The Finocchiaro CLP Government is on track to introduce Rights of the Terminally Ill legislation by mid-2026.Consultation on key elements of the framework has now concluded.Strong safeguards will protect vulnerable Territorians while ensuring dignity and choice at the end of life.
The Finocchiaro CLP Government has finalised consultation on key elements of proposed legislation concerning the Rights of the Terminally Ill, with the Bill on track to be introduced to Parliament by mid-year as a conscience vote.
Attorney-General, Marie-Clare Boothby said the legislation represents one of the most sensitive and complex areas of law reform any government can undertake.
"This is a deeply personal issue for many Territorians," the Attorney-General said. "That's why we have taken the time to work through the remaining matters raised to ensure the framework is balanced and responsible."
The Attorney-General confirmed she has continued discussions with parliamentary colleagues, including the Leader of the Opposition, ahead of the Bill's introduction later in the year.
"This reform shouldn't attract party politics. I have been engaging directly on both sides of the political aisle, as drafting is being finalised"
In 2025, the Legal and Constitutional Affairs Committee completed an inquiry into the proposed reforms, making 86 recommendations. The government indicated early on that it would adopt in-principle a majority of the recommendations, with further work required to address three key elements: namely, the eligibility criteria, assessment processes, safeguards to protect vulnerable people.
Eligibility Criteria:
Eligibility will be limited to adults with a condition that is advanced, progressive and expected to cause death within 12 months. Where eligibility cannot be determined, a referral mechanism will apply.
Assessment Processes:
The process will be strictly patient-led, prohibiting practitioners from initiating discussions about assisted dying. This recognises that patients facing end-of-life decisions may be particularly susceptible to influence, even where no coercion is intended. The initiation of a discussion by a practitioner may, by its very nature, shape a patient's perceptions or choices in subtle and unintended ways.
Safeguards to Protect Vulnerable People:
Two independent eligibility assessments will be required by medical practitoners. What that means in practice is that, in order to exercise the rights under the legislation, a person must undergo two eligibility assessments; firstly by the coordinating practitioner, and secondly by a 'consulting practitioner'.
Where a practitioner is unable to decide whether a person meets the criteria, the practitioner should refer to another practitioner (called a 'referral for determination'). At least the one assessment must be conducted in person to properly assess capacity, voluntariness and understanding.
"These safeguards recognise that people facing end-of-life decisions may be particularly vulnerable," Minister Boothby said.
The Department of Health will be responsible for implementing the legislation, as the agency most suitable to meet medical practice, compliance, and cultural safety standards.
They will implement a model which decentralises delivery, consistent with the wider national approach which engages both the public and private sector, and practitioners at the frontline of patient care.
"Our approach seeks to ensure dignity and choice at the end of life, while putting strong protections in place."
"It ensures that the reforms are implemented by those best equipped to deliver the quality care and oversight which Territorians expect."
Minister Boothby said that the government remains committed to introducing the legislation by mid 2026.
"Thirty years ago, the CLP led the nation by introducing the rights of the terminally ill. Three decades on, we are once again progressing careful and considered reform in this space."
The legislation is on track to be introduced to Parliament this year and will be determined by Members as a conscience vote.
