By Dr Robyn Smith
In her peculiar speech introducing the Rights of the Terminally Ill Bill 2026, at times Attorney-General Marie-Clare Boothby sounded more like a swashbuckling pirate than a minister of the crown.
Boothby implied that by introducing the legislation, she was gallantly repelling repressive dragons on two flanks: the Australian parliament; and her party’s political opponents in the Northern Territory.
Having a swipe at both, she said: “Then in 1997 the Commonwealth stepped in. They quashed the law and in the years that followed we saw little to no action on the issue from successive governments, two decades of which was a Territory Labor government.”
She claimed, without specificity, that: “For many years…devoted Country Liberal members…have fought to restore the rights of the terminally ill…”
And reached her crescendo with “…let me be very clear: the CLP is introducing this Bill, and in August the CLP will pass this Bill. After 30 long years, the Territory will not be left waiting any longer.
“With courage and compassion, the Territory led the world on these critical reforms. Now, under a CLP government, we are getting the job done and we are bringing the government, the parliament and the Territory together, as we do.”
One could have been forgiven for expecting those in the public galleries to burst into a rousing rendition of whatever Northern Territory anthem applied that week. Hers was loyal and xenophobic prose for sure, but not remotely representative of the bill’s antecedents.
What Boothby did on 23 July was introduce the bill as Government Business. In the history of euthanasia legislation relating to the Northern Territory, this was the first occasion on which it had been presented or opposed as a matter of government policy in any parliament.
When Marshall Perron introduced his legislation in 1995, he did so as a Private Member, stepping down as Chief Minister at the relevant time to enable deployment of that parliamentary device. There was no resounding CLP endorsement of it. In fact, the Legislative Assembly was evenly divided—and not along party lines.
Perron’s bill was introduced on 22 February 1995 and referred to a Select Committee on Euthanasia, which was to report by 16 May and comprised Loraine Braham, Richard Lim, Eric Poole, Maurice Rioli and Syd Stirling.
By 24 May 1995, the Committee had reported and the Assembly was preparing to debate the bill. Perron informed the Chamber that he would resign as Chief Minister on 26 May and as the Member for Fannie Bay on 29 May (the latter was not required for debate on or passage of the bill).
When the question that the bill be now read a second time was put, it succeeded by a single vote. Had the noes been greater, the bill would have been defeated and consigned to the annals of history.
Members, who exercised a conscience vote (meaning that they were not subject to the rigours of party discipline), cast their votes in the following manner:
In favour of the legislation: Mr Bailey (Wanguri), Mrs Braham (Braitling), Mr Coulter (Palmerston), Mr Ede (Stuart), Mr Finch (Leanyer), Mrs Hickey (Barkly), Mr Lanhupuy (Arnhem), Mr Manzie (Sanderson), Mr Mitchell (Millner), Mrs Padgham-Purich (Tiwi), Mr Perron (Fannie Bay), Mr Poole (Araluen), Mr Setter (Jingili).
Against the legislation: Mr Adamson (Casuarina), Mr Baldwin (Victoria River), Mr Bell (Macdonnell), Mr Burke (Brennan), Mr Hatton (Nightcliff), Dr Lim (Greatorex), Mr McCarthy (Goyder), Mr Palmer (Karama), Mr Reed (Katherine), Mr Rioli (Arafura), Mr Stirling (Nhulunbuy), Mr Stone (Port Darwin).
In no way can that 13-12 vote be construed or represented as partisan. This is how it was represented on party lines:
| Party | Members | For | Against |
| ALP | 7 | 4 | 3 |
| CLP | 18 | 9 | 9 |
READ: The dismissal: An NT parliamentary link
READ: Sex, lies and colonisation: Errol Flynn buys a girl for the price of two pigs and some seashells
Members then moved to consideration of the bill in detail. It was a marathon debate and dealt with all manner of proposed amendments, including the correction of typographical errors, definitions and clarification of matters such as palliative care, bribes or incentives offered to medical practitioners, the role of the coroner and procedures for interpreters.
When the question that the bill be read a third time was put, the Assembly again divided with a clearer result of 15 ayes to 10 noes. By the time the Assembly adjourned, it was 3.45am on 25 May 1995.
Shane Stone succeeded Marshall Perron as Chief Minister. The ALP’s Clare Martin succeeded him as Member for Fannie Bay in a by-election on 17 June.
The bill received Assent on 16 June and became law on 1 July 1995.
Legislation to overturn it under the provisions of the Northern Territory (Self-Government) Act in the federal parliament was a Private Member’s Bill sponsored by the Liberal Member for Menzies in Victoria, Kevin Andrews.
Andrews introduced his bill on 9 September 1996. It passed the House of Representatives with amendments on 9 December the same year. It sought to invalidate the Rights of the Terminally Ill Act and pre-emptively forbid the Australian Capital Territory Legislative Assembly and the Norfolk Island Legislative Assembly from making laws in respect of voluntary euthanasia.
The Senate referred the Andrews Bill to its Legal and Constitutional Affairs Committee, which was required to report by 6 March 1997. As I have noted elsewhere, that Committee made no recommendations because the legislation arose as a Private Member’s Bill and was subject to a conscience vote.
The Andrews legislation passed the Australian Parliament and became effective on 27 March 1997. Marshall Perron’s legislation had not yet turned two.
For the territories, many years passed before there was anything further although it ceased to be an issue for Norfolk Island because that territory’s Legislative Assembly was abolished on 17 June 2015.
In 2022 another Private Member’s Bill went before the House of Representatives. On this occasion, the Restoring Territory Rights Bill was co-sponsored by the ALP Member for Solomon, Luke Gosling, in the Northern Territory and the ALP Member for Canberra, Alicia Payne, in the ACT.
Their bill did not seek to reinstate Perron’s legislation, but it did seek to repeal Andrews’ Euthanasia Laws Act. It was introduced to the House of Representatives on 1 August 2022 and passed on 3 August after which Senate passage was secured on 2 December. That legislation returned decisions in relation to voluntary euthanasia, by now more popularly known as voluntary assisted dying, to Australia’s territory jurisdictions.
Whether or not the Rights of the Terminally Ill Act 1996 could have been revived by the 2022 legislation is a moot point, perhaps one better left to constitutional lawyers. There is an argument that although it was never repealed, it has not been used since 1997 and that may create legitimate reasons for legal challenges.
Whatever the reason, fresh legislation was introduced as Government Business on 23 July and debated out this week.
Notwithstanding Boothby’s claims of a conscience vote, a remarkable case of social, cultural and moral homogeneity afflicted those comprising the ministry in the Finocchiaro government.
Every non-government amendment proposed was defeated—including the contentious gag and life expectancy clauses—and only two government-sponsored amendments were adopted. There were no line-ball divisions based on legitimate conscience votes. The exercise was reminiscent of a set-piece from a low-budget, gaudy Hollywood production.
The Assembly was without the Member for Mulka, Yingiya Guyula, who resigned earlier in the month. Member for Gwoja, Chansey Paech, abstained from voting. That left 23 Members, one of whom had to chair proceedings, but who had—in the event that it was necessary—a casting vote. It was entirely unnecessary.
During the 12 divisions, two blocks emerged with three backbench Members who could be described as swingers but whose support for amendments they and others proposed failed to make a difference to the consistent government numbers.
Government Block: Front-benchers: Ms Boothby (Brennan), Mr Burgoyne (Braitling), Ms Cahill (Port Darwin), Mr Charls (Sanderson), Mr Edgington (Barkly), Mrs Finocchiaro (Spillett), Mrs Hersey (Katherine), Mr Maley (Nelson), Mr Yan (Namatjira), Back-benchers: Mrs Carlson (Wanguri), Mr Howe (Drysdale), Mr Kerle (Blain), Mr Mackay (Goyder), Mr Patel (Casuarina)
Non-Government Block: Mr Brown (Arafura), Ms Davis (Johnston), Mr Smelt (Nightcliff), Ms Uibo (Arnhem), Mr Young (Daly)
Government Swingers: Mr Rahman (Fong Lim), Mr O’Gallagher (Karama), Mrs Zio (Fannie Bay).
The following table records the votes in each of the divisions on the bill.
| Division No | Clause No | Proposer / Question | Ayes | Noes |
| 1 | 15 | Rahman | 8 | 14 |
| 2 | 15 | Uibo | 7 | 15 |
| 3 | 15 | Howe | 14 | 8 |
| 4 | 16 | Uibo | 8 | 15 |
| 5 | 16, 16(1), 16(3) | Rahman | 8 | 14 |
| 6 | 16 | Stand as printed* | 14 | 9 |
| 7 | 19(1)(d)(i) | Rahman | 7 | 16 |
| 8 | 19(1)(d)(ii) | Uibo | 8 | 15 |
| 9 | 19(1)(d)(ii) | Rahman | 7 | 16 |
| 10 | 19(1)(d)(ii) | O’Gallagher | 9 | 14 |
| 11 | 19(4) | Howe | 16 | 7 |
| 12 | 108(1)(d) | Uibo | 6 | 16 |
* After defeat of four proposed amendments to Clause 16, the question was that the clause stand as printed (meaning unchanged). On that question, the Assembly divided, which is why it is included in the division list.
For the sake of completeness, either the Member for Araluen, Robyn Lambley, or the Member for Karama, Brian O’Gallagher, presided over proceedings during debate.
Unlike 1995, there was no division on the question that the bill be read a third time.
Legislation that was dressed up as a CLP rite of passage and falsely marketed as a conscience vote was thus disposed of. Unlike the marathon sitting in 1995, the Assembly adjourned at the civilised hour of 9.24pm.
Boothby’s swashbuckling slaying of imaginary dragons was complete. And hollow.
READ: Part I: The long road to the Rights of the Terminally Ill Bill
READ: Part II: The long road to the Rights of the Terminally Ill Bill
READ: Part III: The long road to the Rights of the Terminally Ill Bill
Dr Robyn Smith is a lecturer in colonial history at Charles Darwin University and a PhD (Political History), Master of Cultural Heritage and Bachelor of Arts (Journalism & Anthropology). She is well written on the history, heritage and politics of the Northern Territory. Her latest book, Licence to Kill: Massacre Men of Australia’s North, was published in 2024.
Thank you Dr Smith for your clinical chronology of this crucial development in the Territory’s legislative and social history.
It also reminds us of the Australian Parliament’s disgraceful interference, involving the Prime Minister of the day hiding behind a Private Member’s Bill.