{"id":"rights-of-the-terminally-ill-regulations-1996","name":"RIGHTS OF THE TERMINALLY ILL REGULATIONS 1996","slug":"rights-of-the-terminally-ill-regulations-1996","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177144,"registerId":"nt-rights-of-the-terminally-ill-regulations-1996-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"RIGHTS OF THE TERMINALLY ILL REGULATIONS 1996","content":"The Rights of the Terminally Ill Act 1995 has no force or effect as a law\nof the Territory; see Schedule 1 of the Euthanasia Laws Act 1997 (Cth)\n(No. 17, 1997).\nNORTHERN TERRITORY OF AUSTRALIA\nRIGHTS OF THE TERMINALLY ILL REGULATIONS 1996\nAs in force at 1 July 1996\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Prescribed qualifications in treating terminal illness ........................ 1\n4 Guidelines........................................................................................ 1\n5 Special qualifications in palliative care ............................................ 1\n6 Qualifications for interpreters ........................................................... 2\n7 Medical records ............................................................................... 2\n8 Medical practitioner to notify health care provider of request\nfor assistance .................................................................................. 2\nSchedule 1 Guidelines\nSchedule 2 Special qualifications in palliative care\nSchedule 3 Checklist for medical practitioner assisting\npatient\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 1996\n____________________\nRIGHTS OF THE TERMINALLY ILL REGULATIONS 1996\nRegulations under the Rights of the Terminally Ill Act 1995\n1 Citation\nThese Regulations may be cited as the Rights of the Terminally Ill\nRegulations 1996.\n2 Commencement\nThese Regulations shall come into operation on the\ncommencement of the Rights of the Terminally Ill Act 1995.\n3 Prescribed qualifications in treating terminal illness\nFor the purposes of section 7(1)(c)(i) of the Act, the medical\npractitioner shall hold a qualification in a medical specialty related\nto the terminal illness of the patient recognised by a medical\nspecialist college in Australia and which entitles the medical\npractitioner to fellowship of that college.\n4 Guidelines\nFor the purposes of section 7(2) of the Act, a medical practitioner\nassisting a patient shall be guided by the guidelines set out in\nSchedule 1.\n5 Special qualifications in palliative care\n(1) For the purposes of section 7(3) of the Act, special qualification is\ntaken to include competence by reason of ability, knowledge and\nskills acquired through experience.\n(2) The medical practitioner who, under section 7(3) of the Act,\nprovides information to the patient on the availability of palliative\ncare shall have one of the special qualifications described in\nSchedule 2.\n\nRights of the Terminally Ill Regulations 1996 2\n6 Qualifications for interpreters\nFor the purposes of section 7(4) of the Act, the interpreter shall hold\none of the following professional qualifications in the first language\nof the patient:\n(a) accreditation as a Conference Interpreter from the National\nAccreditation Authority for Translators and Interpreters;\n(b) accreditation as an Interpreter from the National Accreditation\nAuthority for Translators and Interpreters.\n7 Medical records\nFor the purpose of keeping the medical record of the patient\nreferred to in section 12 of the Act, a medical practitioner may use\nthe checklist set out in Schedule 3.\n8 Medical practitioner to notify health care provider of request\nfor assistance\nFor the purpose of enabling a health care provider to decide\nwhether or not he, she or it is able or willing to carry out a direction\nof a medical practitioner for the purpose of the medical practitioner\nassisting a patient under the Act, the medical practitioner shall, as\nsoon as practicable after agreeing to assist the patient, inform the\nhealth care provider of his or her intention to do so.\n\nSchedule 1 Guidelines\nRights of the Terminally Ill Regulations 1996 3\nSchedule 1 Guidelines\nsection 7(2)\nregulation 4\n1. The medical practitioner is to assist the patient to end his or her life by\nadministering to the patient, or giving to the patient for self-\nadministration, a drug or a combination of drugs which the medical\npractitioner determines is the most appropriate to assist the patient.\n2. The medical practitioner should advise the members of the patient's\nfamily and the patient's friends who wish to be present at the time of\nthe death of the patient:\n(a) of the effects of the drug or drugs to be administered to the\npatient; and\n(b) when the drug is, or drugs are, to be administered to the patient\nso that those members of the family or friends who do not wish to\nbe in attendance for the administration of the drug or drugs may\nbe absent at that time.\n3. The medical practitioner should remain for a reasonable time after the\ndeath of the patient with the family and friends of the patient who are in\nattendance to answer any questions they may have relating to the\ndeath of the patient.\n\nSchedule 2 Special qualifications in palliative care\nRights of the Terminally Ill Regulations 1996 4\nSchedule 2 Special qualifications in palliative care\nsection 7(3)\nregulation 5\n1. A qualification which is recognised by the National Specialist\nQualification Advisory Committee as a specialist qualification together\nwith one year full time employment (whether or not for a continuous\nperiod) by a palliative care service as a consultant in the field of\npalliative care.\n2. Two years full time practice (whether or not for a continuous period) in\npalliative medicine together with employment (whether or not for a\ncontinuous period) by a palliative care service.\n3. A graduate certificate in palliative care together with one year full time\nemployment (whether or not for a continuous period) by a palliative\ncare service.\n4. Successful completion of a course in palliative care recognised by a\ntertiary institution or a medical professional body together with one year\nfull time employment (whether or not for a continuous period) by a\npalliative care service as a consultant, a specialist or a health care\nprovider.\n5. Current registration (having been so registered for a period of not less\nthan 5 years), but not including registration which is subject to\nconditions or limitations, on the Vocational Register established and\nmaintained by the Royal Australian College of General Practitioners\nand the Health Insurance Commission.\n6. Fellowship of the Royal Australian College of General Practitioners.\n\nSchedule 3 Checklist for medical practitioner assisting patient\nRights of the Terminally Ill Regulations 1996 5\nSchedule 3 Checklist for medical practitioner assisting\npatient\nsection 12\nregulation 7\nName and address of medical practitioner:\nName and address of patient:\nThe following conditions enabling a medical practitioner to assist a patient to\nend his or her life under the Rights of the Terminally Ill Act 1995 have been\nmet:\n1. The patient has requested that I assist him/her to end his/her life and I\nhave agreed to do so.\n2. The patient has attained the age of 18 years.\n3. I am satisfied, on reasonable grounds, that:\n• the patient is suffering from an illness that will, in the normal course\nand without the application of extraordinary measures, result in his/her\ndeath; and\n• in reasonable medical judgement, there is no medical measure\nacceptable to the patient that can reasonably be undertaken in the\nhope of effecting a cure; and\n• any medical treatment reasonably available to the patient is confined to\nthe relief of pain, suffering and/or distress with the object of allowing\nthe patient to die a comfortable death.\n4. A second medical practitioner who:\n(a) is neither a relative or employee, nor a member of the same\nmedical practice, of mine or the qualified psychiatrist referred to in\nclause 5; and\n(b) is qualified in the treatment of the terminal illness from which the\npatient is suffering as prescribed by the Rights of the Terminally Ill\nRegulations,\nhas examined the patient and confirms my opinion as to the existence\nand seriousness of the illness, that the patient is likely to die as a result\nof the illness and my prognosis.\n(Attach report of second medical practitioner)\n\nSchedule 3 Checklist for medical practitioner assisting patient\nRights of the Terminally Ill Regulations 1996 6\n5. A qualified psychiatrist (within the meaning of the Rights of the\nTerminally Ill Act 1995), who is neither a relative or employee, nor a\nmember of the same medical practice, of mine or the medical\npractitioner referred to in clause 4, has examined the patient and\nconfirms that the patient is not suffering from a treatable clinical\ndepression in respect of the illness.\n(Attach report of qualified psychiatrist)\n6. In my opinion the illness is causing the patient severe pain or suffering.\n7. I have special qualifications in the field of palliative care and therefore\nprovided the information on the availability of palliative care to the\npatient.\nOR I do not have special qualifications in the field of palliative care and\ntherefore the information on the availability of palliative care was\nprovided to the patient by:\n(Insert name of medical practitioner holding special qualifications in the\nfield of palliative care as prescribed)\n8. The patient has been informed of the nature of the illness and its likely\ncourse, and the medical treatment, including palliative care, counselling\nand psychiatric support and extraordinary measures for keeping the\npatient alive, that might be available to the patient.\n9. It is my opinion that, after considering the advice and opinion of the\nmedical practitioner referred to in clause 4, there are no palliative care\noptions reasonably available to the patient to alleviate the patient's pain\nand suffering to levels acceptable to the patient.\nOR It is my opinion that, despite an earlier request from the patient for\nassistance to end his/her life, palliative care was provided to the patient\nthat brought about the remission of the patient's pain and suffering, that\npalliative care now ceases to alleviate the patient's pain and suffering\nto levels acceptable to the patient.\n10. After the patient had been informed of the matters specified in clause 8,\nthe patient indicated to me that he/she has decided to end his/her life.\nOR The patient requested assistance under the Rights of the Terminally Ill\nAct 1995 but was subsequently provided with palliative care and after\nthe palliative care ceased to alleviate his/her pain and suffering the\npatient indicated to me that he/she has decided to proceed in\npursuance of his/her earlier decision to end his/her life.\nDate patient indicated his/her decision:\n\nSchedule 3 Checklist for medical practitioner assisting patient\nRights of the Terminally Ill Regulations 1996 7\n11. I am satisfied that the patient has considered the possible implications\nof the patient's decision to his/her family.\n12. I am satisfied on reasonable grounds that the patient:\n• at the time of indicating to me his/her decision to end his/her life and of\nsigning the certificate of request, is of sound mind; and\n• made the decision to end his/her life freely, voluntarily and after due\nconsideration.\n13. The patient or, if the patient is physically unable to do so, a person\nacting on the patient's behalf in accordance with section 9 of the Rights\nof the Terminally Ill Act 1995 signed the part of the certificate of request\nrequired to be completed by or on behalf of the patient not earlier than\n7 days after the patient indicated his/her decision to end his/her life to\nme.\nName and address of person signing on behalf of patient:\nDate signed the certificate:\n14. I have witnessed the patient, or the person signing on behalf of the\npatient, signing the certificate of request and have completed and\nsigned the relevant declaration on the certificate.\nDate signed the certificate:\n15. After I signed the certificate of request another medical practitioner\nsigned the certificate. That medical practitioner had discussed the\ncase with me and the patient before signing the certificate.\nName and address of that other medical practitioner:\nDate signed the certificate:\n(Attach certificate of request)\n16. An interpreter was required to be present at the signing of the\ncertificate of request in accordance with section 7(4) of the Rights of\nThe Terminally Ill Act 1995, and has signed the certificate confirming\nthe patient's understanding of his/her request for assistance.\nName and address of interpreter:\nDate signed the certificate:\n\nSchedule 3 Checklist for medical practitioner assisting patient\nRights of the Terminally Ill Regulations 1996 8\n17. I have read and been guided by appropriate medical standards and by\nthe guidelines prescribed by the Rights of the Terminally Ill\nRegulations, and have considered the appropriate pharmaceutical\ninformation about any drug reasonably available for use in the patient's\ncircumstances.\n18. I share the same first language as the patient.\nOR As I do not share the same first language as the patient, when assisting\nthe patient under the Rights of the Terminally Ill Act 1995, I\ncommunicated with the patient in the presence of an interpreter\nqualified as required by section 7(4) of that Act.\n19. I have no reason to believe that I, the countersigning medical\npractitioner or a close relative or associate of either of us, will gain a\nfinancial or other advantage (other than a reasonable payment for\nmedical services) directly or indirectly as a result of the death of the\npatient. I have not caused the patient to be influenced in his/her\ndecision to end his/her life by way of any duress or undue influence.\n20. I did not commence to assist the patient to end his/her life until after\n48 hours had elapsed since the signing of the completed certificate of\nrequest.\n21. At no time before assisting the patient to end his/her life had the\npatient:\n• given to me an indication that it was no longer his/her wish to end\nhis/her life; and/or\n• rescinded his/her request for assistance\n22. I provided the patient with the assistance to end his/her life by:\n• administering the drug or drugs to end his/her life to the patient; and/or\n• providing the drug or drugs and remaining present while the drug was\nor drugs were administered to the patient and until his/her death.\n(Attach note indicating the drug or drugs administered to the patient,\nthe steps taken to administer the drug or drugs and generally carry out\nthe request for assistance, and the date and time of death of the\npatient)\n23. I am satisfied that the conditions of section 7, and the other\nrequirements, of the Rights of the Terminally Ill Act 1995 have been\nmet.\n\nSchedule 3 Checklist for medical practitioner assisting patient\nRights of the Terminally Ill Regulations 1996 9\n24. I confirm that:\n• I have been entitled to practise as a medical practitioner in a State or a\nTerritory of the Commonwealth of Australia for a continuous period of\nnot less that 5 years; and\n• I am entitled under the Medical Act 1995 to practise medicine in the\nNorthern Territory; and\n• I am resident in the Northern Territory.\nSigned:\nDated:\n(To be completed as applicable)\n\nENDNOTES\nRights of the Terminally Ill Regulations 1996 10\n28/01/20 13:48 DRAFT ONLY\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nRights of the Terminally Ill Regulations (SL No. 34, 1996)\nNotified 1 July 1996\nCommenced 1 July 1996 (r 2, s 2 Rights of the Terminally Ill Act 1995 (Act\nNo. 12, 1995) and Gaz S15, 13 June 1996)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: r 1 and sch 3.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the metadata available, there is no indication that the scope of these Regulations changed from their original intent. They were made to support the Rights of the Terminally Ill Act 1995 and commenced on 1 July 1996 as intended. No amendments or scope changes are evident from the information provided."},"complexity_factors":["The document provided contains almost no substantive legislative content — it is essentially metadata/header information only, making meaningful legal analysis difficult","The regulatory instrument sits within a complex constitutional and intergovernmental law context (Territory powers vs Commonwealth override)","The subject matter (voluntary assisted dying) intersects criminal law, medical law, and human rights frameworks","The historical interaction between the NT Act and the federal Euthanasia Laws Act 1997 creates layered legal complexity around whether these regulations have any operative force","Limited information provided (no actual regulation text) prevents assessment of technical drafting complexity"],"plain_english_summary":"The Rights of the Terminally Ill Regulations 1996 set out the practical rules to operate the Northern Territory’s short‑lived voluntary assisted dying law, affecting terminally ill patients, doctors and pharmacists involved in assessments and dispensing. Historically significant as part of Australia’s first assisted‑dying regime, the Regulations now have no practical effect because the parent Act was nullified by the Commonwealth’s Euthanasia Laws Act 1997."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly scoped to their original purpose: operationalising the Rights of the Terminally Ill Act 1995 by setting out qualifications, procedures, and documentation requirements for voluntary euthanasia. The opening notation about the Act having 'no force or effect' is a subsequent historical overlay (added after the Euthanasia Laws Act 1997), but the Regulations themselves did not expand beyond their original administrative purpose of supporting the (now defunct) Act."},"complexity_factors":["Straightforward structure with only 8 regulations plus 3 schedules","Minimal cross-referencing—primarily references back to the parent Act (Rights of the Terminally Ill Act 1995) rather than complex inter-legislative webs","Clear conditional logic using simple 'if/then' structures rather than nested exceptions","Defined terms are limited and contextually obvious (e.g., 'special qualifications', 'prescribed qualifications')","Schedule 3 provides a practical checklist format that simplifies compliance by creating a linear, step-by-step process","No delegated legislative powers or complex machinery provisions","Length is concise (approximately 9 pages of substantive content)","Primary complexity arises from the multi-step procedural requirements (24 checklist items) and the need for multiple independent medical opinions, but these are procedurally clear rather than legally convoluted"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set out the practical rules for how doctors could legally help terminally ill patients end their lives under the Northern Territory's Rights of the Terminally Ill Act 1995. They specify who was qualified to assist, what procedures had to be followed, and what records needed to be kept.\n\n**Key requirements included:**\n\n- **Doctor qualifications:** The assisting doctor needed specialist qualifications in the patient's specific illness, plus 5+ years of medical practice and NT residency. A second specialist doctor had to confirm the diagnosis and prognosis.\n- **Mental health check:** A psychiatrist (independent from both doctors) had to confirm the patient wasn't suffering from treatable depression influencing their decision.\n- **Palliative care information:** Before proceeding, patients had to be informed about palliative care options by a doctor with specific qualifications in pain management and end-of-life care.\n- **Waiting periods:** At least 7 days between the patient indicating their decision and signing the formal request; at least 48 hours between signing and assistance being provided.\n- **Safeguards:** Interpreters were required for non-English speakers; doctors had to certify no financial benefit to themselves or relatives; patients could withdraw consent at any time.\n- **Documentation:** A detailed 24-point checklist had to be completed covering every step from initial request to final administration of medication.\n\n**Who it affected:**\nTerminally ill Northern Territory residents aged 18+, their families, and the medical practitioners involved in end-of-life care.\n\n**Why it matters (historically):**\nThese Regulations operationalised Australia's first (and only) voluntary assisted dying law. Although the underlying Act was overridden by federal legislation in 1997 (the Euthanasia Laws Act), these Regulations remain significant as the detailed framework that briefly made lawful voluntary euthanasia possible in Australia. They established many safeguards now echoed in modern voluntary assisted dying laws across Australian states."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations were made under the Rights of the Terminally Ill Act 1995 but the source states that the Act 'has no force or effect as a law of the Territory' (see Schedule 1 of the Euthanasia Laws Act 1997 (Cth)). As a result, the Regulations no longer operate to enable assisted dying in the Northern Territory and remain a historical reprint 'as in force at 1 July 1996.'"},"complexity_factors":["Detailed clinical and professional qualifications (schedules specifying specialist fellowships, palliative care experience, GP vocational registration and fellowships).","Multiple procedural safeguards and timing rules (second medical opinion, qualified psychiatrist report, minimum waiting periods, 48‑hour delay before assistance).","Extensive documentary requirements (comprehensive checklist for medical records and attachments of reports and certificates).","Cross‑references to provisions of the Rights of the Terminally Ill Act 1995, requiring reading of both instruments to apply rules.","Dependency on external accreditation bodies and tertiary institutions for recognition of qualifications (National Accreditation Authority for Translators and Interpreters, Royal Australian College of General Practitioners, National Specialist Qualification Advisory Committee).","Operational discretion for medical practitioners (judgements about prognosis, whether palliative care options are ‘reasonably available’, and whether the patient is of sound mind).","Multiple actors with potential coordination burdens (attending practitioner, second treating specialist, psychiatrist, palliative clinician, interpreter, health‑care provider).","Jurisdictional change risk: the source states the underlying Act 'has no force or effect as a law of the Territory' because of federal action, which affects enforceability and practical application."],"plain_english_summary":"Sets the medical, interpreter and palliative‑care qualifications, procedural safeguards, timing rules and record‑keeping a medical practitioner must follow when assisting a terminally ill adult to end their life under the Rights of the Terminally Ill Act 1995. It affects medical practitioners, patients, interpreters and health‑care providers by prescribing who may assist, the checks required (second medical opinion, psychiatric assessment, palliative‑care information), and the documentation and notification duties that create compliance costs and allocate professional decision‑making."}},"importantCases":[],"_links":{"self":"/api/acts/rights-of-the-terminally-ill-regulations-1996","history":"/api/acts/rights-of-the-terminally-ill-regulations-1996/history","analysis":"/api/acts/rights-of-the-terminally-ill-regulations-1996/analysis","conflicts":"/api/acts/rights-of-the-terminally-ill-regulations-1996/conflicts","importantCases":"/api/acts/rights-of-the-terminally-ill-regulations-1996/important-cases","documents":"/api/acts/rights-of-the-terminally-ill-regulations-1996/documents"}}