Rights of The Terminally Ill Act 1995 - Overturning of The Act

Overturning of The Act

The Northern Territory legislature proved to be unwavering in its support for the Act, and the Act's repeal did not appear to be forthcoming. Support in the rest of Australia was much weaker, however, and opponents began turning to the Commonwealth (federal) Parliament, demanding it overturn the law, which it had the power to do since the Northern Territory was a territory rather than a state. While the federal parliament could not have overturned an identical state law, self-governing territories such as the Northern Territory, are in a somewhat different position. Unlike the states which are sovereign entities possessing legislative power in their own right, a territory's legislative power is derived by way of a grant from the Commonwealth Parliament which still retains the power -- in practice very rarely exercised -- to legislate for the territory.

On 25 March 1997, the federal Parliament passed the Euthanasia Laws Act 1997, which, although not technically repealing the Rights of the Terminally Ill Act, for all practical purposes rendered it of no legal effect. Rather than repeal the Rights of the Terminally Ill Act (which it could have done), the Commonwealth Parliament instead amended the Northern Territory (Self-Government) Act (the act under which the Commonwealth Parliament has delegated legislative power to the Northern Territory Legislative Assembly -- effectively the territory's "constitution" or "charter"), removing the Territory's constitutional power to pass any law permitting euthanasia. The Rights of the Terminally Ill Act technically remains in force in the Northern Territory, but to the extent that it permits euthanasia it is constitutionally invalid and of no legal effect.

Although passed as a reaction to the situation in the Northern Territory, the Euthanasia Laws Act 1997 made similar amendments with respect to Australia's two other self-governing territories, The Australian Capital Territory and Norfolk Island, also preventing them from passing a law permitting euthanasia. The Euthanasia Laws Act 1997 has no effect on the power of an Australian state to pass any law permitting euthanasia and it expressly leaves open the possibility of a territory passing laws regarding the withholding of life support.