Chief Minister says no to removing VAD doctor gag clause, 12-month prognosis timeframe | NT Independent

Chief Minister says no to removing VAD doctor gag clause, 12-month prognosis timeframe

by | Aug 24, 2026 | News, NT Politics | 5 comments

Chief Minister Lia Finocchiaro has shot back at members of her own party, vowing not to support proposed reforms to the Rights of the Terminally Ill Bill that would see the doctor “gag clause” and the 12-month terminal prognosis conditions removed, while guaranteeing her legislation will pass this week in Parliament.

The two conditions, which Attorney-General Marie-Clare Boothby and Ms Finocchiaro inserted into the legislation without explanation against the recommendations of the government’s own report into the matter, have become lightning rods of dissent with CLP branches, backbenchers and former MLAs all calling for their removal, as well as the Australia Medical Association, which called on the Chief Minister Monday to “listen…to the people of the Northern Territory”.

“Territorians deserve compassionate end-of-life choices, and our doctors need a legislative framework that empowers them to provide the best possible care without undue interference,” said AMA NT president Dr John Zorbas.

“The ‘gag clause’ fundamentally undermines the doctor-patient relationship. Legislating what a doctor can and cannot discuss when a patient is facing the end of their life is an unacceptable intrusion into clinical practice.”

Dr Zorbas added the 12-month terminal prognosis requirement, that would only allow patients to receive voluntary assisted dying services if they have been given a prognosis of death within 12 months, was “clinically arbitrary and effectively unworkable in many medical scenarios”.

It was revealed last week that the Trower and Darwin North CLP branches wrote a letter to Ms Finocchiaro, all elected CLP members and all other branch executives across the NT, citing their concerns the bill as introduced has “unintended consequences and may prevent competent, terminally ill Territorians from making an informed end-of-life decision”, calling for the two clauses to be removed.

Former deputy chief minister Barry Coulter added his name to the growing list of CLP members calling for the removal of the conditions, telling the NT News Monday that Ms Finocchiaro’s insertion of the clauses was “nonsense” and against best-practice.

But Ms Finocchiaro said she would not support proposed amendments that backbenchers Tanzil Rahman and Laurie Zio pledged last week to introduce that would see the two controversial conditions struck from the bill.

“We’ve been really clear,” Ms Finocchiaro said on Mix 104.9 Monday morning, claiming the two conditions inserted into the bill are “consistent with every other state in Australia”.

“The Rights of the Terminally Ill legislation [includes] safeguards and it is drafted in a way that is patient-led. So, once a patient suggests it or asks for it, then all of the information will be provided to them.”

However, Victoria scrapped its doctor gag clause and NSW, Queensland, WA and Tasmania do not enforce prohibitions on doctors discussing VAD services.

Ms Finocchiaro added she was not concerned about the party turmoil over the issue or losing political support from party members and backbenchers for pursuing the conditions against their wishes.

“No, because you know, as we like to say, it’s a broad church and ultimately there are many people who absolutely agree with what they’re saying – what we’re saying – and because that’s the case, you’re not hearing from them out publicly in the media,” she said.

“I won’t be supporting the amendments. But we’ve made it very clear that this is a bill that puts the rights of people to lead this process first. It has appropriate levels of safeguards.

“It will 100 per cent pass the Parliament this week. I have guaranteed that.”

Ms Finocchiaro has never explained why the two conditions were inserted into the bill and on whose advice or insistence.

The Australian Christian Lobby has organised a rally at Parliament House Monday from 5pm to oppose the introduction of the bill.

The bill will be debated in Parliament Tuesday, with a conscience vote scheduled to pass the legislation. Labor has also pledged to introduce amendments scrapping the two conditions.

A conscience vote means MLAs are not bound to vote along party lines, although Ms Finocchiaro appears to be making the current bill about her leadership by suggesting she will not support the amendments and insisting the bill pass as currently drafted.

A majority of the now 24 MLAs would be needed to pass the proposed amendments before the vote to pass the bill.

If the bill passes, VAD services will still not be available in the Northern Territory for between 12 to 18 months, the government has previously said.

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5 Comments

  1. Ridiculous, so its a VAD bill when you don’t have a VAD bill.

    A CLP failure in other words.

  2. Lia should watch last week’s episode of Australian Story. If she could only possibly climb down off her high horse. Who does she think will be accessing these services?

  3. “listen…to the people of the Northern Territory”.
    Just shows how hopeless this mob is in running the country .
    No better than the last lot.

  4. Surprised how many people want the Doctor deaths to have a say.

  5. Why not develop and implement a VAD policy based on
    what the community wants informed by expert medical opinion. Will the recalcitrant CLP MLAs wimp out under pressure from the Chief Minster and Attorney-General?

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