The Termination of Pregnancy Bill 2018 has just been introduced to parliament in Queensland, a state of Australia. The bill is based on recommendations put forward by the Queensland Law Reform Commission, which published its Review of termination of pregnancy report in June. The most pertinent conclusion was to ‘alter the current law to provide that a termination is lawful if it is performed by a medical practitioner and, for terminations after 22 weeks, in accordance with the stated requirements for a lawful termination’. In short, the intention is to decriminalise abortion, making it a ‘health matter’, not a criminal matter.

Currently in Queensland, having an abortion or assisting in an abortion is technically a criminal offence under sections 224-226 of the Criminal Code, although section 282 allows for exceptions if it is ‘to preserve the mother’s life’. However a Victorian ruling by Justice Menhennit in R v Davidson (1969) declared that abortion was lawful if a doctor thought it was

necessary to preserve the woman from a serious danger to her life or physical or mental health (not being merely the normal dangers of pregnancy and childbirth) which the continuance of pregnancy would entail; and in the circumstances not out of proportion to the danger to be averted’

and the 1986 McGuire ruling in the District Court opined that this was also the case in Queensland. Since that ruling, abortion has become widely available. According to Children by Choice, it is ‘generally accepted that somewhere between 10,000 and 14,000 abortions take place each year in Queensland’. It seems obvious that most abortions in Queensland are not necessary to preserve the woman from a serious danger to her life or physical or mental health, and the law is being ignored.

According to the Queensland Law Reform Commission and the Labor Party of Queensland, the solution is to decriminalise abortion for up to 22 weeks, and with the consent of two doctors, make it permissible at any time until birth. What are the key conditions for abortions after 22 weeks? The doctors must give regard to ‘the woman’s current and future physical, psychological and social circumstances’. But of course this is less stringent that the current restriction that the abortion must be necessary to preserve from a serious danger to life or health, and which is ignored anyway! Effectively, it gives the green light to abortion up until birth, giving Queensland some of the most liberal abortion laws in the world.

It seems from the latest opinion polling that 60% of voters oppose abortion after 13 weeks, and 52% oppose abortion for any reason, putting the recommended new laws out of step with community views. Unfortunately, Queensland does not have an upper legislative house, and so there is not a check on legislation, unlike in New South Wales where the Senate voted down changes into abortion law in 2017. Hopefully, there will sufficient opposition from both the public and parliament to prevent the bill being passed. Public submissions will open in the near future, so when this is available, be sure to make a submission. Concerned Queensland voters should contact their Member of  Parliament. A summary of their personal views can be found here. Labor is permitting a conscience vote, so the result is not predetermined.

A final note: it is a scandal that abortion statistics are not officially recorded in Queensland. We do not know how many human beings have their lives ended this way – we can only guess.

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