
On 27 November the ACT Parliament unanimously passed a motion I put forward which calls on the Federal Parliament to resolve that no Australian citizen should be disadvantaged with respect to their democratic rights on the basis of where they live and to remove subsections 23(1A) and (1B) from the Australian Capital Territory (Self-Government) Act 1988 (Cwlth).
The motion also called for all ACT Legislative Assembly party leaders to write to their federal counterparts before the end of 2019 requesting their commitment to removing these subsections. The Chief Minister has completed this and we look forward to Greens leader Shane Rattenbury and Opposition Leader Alistair Coe sending letters by 31 December.
Below is the full text of the motion, and you can watch the parliamentary debate here: http://aod.parliament.act.gov.au/A83210
That the Assembly:
(1) recognises that:
- (a) the Commonwealth Government conferred self-government on the Australian Capital Territory in 1988; and
- (b) after more than 30 years of self-government, the ACT has a:
- (i) robust and established parliament;
- (ii) strong jurisdictional identity; and
- (iii) community which has an expectation that elected, local representatives should and will be able to decide on issues that matter to it;
(2) notes that while section 122 of the Constitution empowers the Commonwealth to make laws for the ACT and Northern Territory on any subject:
- (a) it rarely exercises this power; but
- (b) where it has exercised this power has been on social issues relating to human rights where the Federal Parliament’s view has been out of step with ACT citizens’ views;
(3) notes with disappointment the continued existence of subsections 23(1A) and (1B) in the Australian Capital Territory (Self-Government) Act 1988 (Cwlth) which exclude the ACT from the power to make laws with respect to voluntary assisted dying;
(4) determines that the Commonwealth denying the ACT the freedom to debate and pass legislation that reflects the democratic will of the people it represents fundamentally undermines democratic principles; and
(5) calls on:
- (a) the Federal Parliament to:
- (i) resolve that no Australian citizen should be disadvantaged with respect to their democratic rights on the basis of where they live; and
- (ii) remove subsections 23(1A) and (1B) from the Australian Capital Territory (Self-Government) Act 1988 (Cwlth); and
- (b) all ACT Legislative Assembly party leaders to write to their federal counterparts before the end of 2019 requesting their commitment to remove subsections 23(1A) and (1B) from the Australian Capital Territory (Self-Government) Act 1988 (Cwlth) in 2020.