The ACT is on the verge of regaining the right to legislate on voluntary assisted dying after a resounding Senate vote brought the 25-year campaign to the brink of victory.
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In the most significant win in the territory rights fight so far, Alicia Payne and Luke Gosling's private members' bill to overturn the ban passed the crucial second reading stage 41 votes to 25 on Thursday morning.
An attempt from ACT independent David Pocock to bring on a final vote failed, meaning a late-night sitting next Thursday will be needed to decide the bill's fate.
Senator Pocock's attempt has drawn a sharp rebuke from the Labor-linked lobbyist leading the fight against territory rights, who was also furious the bill was progressed so quickly on Thursday morning while a number of probable no voters weren't in the building.
Opponents have effectively conceded defeat, turning their attention to amending the bill to strengthen safeguards around assisted dying across Australia.
The outcome of the second reading vote means that barring an extraordinary, last-minute change of heart from a number of Senators, the so-called Andrews bill will be repealed.
A 'historic' moment: Gallagher
Finance Minister and ACT senator Katy Gallagher described the second reading result as "historic, significant and overwhelming".
But Senator Gallagher, who campaigned for territory rights as ACT chief minster, was careful not to declare victory just yet.
"I don't think anyone takes anything for granted, things change in the Senate," she told The Canberra Times.
"But the message that the second-reading vote sent was that we've had more people than ever supporting a change to territories being denied these rights."
Senator Pocock said the result reflected how society's attitude to the issue had shifted.
"That comes on the back of decades of advocacy in this space, standing up for the rights of territories to debate and legislate on this," he said.
"We are not there yet, but it is great to get it to that final hurdle."
Chief Minister Andrew Barr and Human Rights Minister Tara Cheyne welcomed the result.
"On behalf of the ACT government and our citizens, we welcome the resounding vote today, and acknowledge that we are now closer than ever before to winning the hard fought battle to restore our territory rights," Ms Cheyne said.
It was widely anticipated that the one-hour window on Thursday morning would only be enough time to continue the debate and set the stage for final vote in a week's time.
But the debate wrapped up quicker than expected, bringing on a second reading vote which forced senators to reveal their position.
The major parties have granted a conscience vote on the bill, meaning there were no guarantees where the numbers would fall.
The result was resounding for territory rights campaigners.
As expected, Labor senators including Don Farrell, Helen Polley, Raff Ciccone and Anthony Chisholm used their conscience vote to oppose the bill.
Jane Hume, Linda Reynolds and Ross Cadell were among the Coalition senators who supported a repeal of the Andrews bill.
A final vote looked possible at one point on Thursday as the bill shifted to the so-called "committee stage", which gives senators the chance to ask questions of a minister about the legislation.
But Coalition opponents strung out the debate as they pushed for time to debate a series of amendments, which had yet to be tabled as of Thursday morning.
Opponents concede bill will pass, push for amendments
Liberal senator Jonathon Duniam, a leading figure in the no camp, said his proposed amendments included changes to restrict access to assisted dying for children in all states and territories.
He also flagged amendments around the approval process for drugs which can be administered for euthanasia.
Senator Duniam said the Federal Parliament must understand that repealing the Andrews bill and opening the door to the ACT and NT legislating assisted dying would have consequences.
"These are not spurious nothings," he said. "They are significant issues."
Senator Pocock attempted to cut short the committee stage and bring on a vote on what he described as the "simplest of bills".
But the push failed after Labor and the Coalition opposed it.
Senator Gallagher said it was Labor policy that debate on a conscience matter cannot be "guillotined", or cut short.
She had earlier hoped the committee stage would run its course and the bill could be put to a vote on Thursday.
The no camp was caught off guard on Thursday morning, as the conservative senators and lobbyist leading the campaign had been preparing for next week's showdown.
A number of senators expected to oppose the bill were absent from the chamber for various reasons, including Labor's Deb O'Neill, Liberals Jim Molan and Hollie Hughes, and Victorian senator Ralph Babet.
But even if those senators were present, it wouldn't have been enough to turn the result.
Pocock push 'undemocratic': Lobbyist
Brendan Long, a former Labor ACT election candidate who is lobbying to defeat the bill, accused the bill's supporters of using "underhanded and undemocratic tactics" to curtail debate.
Dr Long claimed Senator Pocock knew that a number of opponents were absent from parliament and therefore not able to contribute to the debate.
He savaged the former Wallabies captain's attempt to cut short the committee stage.
"It was very wrong for Senator Pocock to try and shut down other senators making a contribution to the debate through amendments and the committee stage," he told The Canberra Times.
"It was an undemocratic approach by Senator Pocock".
Dan Jervis-Bardy
Dan covers federal politics from Parliament House, with a special focus on climate policy and the NDIS. He has previously reported on ACT politics and urban affairs since joining the Canberra Times in 2018.
Dan covers federal politics from Parliament House, with a special focus on climate policy and the NDIS. He has previously reported on ACT politics and urban affairs since joining the Canberra Times in 2018.
