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The Canberra Times
The Canberra Times
Lucy Bladen

Pocock pledges bill to restore territory rights in 'first weeks' if elected

Sam Whitsed, with mother Annie, has terminal cancer. Picture: Karleen Minney

ACT Senate candidate David Pocock would introduce a bill to overturn a ban which prevents the territory from legislating on voluntary assisted dying if he is elected in the upcoming federal poll.

Mr Pocock said he would introduce a private senator's bill in the first weeks of the new parliament.

"Tragically, for some in our community, this is not a debate that can wait," he said.

"The people I've spoken to who have loved ones, or who are themselves, facing end of life choices, shouldn't have to face moving interstate to access the full range of rights and dignities afforded to other Australians."

Mr Pocock said he had spoken to hundreds of Canberrans who wanted to see the matter addressed as a matter of urgency and he would make it a "first order priority".

Samuel Whitsed has come out in support of Mr Pocock's bill. The 39-year-old has been diagnosed with stage four terminal cancer.

"I was diagnosed with soft tissue sarcoma in November, it was at stage four when it was discovered so it's incurable," he said.

"I know what's in my future and there is going to come a point where I don't want to continue. I don't want to suffer, quality of life is really important to me.

"If I had a chance of getting better I would suffer through a lot but I don't."

Labor, the Greens and independent Senate candidate Kim Rubenstein all support the right for the ACT to make its own laws.

Samuel Whitsed is backing David Pocock's bill to restore the territories rights to legislate on voluntary assisted dying. Picture: Karleen Minney

Federal Labor leader Anthony Albanese last year publicly backed the rights of the territories to legislate on voluntary assisted dying. The party has not committed to a position, however Labor has previously agreed to facilitate a vote on territory rights if it wins.

The federal Coalition had no plans to overturn the ban last year, this position was expressed to the ACT and Northern Territory governments in a letter from Attorney-General Michaelia Cash.

Despite this, Coalition Senator Sam McMahon brought forward a bill to restore the Northern Territory's rights to create laws on the matter last year. The bill controversially excluded the ACT but it was never brought to a vote.

In the past the federal Parliament has allowed a conscience vote on the matter. In 2018, a bill to overturn the Andrews Bill lost by only two votes.

ACT senator Zed Seselja is opposed to voluntary assisted dying and has not supported attempts to repeal the Andrews bill.

Mr Pocock's bill would also seek to overturn a ban which prevents the Northern Territory from legislating on voluntary assisted dying.

Independent senate candidate David Pocock has pledged to introduce a private Senator's bill to restore the territories rights to legislate on voluntary assisted dying in "first weeks" if elected. Picture: James Croucher

The territories have been unable to make legislation on voluntary assisted dying since the Andrews bill passed in the Federal Parliament 25 years ago.

The bill was introduced by Liberal MP Kevin Andrews and was in response to the Northern Territory legalising voluntary euthanasia in 1995.

At the time, the Northern Territory was the first jurisdiction in the world to pass euthanasia laws. But five Australian states have passed legislation in recent years and NSW is currently considering laws.

Mr Pocock's bill would only give the territories the ability to make voluntary assisted dying laws, it would not legalise voluntary assisted dying in the territories. He personally supports the right of terminally ill people to talk to their doctor about voluntary assisted dying.

"My bill will not be an invitation for the Parliament to debate voluntary assisted dying. That conversation will be for the people of the ACT alone," he said.

"I deeply appreciate the range of very personal and deeply held beliefs on this topic. That's why it's so important that we, as a community, have the right to respectfully and compassionately consider this issue for ourselves.

"The job of elected representatives is to advocate in support of the wishes of the community, not to make decisions for them based on personal preferences."

The Canberra Times has campaigned for the ACT's ability to legislate on voluntary assisted dying to be restored.

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