Voluntary assisted dying law returns to Northern Territory, but with restrictions

Dr. Philip Nitschke, who was instrumental in the world's first voluntary assisted death case in Darwin 30 years ago, has welcomed the Northern Territory's passage of a new law legalizing the practice. However, he expressed mixed feelings, noting that while he is relieved the NT has finally joined other Australian states in allowing VAD, he is also disappointed by the conservative nature of the legislation.

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I'm relieved that this has finally happened, and it's ironic that the Northern Territory, that led the world with its first legislation in 1995, is now the last place in Australia to bring in laws. But I am also disappointed that I thought they were in a position to do something again that was quite important internationally, something more progressive, but you've got a very conservative piece of law passed.

"I'm relieved that this has finally happened, and it's ironic that the Northern Territory, that led the world with its first legislation in 1995, is now the last place in Australia to bring in laws," Nitschke stated. "But I am also disappointed that I thought they were in a position to do something again that was quite important internationally, something more progressive, but you've got a very conservative piece of law passed."

A key point of contention for Dr. Nitschke is the inclusion of a clause restricting VAD to individuals with a prognosis of less than 12 months to live, a condition not present in the NT's original 1995 legislation. He described this as an "impossible condition" that places significant power in the hands of doctors rather than the individuals seeking assisted death. Nitschke highlighted the difficulty doctors faced even under the original law in determining a terminal condition, let alone predicting a precise 12-month prognosis.

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It's an impossible condition.

Furthermore, the NT's new law is more restrictive than those in most other states due to a "gag clause" that prohibits doctors from initiating conversations about assisted dying. South Australia is the only other state with a similar restriction. This limitation, along with the prognosis requirement, raises concerns for terminally ill residents like Darwin's Dave Collins, who has incurable cancer, about their eligibility under the new law.

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So there were problems then, and there are problems now, and they haven't been addressed. It's a pity because the Territory could have done it, but the Territory I think has taken the easy path.