The Government of former Prime Minister Paul Keating made it clear just before the election that it would have blocked any attempt in the Federal Parliament to override the Northern Territory’s euthanasia law.
According to a document made available yesterday, the Keating Government’s position was opposed to any intervention.
A letter from Mr Keating’s office in February said, “”The Commonwealth Government believes that the Rights of the Terminally Ill Act 1995 is a valid law of the Northern Territory and that it is up to the people of the Northern Territory to express their views on that legislation, rather than the Commonwealth.”
This is contrary to the position of the Beazley-led Labor Opposition which makes it a conscience issue and a free vote.
Also, a search of various laws on territory powers reveals that the Commonwealth Government has the power to unilaterally override Northern Territory, Jervis Bay, Norfolk Island and Antarctic Territory law without the concurrence of both Houses of Parliament. Even now, the Government or the Minister for Territories, advising the Governor-General could revoke the effect of the Northern Territory euthanasia law without a law having to pass both Houses. (It is widely thought that even if the override Bill passes the House it will get stuck in the Senate.)
The search of laws on territories shows also that the ACT has more autonomy than the Northern Territory. This is because both Houses of federal Parliament have to agree to the overriding of an ACT, whereas just the Government, which holds a majority in the House of Representatives, can override a Northern Territory law.