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COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES SENATE Official Committee Hansard LEGAL AND CONSITUTIONAL LEGISLATION COMMITTEE Reference: Euthanasia Laws Bill 1996 FRIDAY, 24 JANUARY 1997 BY AUTHORITY OF THE SENATE CANBERRA 1997 Friday, 24 January 1997 SENATE—Legislation L&C 1 SENATE Friday, 24 January 1997 LEGAL AND CONSTITUTIONAL LEGISLATION COMMITTEE Portfolios: Attorney-General; Immigration and Multicultural Affairs Members: Senator Ellison (Chair), Senators Abetz, Bolkus, Bourne, McKiernan and O’Chee Substitute member: Senator McGauran to substitute for Senator O’Chee for the consideration of the committee’s inquiry into the Euthanasia Laws Bill 1996 on Friday, 24 January 1997 Participating members: Senators Brown, Bob Collins, Colston, Coonan, Cooney, Ferris, Harradine, Margetts, McGauran, Minchin, Neal and Tambling Senator Woodley and all Opposition senators not currently members of the committee, for the consideration of the committee’s inquiry into the Euthanasia Laws Bill 1996 The committee met at 8.38 a.m., in Darwin. Matter referred by the Senate: Euthanasia Laws Bill 1996 CHAIR—I call the committee to order and welcome all of you to this hearing. On 7 November 1996, the Senate referred the Euthanasia Laws Bill 1996 to the Senate Legal and Constitutional Legislation Committee for inquiry and report by 24 February 1997. The committee will examine the provisions of the bill and in particular the desirability of the enactment of the provisions, the constitutional implication for the territories of the enactment of those provisions, the impact of the enactment of the provisions on the Northern Territory criminal code and the impact and attitudes of the Aboriginal communities. This is the first hearing on these matters, and other hearings are listed for the 7, 13 and 14 February 1997. Today the committee will hear evidence from several organisations and individuals that are listed on the agenda. Copies of the agenda and submissions to be heard today are available from the side table. The committee also attended an open forum, which was held here last night and which was hosted by Senator Tambling and Senator Bob Collins from the Northern Territory. I wish to place on record the committee’s gratitude to both Senator Bob Collins and Senator Tambling for the opportunity to attend that forum. It was a most useful exercise. Resolved: That the committee receive the Hansard of the meeting of the open forum into evidence. [The transcript of the forum proceedings appears at the end of today’s proceedings.] It should be noted that proceedings and submissions which are received as evidence are protected by parliamentary privilege. Parliamentary privilege confers special rights and immunities in order for senators and others to discharge the functions of the parliament. Pursuant to a resolution of the committee, submissions to the inquiry have been received and made public. Some submissions, or the names of submitters, have been treated confidentially and these will not be made public. It should also be noted that the committee prefers all evidence to be given in public, but should a witness at any stage wish to give LEGAL AND CONSTITUTIONAL L&C 2 SENATE—Legislation Friday, 24 January 1997 evidence, part of that evidence or answers to specific questions in private, he or she may apply to do so and the committee will consider that request. If evidence is taken in camera, witnesses are reminded that the committee or the Senate could still order the publication of such evidence. But in that event the witness would be notified of that decision. Finally, the committee has authorised the recording and re- broadcasting of these public proceedings in accordance with the rules contained in the order of the Senate dated 23 August 1990. Before calling the witnesses, there are three housekeeping matters I need to address. Firstly, I would like to place on record the committee’s determination to consider the cogency of the arguments presented during the inquiry as dispassionately as possible. Secondly, there has been some press speculation about the committee’s reporting date of 24 February this year. Let me state that, as chair of the committee, I have monitored the progress of the inquiry thus far and at the moment can see no reason why the reporting date of 24 February cannot be realised. It is early days, but at the moment the inquiry is on schedule. Thirdly, I have been asked several times by the media for a statistical breakdown of the views expressed in the 12,000- plus submissions received as evidence. The secretariat is completing the processing of these submissions next week, and as soon as this has been completed I will seek the approval of the committee to release relevant information. I would record my view that the number of submissions for and against should not be used as some straw pole on the legislation. Rather, it is the persuasive and compelling arguments contained in those documents that should determine our view on the merits of the legislation. It should and, as far as I am concerned, will be based on the persuasive and compelling arguments made in those documents. Finally, I wish to record my appreciation of the secretariat support staff and temporary staff—Mr Neil Bessell, secretary of the committee, Mr Stephen Bull, Jacquie Hawkins, Della McCay, Julie Hunter, Debbie McMahon, Joy Brogan, Lara Crew and John McAvoy—for their tireless efforts over the Christmas-New Year break when they processed the record breaking number of submissions. Before calling the first witnesses, I should also extend the committees gratitude to the Northern Territory parliament and its officers for their assistance, cooperation and hospitality. BURKE, Mr Denis Gabriel, Member of the Legislative Assembly, GPO Box 3146, Darwin, Northern Territory 0801 HENDY, Dr Shirley, Chief Health Officer, Northern Territory Government, PO Box 40596, Casuarina, Northern Territory 0811 NICHOLSON, Mr Graham Richard, Senior Crown Counsel, Attorney-General’s Department, GPO Box 1722, Darwin, Northern Territory 0801 PAULING, Mr Thomas Ian, Solicitor-General for the Northern Territory, Attorney- General’s Department, GPO Box 1722, Darwin, Northern Territory 0801 REED, Mr Michael Anthony, Member of the Legislative Assembly, GPO Box 3146, Darwin, Northern Territory 0801 STONE, Mr Shane Leslie, Chief Minister, Northern Territory Government, GPO Box 3146, Darwin, Northern Territory 0801 CHAIR—I welcome the Chief Minister of the Northern Territory, the Hon. Shane Stone, and officers of the Northern Territory government. The committee has received the submission of the Northern Territory government and, in accordance with the resolution, the committee LEGAL AND CONSTITUTIONAL Friday, 24 January 1997 SENATE—Legislation L&C 3 has made it public. Departmental officers should note that they will not be required to answer questions which seek opinions on matters of policy, reasons for policy decisions or advice they may have tendered in the formulation of policy. If necessary, the committee will allow officers reasonable opportunity to refer questions to superior officers or to a minister. I now invite the Hon. Shane Stone to make an opening statement. At the conclusion of your remarks, I will invite committee members to put questions to you. I would remind witnesses that we do have the written submission. If reference is made to that written submission, could it be done in point form rather than regurgitating or reading the submission, as we are on a strict time limit. Mr Stone—Thank you, Mr Chairman, and I might formally welcome the committee to the Northern Territory. I hope that you have a pleasant time while you are here. You have already had the opportunity to hear from territorians on this very difficult issue. It is a difficult issue. We hope that when you depart from here and return to the Senate you go away better informed across the arguments that have been put before you. Might I also thank the Senate for having gone down the path of establishing the terms of reference for your particular committee to look into this matter. You would be aware that the Northern Territory parliament very carefully considered this matter over a lengthy period and, indeed, established its own select committee to look into the issue. I should introduce the people who are with me here this morning. On my right is the Hon. Mike Reed, the Deputy Chief Minister, formerly Minister for Health, who has maintained an enduring interest in this legislation from the time that it was first foreshadowed. To my left is the Hon. Denis Burke, who is currently the Attorney-General and also the Minister for Health Services. Further to my left is Mr Tom Pauling QC, Solicitor-General for the Northern Territory and beside him is Mr Graham Nicholson, Senior Crown Counsel. To my right on the far right is Dr Shirley Hendy, who is the Chief Health Officer. Might I say by way of introduction that I do not propose to regurgitate the submission that has been put before you for the simple reason that it is my understanding that it is the view of members of the committee that a series of questions and answers would probably better serve the processes of this morning. Can I say this by way of introduction—it is to simply concentrate on one very important aspect and the main thrust of the Northern Territory government submission which has concerned itself with the constitutional and legal issues—if, in effect, the Andrews bill is carried through, then it will have the effect of taking away a power that was validly given to a self-governing territory and it would be unprecedented if that were to occur. This is quite different from other intervention by the Commonwealth parliament in times past and, although there have been attempts to draw particular analogies, this is a very unique case in point—the taking away of a power to legislate as was given under the self-government act, that process and power having been duly exercised after due consideration by the territory parliament and following all the processes of the Westminster system.
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