The Northern Territory Parliament yesterday passed voluntary assisted dying (VAD) laws, bringing the Territory into line with every other Australian jurisdiction. However, advocates argue the legislation contains significant barriers that will make access difficult for some people.
The Northern Territory’s Rights of the Terminally Ill Bill 2026 marks a historic milestone, restoring end-of-life choice to Territorians after a three-decade campaign.
The NT was the first jurisdiction in the world to legalise voluntary assisted dying in 1995. However, the Commonwealth Parliament controversially overturned the legislation in 1997 and prevented the territories from making laws on VAD for the next 25 years.
The vote closes an extraordinary chapter in Australia’s history, said end-of-life advocacy organisation Go Gentle Australia CEO Dr Linda Swan.
“This is a historic moment for the Territory and for the country, and the culmination of a decades-long fight for democratic choice.
“We celebrate this achievement but also remember the many dying Territorians who suffered needlessly because they were denied this choice for so long.”
An imperfect law
Despite the landmark vote, advocates say the final legislation contains provisions that may limit access to VAD.
The debate, in which voting numbers remained largely unchanged across amendments despite being described as a ‘conscience vote’, resulted in a law that many Territorians may find difficult to navigate, Go Gentle Australia argues.
Attempts to remove two key provisions, the so-called ‘gag clause’, which prevents doctors from initiating conversations about VAD, and a requirement that a person have a prognosis of 12 months or less, failed despite both recommendations being rejected by the government’s own parliamentary committee.
Similar amendments aimed at preventing institutions from obstructing access to VAD information or restricting visits from VAD practitioners were also defeated.
Go Gentle Australia Founding Director Andrew Denton, who watched the debate from the public gallery, said he was disappointed that amendments designed to improve access to the scheme did not succeed.
“People who want VAD should not face barriers to accessing their lawful choice, and doctors should not be gagged from providing information about all available treatment options.
“Unfortunately, experience shows this law will need to be revisited and repaired in the years ahead. But right now, today is a day to celebrate what Territorians have finally regained.
“The work to make sure the law operates fairly and compassionately now lies ahead. Let’s hope the NT Government shows a genuine commitment to that task.”
NT Attorney-General Marie-Clare Boothby acknowledged the differing views on the reforms.
“I appreciate that, on every element of these laws, not everyone has agreed. This is a deeply personal issue for many Territorians, and it goes to the heart of many of our core values as a Territory: certainty, compassion and the freedom to choose.
“We heard from many Territorians with varying and sincerely held views through personal conversations, public consultations and parliamentary committees.”
NT Health will now oversee implementation of the Rights of the Terminally Ill reforms over the next 18 months. Under the legislation, a statutory review of the Act must be undertaken three years after it comes into effect.
