Paul Everingham says former prime minister had given him an undertaking not to override territory laws

This article is more than 2 years old

This article is more than 2 years old

Amid a fresh push to allow the territories to legalise euthanasia, the Northern Territory’s first chief minister and deputy have revealed – for the first time in more than 40 years – they were promised the federal government would never intervene in territory affairs.

The Senate rejected on Wednesday night a bill from Liberal Democrat senator David Leyonhjelm to allow territories to pass their own laws on voluntary euthanasia. The decision angered territory leaders past and present, who said it left Territorians as “second class citizens” and renewed their calls for statehood.

Despite the defeat, two federal Labor MPs, Andrew Leigh and Luke Gosling, have signalled they will introduce a new private member’s bill to repeal the restrictions on the territories determining their own laws on euthanasia.

Euthanasia bill defeated in the Senate after senators reverse position Read more

The Northern Territory passed Australia’s first euthanasia legislation in 1996. The commonwealth overturned those laws in 1997 by banning territories from legislating on the issue.

Paul Everingham, the Northern Territory’s chief minister when self-government was granted in 1978, told Guardian Australia the then prime minister Malcolm Fraser gave him an undertaking not to override territory laws.

He said Fraser might have signed a letter to that effect.

“There definitely was a commitment by Fraser not to exercise commonwealth power in any area ceded to the Northern Territory for administration under the self-government act,” Everingham said.

“We had orders for the peace, order and good government of the Northern Territory, within that range of powers. Whether there was a letter, or whether he said that to me or [the then deputy chief minister] Marshall Perron, I can’t recall.

“I am prepared to go on oath and say that. It’s sad that Fraser is dead because Fraser would have confirmed it.

“It’s not going to do much good even if you find that out, because they won’t give a shit.”



Everingam and Perron told Guardian Australia Fraser had strongly supported self-government but John Howard, who was the treasurer at the time, had reservations and was more obstructive during negotiations. It was Howard’s government that ultimately overturned the Territory law.

New push to overturn Australia's Howard-era euthanasia laws Read more

“Howard was part of Fraser’s cabinet when that commitment was given,” Everingham said. He still held Howard “fully responsible” for overturning the territory law in 1997.

Howard went on to override the Northern Territory self-government act again in 2007 when he launched the “intervention” into remote Indigenous communities.

Perron was chief minister from 1988 until 1995 and the driving force behind the voluntary euthanasia laws that were passed soon after he left office. He is now campaigning for voluntary assisted dying laws in Queensland and spent the past week in Canberra while a new bill was debated in the Senate.

Perron said he had since discussed the matter with Everingham and believed Fraser might have signed a letter.

“It would accord with the sort of discussions we had. Though I haven’t seen the letter ... we’re talking 40 years ago now.”

It is unlikely that any letter would carry legal standing. However, it would amplify calls from the Top End – where legalisation of voluntary euthanasia is overwhelmingly popular – to curb federal powers that undermine the territory’s self-determination.



Support grows for Queensland parliamentary inquiry into euthanasia Read more

After the defeat of this week’s bill, the NT chief minister, Michael Gunner, tweeted: “I’m not disappointed, I’m angry.”



Later he told reporters: “I had hoped the federal senators would have voted in favour of Territorians and the Northern Territory enjoying the same rights as the other 24 million plus Australians.

“I will not let this issue rest and will take every opportunity to persuade members of both houses of federal parliament that Territorians should be treated as equals and not as second-class citizens of this great nation.”

Gunner also said “we need to see an organic community movement around statehood in the territory like there is one for the republican movement”.

“I believe in statehood and have seen the Australian government continually intervene in the Northern Territory like we are some sort of Petri dish.”

Leigh and Gosling will introduce their private member’s bill on Monday.