Abortion Law Reform Bill 2008

Essentially we do have legal abortions in Victoria. That is a situation that has been around since 1969 as a result of a common law judgement, but I believe the situation is currently complex and contradictory. It is really important that we create a situation where women have, and will always have, access to safe abortions and that we finally get rid of the fear and the danger of backyard abortions which the previous speaker highlighted as being really common prior to the Menhennitt decision in 1969. We certainly want to get rid of that risk, but we also want to ensure that women do not fear prosecution as a result of an abortion or that medical practitioners face prosecution as a result of performing an abortion.

The bill will regulate abortions in the same way as any other medical procedure. The woman’s consent will be required and an abortion will be available up to 24 weeks gestation. Late term abortion will be lawful if at least two doctors determine that it is necessary for medical or psychosocial circumstances. This is consistent with medical practice. I have been to various briefings and heard about the current practices that are being undertaken in Victoria. We are dealing with the situation as it exists. I do not see that this legislation will be responsible for creating more abortions. I recognise that it is always difficult to discuss late term abortions — anything that exceeds 24 weeks — but by adopting current practice we are meeting the recommendations of the Law Reform Commission, which was given the task of examining current practices and providing options to the government for removing abortion from the Crimes Act.

Of the three models that were presented the one we have carried forward, which is essentially option B, I think meets the objectives of government and ensures that we meet current practices and rid ourselves of abortion in the Crimes Act. The situation in Victoria is made legal by the decision in 1969 of Supreme Court judge Menhennitt. He set out the circumstances under our common law under which an abortion would be legal, but the current laws governing abortions are inadequate, contradictory, inconsistent and unenforceable. I think it is really bad public policy to continue to be in the situation where our statutes are so far out of kilter with our common law, and we have these laws which demonstrate no coherent public policy framework. The current laws are not clear on the rights of pregnant women, they are not clear on the rights of the medical profession, nor are they clear on the rights of the foetus or the father. I think with this piece of legislation we clarify those issues of rights and obligations. We have a clear public policy framework, which is essentially around the rights of women to a legal and safe abortion.

Clearly the abortion issue raises very major ethical and moral questions, and they are certainly being debated in this house. They are issues that are very strongly felt by all members. They come from people’s differences in terms of their moral compasses, if you like. Regardless of that, I do not believe abortion belongs in the criminal justice system. It is an issue of individual conscience, an issue which all people need to make up their minds about, and certainly pregnant women need to make up their minds about in deciding whether they should or should not terminate a pregnancy. It should not however, involve criminal sanctions against a pregnant woman or medical practitioner. That is the basis of this important piece of legislation. It ensures, in the case of an abortion done under the care of a medical practitioner, that neither the pregnant woman nor the medical practitioner will be subject to any criminal sanction; in fact that will be clearly legal.

The law on abortion, I believe, needs to be clear, and it needs to be easily understood. At the moment it is neither clear nor easily understood. I think the proposed legislation reflects current clinical practice and, probably more importantly, reflects community standards, which favour decriminalisation. Like most members here I have had an enormous number of discussions with people in my electorate, both pro life and pro choice, religious and political groups. They have come to me with very different ideas about what should happen. I think, however, it is very important that we recognise that we have a situation in Victoria which in essence allows for abortions, and we should ensure that the statutes reflect that and take the criminal sanctions out of the Crimes Act and ensure that we totally decriminalise abortion so that the statutes meet current practices and community expectations. I think this has been an important debate for this house and I believe this piece of legislation should be supported. I certainly will support it and I will not be supporting amendments.