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Abortion Law Reform - It's time in NSW
Thursday, 05 March 2009
Campaign overview | Greens public forum - 1 May 2009 | Why it's time for change? | Options for reform | Victoria - a case Study | Prosecutions in NSW and Victoria | Resources |
Did you know abortion is still a crime in NSW?
Abortion remains a serious criminal offence in NSW, attracting a prison sentence of up to 10 years. It has been left to judges to spell out in what circumstances an abortion can occur lawfully.
A woman or doctor can still be prosecuted in NSW and it is open for a conservative judge to change the rules on when a lawful abortion can occur.
What’s the problem with the current laws?
The potential for criminal prosecution creates risks for both women and medical practitioners. In 2000 there was an attempt to prosecute doctors performing an abortion in a Melbourne hospital. This kind of thing can still happen in NSW.
The fact that abortion is still criminalised contributes to stigma. This risks women delaying abortions and suffering extra humiliation and distress. Those in the field say that the existing criminal laws deter health workers from undertaking abortions and contribute to staffing shortages.
What’s the way forward?
Ideally, the Greens believe the Rees government should show leadership and introduce an abortion law reform bill, following the lead of the Victorian Labor government which passed new laws decriminalising abortion in late 2008.
Abortion could then be regulated by health laws, like any other medical procedure.
If the government fails to act then the Greens are committed to introducing our own reform bill.
Other states have reformed laws, can’t we?
There is a trend to modernise abortion laws in Australia and overseas.
- The ACT decriminalised abortion in 2002. Canada also has this model.
- Last year Victoria passed new laws decriminalising abortion, after an inquiry by the Victorian Law Reform Commission. Victoria now treats abortion like any other medical procedure up to 24 weeks. After 24 weeks a doctor can perform an abortion, having consulted with another doctor, if both believe it is appropriate in all the circumstances.
- In 1998 Western Australia made abortions up to 20 weeks lawful and after that with the approval of a doctors' panel. Tasmania clarified its law in 2001.
See:
- New Matilda article - Are you listenning, Nathan? by Lee Rhiannon
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