sitting member, in the Senate and House of Representatives, the Attorney General and the Minister for North Australia (both wrote back to say they would not support the Restoring Territory Rights Bill). COTA NT’s print petition was tabled in Federal Parliament on 22 November 2021 by Luke Gosling MP.

The May 2022 federal election saw the Labour party achieve a majority government for the first time since 2007. In August, the Restoring Territory Rights Bill was passed in the House of Representatives by 99 to 37 votes. On 1 December 2022, the Senate also passed the bill.

This was a significant date for all of us and our work began.

2023 — 2024

In 2023, it was all systems go. COTA NT was invited to be a part of the 2023 Expert Panel on VAD by the Northern Territory Government to lead public consultation, review existing VAD models in Australia and lay the legal groundwork for subsequent legislation.

COTA NT would like to acknowledge the excellent work done by this panel. It included Chairs, Mrs Vicki O’Halloran AO CVO and Mr Duncan McConnel SC and professionals drawn from the Northern Territory’s clinical, legal, consumer, disability and Indigenous health sectors, Dr Kane Vellar, Dr Christine Sanderson, Dr Devaki Monani, Dr Geetanjali Lamba, Wendy Morton, Ursula Raymond and myself.

We conducted extensive public consultation across Darwin, Palmerston, Katherine, Alice Springs and in remote communities between August 2023 and May 2024. The process also included an online survey receiving 1396 responses, 98 written submissions, public forums, round tables and meetings with topic experts including 56 organisations.

The final report was presented to the NT government in July 2024. Before any of its 22 recommendations could be acted on, however, the NT Election was held and the CLP elected. Its priority was law and order — in one way understandable — but COTA was concerned that VAD would be put on the backburner. We lobbied for VAD to be put on the Parliamentary agenda as soon as possible with the Chief Minister responding that VAD would be a conscience vote in Parliament when the legislation was prepared and eventually presented.

2025 — 2026

COTA NT continued its lobbying efforts and in 2025, other advocates including Go Gentle Australia (GGA) and Northern Territory Voluntary Euthanasia Society (NTVES) led by President Judy Dent helped provide funds for a campaign of awareness and education. COTA NT even tried to place promotion on the back of buses in the NT… rejected as too ‘political’ in nature.

When Go Gentle Australia advised they could bring founder, VAD advocate Andrew Denton to Darwin, we settled on the International Day of Older Persons (Oct 2025) as an appropriate time. Andrew was our keynote speaker for two community information sessions, answering questions from the floor along with Dr Linda Swan, Go Gentle Australia’s CEO and Territorians who had experienced the pain and suffering of a loved one diagnosed with a terminal illness. These community information sessions were well attended. Andrew clearly spoke from the heart — like Marshall Perron, he had experienced the loss of a loved one. He had watched firsthand the pain and suffering his much-loved father endured in his final days. Suzanne James, Journalist and VAD advocate was also involved and offered support.

Weekly meetings were held with Marshall Perron, Go Gentle Australia, NTVES, Suzanne James and Ms Justine Davies MLA for Johnston, to discuss how to add weight to COTA NT’s lobbying and influence the NT Government on VAD.

Ms Suzanne James advised COTA that Peter Warren, Executive Director of the World Federation of Right to Die Societies was visiting Darwin and was available for an audience on VAD and to present about how legislation works internationally. COTA NT jumped on this opportunity and organised this event for April 2026.

At our community events including our Expos, COTA NT has provided community information and published presentation extracts, articles and letters relating to VAD in its Seniors Voice publication.

In May 2025, the Legal and Constitutional Affairs Committee (LCAC) were asked to undertake an inquiry into the Voluntary Assisted Dying in the Northern Territory – final report 2024 by the NTG Attorney-General. Dr Tanzil Raham chaired this inquiry. Once again, the inquiry found that Territorians want choice and control of how they end their lives, if they have a terminal illness. The CLP government started the process of writing the legislation in relation to the LCAC’s report and recommendations… and here we are.

27 August 2026

The Rights of the Terminally Ill Bill 2026 has been tabled in Parliament, debated and passed.

COTA NT listened to the MLAs’ presentations in Parliament and we congratulate them. Although they may, for various reasons, not personally support Rights of the Terminally Ill Bill 2026, they have voted with conscience. They have chosen to listen to their electorates and chosen to represent them. And we appreciate that this may have been a difficult decision.

Now the work continues. Ensuring people understand and are aware of the legislation; that its implementation is the best and most compassionate it can be — and crucially, for those who need it — that VAD services are available when the law is finally enacted in 18 months’ time. Only then will Territorians truly have the same end of life rights as all Australians.

However, an education campaign is needed to advise Territorians of all the clauses in the Act. COTA has already received phone calls requesting from members of the public wanting to use VAD now or asking where they can register for it. Territorians need to know exactly how this legislation will work.

I extend my special thanks to the COTA NT Board: Chair Jan Jewell, Mike Walker, Tony Hampton, John Whyte, Claire Bell, David Wilson, Steve Thomas, Norm Buchan and Paul Steward – who supported me in this work and my colleagues, Stephanie, Cecilia, Janet, Ken, Christina, Lorna, Kim and Anna.

As the saying goes – it takes a village.

Footnotes

[1] Perron served as a Country Liberal Party member of the Legislative Assembly in the Northern Territory from the formation of the Assembly in 1974 until his resignation in 1995. From 1975 to 1995, save for an 11-month break in 1986 and 1987, he served as a cabinet minister or its equivalent.
[2] The term “euthanasia” transitioned to “voluntary assisted dying” (VAD) to centre patient choice, remove negative historical stigmas and to accurately reflect strict legal safeguards. Euthanasia means a doctor administers a life-ending substance to a dying person – rather than the person taking it themselves. The word euthanasia carries negative historical connotations and is often associated with something that is done to a person without their consent. https://www.gogentleaustralia.org.au/faqs
[3]www.aph.gov.au/~/media/wopapub/senate/committee/legcon_ctte/completed_inquiries/2008_10/terminally_ill/submissions/sub442_pdf.ashx
[4] https://www.aph.gov.au/e-petitions/petition/EN3052
[5] Ensuring Northern Territory Rights Bill 2021 was examined by the Senate Legal and Constitutional Affairs Legislation Committee but was not supported by the Morrison government and it lapsed when the federal election was called in May 2022.