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Rights of the Terminally Ill Act 1995


The Rights of the Terminally Ill Act 1995 (NT) was a controversial law legalising euthanasia in the Northern Territory, which was passed by the Parliament of the Northern Territory of Australia in 1995. The Act was passed by the Northern Territory Legislative Assembly on 25 May 1995 by a vote of 15 to 10, received the Administrator's assent on 16 June 1995, and entered into force on 1 July 1996. A year later, a repeal bill was brought before the Northern Territory Parliament in August 1996, but was defeated by 14 votes to 11.

The effect of the law was nullified in 1997 by the federal Parliament of Australia which passed the Euthanasia Laws Act 1997. The Act continues on the Territory's statute books. Dr Philip Nitschke founded Exit International in response to the overturning of the Act.

While voluntary euthanasia had previously been condoned officially in the Netherlands and the US state of Oregon, the act was the first time that a legislative assembly passed a law explicitly legalising euthanasia.

The Act allowed a terminally ill patient to end their life with medical assistance, either by the direct involvement of a physician or by procurement of drugs.

The Act set out a somewhat lengthy application process, designed to ensure that a patient was both mentally competent to make the decision and in fact terminally ill. Under the Act:

Those who assist in the ending of a person's life under the Act were immune from prosecution or other legal consequences if acting in good faith. (Sections 16 and 20).

The passage of the Bill—one of the first of its kind in the world—provoked a furor in Australia, and indeed in much of the rest of the world. The Act received both widespread support from "death with dignity" and right to die groups who saw it as a model to be followed elsewhere, and widespread condemnation from euthanasia opponents, such as right to life groups, who sought to overturn it.


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