Mrs HICKEY - 1995-02-22
The Chief Minister is aware that, in 1993, he asked the Women's Advisory Council to report to him on the rights of the terminally ill. Did the report recommend widespread consultation prior to the introduction of any legislation relating to euthanasia and emphasise the need to pay particular attention to consultation with Aboriginal people before any legislation proceeded? Did the report state that more resources were required to carry out proper consultation? Will the WAC report be made public and does the Chief Minister intend to take its advice?
ANSWER
Mr Speaker, the honourable member said that I had asked the Women's Advisory Council to report on the rights of the terminally ill. In fact, I did not make any request in those specific terms. I asked the council to examine the Northern Territory's Natural Death Act which has been on the books for some years. Honourable members would be aware that, under the Natural Death Act, a person is able to designate that other persons may make a decision on his or her behalf should he or she be unconscious or in a coma that they not be placed or kept on life-support systems, thereby hastening natural death. I asked the Women's Advisory Council whether it considered that the community was aware of the act, whether it was used and whether, in the council's opinion, it went far enough.
Given the resources available to it, the Women's Advisory Council did a thorough job. Initially, its members were a little bewildered as to why I would refer such a matter to that council, having regard to the fact that those issues do not affect women only. However, they acknowledged that the act affected women probably as much as men. Consequently, they took it on with good spirit and obtained submissions from quite a number of people. The council reported a diversity of views. Some members of the community were saying that the act is fine
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and should be left as it is and certainly should not be extended. Others believe that it does not go far enough and some thought that the act was deficient in any case.
The WAC concluded after a time that the matter ought to be pursued in some other forum. I accept that, at the end of the day, it felt that the issue was a little large and complex for that particular group. However, it genuinely reported back to me recommending that, if the matter is to be taken further, there should be wide public consultation. Indeed, there was a reference to the Aboriginal community.
As to whether I will make the report public, my general reaction is not to, although I would release it if the Women's Advisory Council, which probably is comprised of different people given its Senate-type rollover system, suggested that I do so. I do not automatically adopt the approach that it is in my possession and therefore I am entitled to release it. My understanding with the Women's Advisory Council is based on a special confidence. This group is one of the few in the community that has an automatic right of direct access to the Chief Minister without any departmental advice or filtering in between. It appreciates very much that it can put its views personally to the Chief Minister - and that has been the case also with my predecessors - as to what government should or should not be doing in areas that affect women's affairs. It understands that we can speak freely, as it were, behind closed doors.
It would be inappropriate if the council were able to release any material it wished before consulting me because that would imply some public pressure on the Chief Minister. In the same way, I would be reluctant to use information given to me in confidence by the council in some way that it might feel is inappropriate. The relationship is very important. It nearly came unstuck a few years ago when the Women's Advisory Council and I had a rather tumultuous relationship for a time and a great deal of media activity surrounded the affairs of that council. It reached a stage where I was very guarded in what I would say to the Convenor of the Women's Advisory Council in case she repeated in public confidences that I would have preferred she kept. I told the council quite clearly that, if it thought it could put pressure on me through the media to make decisions before it took its opportunity for direct confidential consultation, there would be virtually no need for the organisation to exist because it would not be serving its purpose. However, I am pleased to say that period was short and it was some years ago. I am pleased to say also that, since that time, we have had an excellent relationship and I believe the council does some excellent work. I made that explanation to indicate why I am reluctant simply to table the report on the Natural Death Act the council provided to me to the extent that it has problems with it.
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ANSWER
Mr Speaker, the honourable member said that I had asked the Women's Advisory Council to report on the rights of the terminally ill. In fact, I did not make any request in those specific terms. I asked the council to examine the Northern Territory's Natural Death Act which has been on the books for some years. Honourable members would be aware that, under the Natural Death Act, a person is able to designate that other persons may make a decision on his or her behalf should he or she be unconscious or in a coma that they not be placed or kept on life-support systems, thereby hastening natural death. I asked the Women's Advisory Council whether it considered that the community was aware of the act, whether it was used and whether, in the council's opinion, it went far enough.
Given the resources available to it, the Women's Advisory Council did a thorough job. Initially, its members were a little bewildered as to why I would refer such a matter to that council, having regard to the fact that those issues do not affect women only. However, they acknowledged that the act affected women probably as much as men. Consequently, they took it on with good spirit and obtained submissions from quite a number of people. The council reported a diversity of views. Some members of the community were saying that the act is fine
Page 429
and should be left as it is and certainly should not be extended. Others believe that it does not go far enough and some thought that the act was deficient in any case.
The WAC concluded after a time that the matter ought to be pursued in some other forum. I accept that, at the end of the day, it felt that the issue was a little large and complex for that particular group. However, it genuinely reported back to me recommending that, if the matter is to be taken further, there should be wide public consultation. Indeed, there was a reference to the Aboriginal community.
As to whether I will make the report public, my general reaction is not to, although I would release it if the Women's Advisory Council, which probably is comprised of different people given its Senate-type rollover system, suggested that I do so. I do not automatically adopt the approach that it is in my possession and therefore I am entitled to release it. My understanding with the Women's Advisory Council is based on a special confidence. This group is one of the few in the community that has an automatic right of direct access to the Chief Minister without any departmental advice or filtering in between. It appreciates very much that it can put its views personally to the Chief Minister - and that has been the case also with my predecessors - as to what government should or should not be doing in areas that affect women's affairs. It understands that we can speak freely, as it were, behind closed doors.
It would be inappropriate if the council were able to release any material it wished before consulting me because that would imply some public pressure on the Chief Minister. In the same way, I would be reluctant to use information given to me in confidence by the council in some way that it might feel is inappropriate. The relationship is very important. It nearly came unstuck a few years ago when the Women's Advisory Council and I had a rather tumultuous relationship for a time and a great deal of media activity surrounded the affairs of that council. It reached a stage where I was very guarded in what I would say to the Convenor of the Women's Advisory Council in case she repeated in public confidences that I would have preferred she kept. I told the council quite clearly that, if it thought it could put pressure on me through the media to make decisions before it took its opportunity for direct confidential consultation, there would be virtually no need for the organisation to exist because it would not be serving its purpose. However, I am pleased to say that period was short and it was some years ago. I am pleased to say also that, since that time, we have had an excellent relationship and I believe the council does some excellent work. I made that explanation to indicate why I am reluctant simply to table the report on the Natural Death Act the council provided to me to the extent that it has problems with it.
Page 430
Last updated: 09 Aug 2016