Decriminalisation of abortion - bill proposed in Victoria

ACTIVE CAMPAIGN - July - August 2007
The decriminalisation of abortion in Victoria has moved a step closer.
Labor MP Candy Broad introduced a Private Member's Bill into the Victorian Legislative Council on 17 July 2007 to 'decriminalise abortion'.

The Bill and Explanatory Memorandum.
Click here to read.
Once on the legislation page, click on 'Parliamentary Documents', then on 'Bills' then on:
9. Crimes (Decriminalisation of abortion) Bill 2007

Click here to read Candy Broad's second reading speech (19 July 2007).

A conscience vote on the matter will be given to ALL MPs.
It was scheduled to be debated on 7 August 2007.
It has been postponed - perhaps due to the leadership changes (see article at bottom of page).

It waas then scheduled to be debated in the Legislative Council on TUESDAY 21 AUGUST.
Our sources tell us it is listed as 'government business' even though it is a private member's bill!

UPDATE: 24 August 2007
Abortion bill withdrawn BUT...
The good news is that Candy Broad's bill to 'decriminalise' abortion has been withdrawn.
The bad news is that Premier John Brumby's plan (supported by Cabinet) is to send the issue to the Victorian Law Reform Commission to consider.

The Premier's official media release says "Mr Brumby said the Government would ask the Commission for advice on removing abortion offences from the Crimes Act and clarifying under what circumstances abortion was legal. . . The Commission would be asked for advice on drafting laws that reflect existing Victorian abortion practices following the 1969 Menhennit ruling, which explained the circumstances in which a termination may be lawful."
The media statement said "
The VLRC will be asked to report by March 2008."
It concluded "Following receipt and consideration of the report, the Government will put before the Parliament a Bill to modernise Victorian abortion law. This will be the subject of a conscience vote for all Government MPs."

So it looks like the GOVERNMENT has already made up its mind - it is not a question for them of IF abortion should be legalised but HOW!

It is still important to contact our MPs as it will come to the parliament early next year.

Proposal
The current situation in Victoria is that abortion is 'illegal' under Section 65 of the Crimes Act. However the Menhennitt court ruling from 1969 provides a legal defence against the crime of abortion if it is done to preserve the life or physical or mental health of the mother. (Menhennitt decision atttached below).

The proposed bill would remove Section 65 (and 66) from the Crimes Act. It would be replaced with another section creating a new offence - that anyone other than a doctor who performed an abortion would be committing a serious offence attracting five years' jail.

Even though some Labor MPs have said it goes 'too far' and want a 'compromise' bill (see below), this is really just implementing Labor Party policy.
At their 2006 conference the Victorian Labor Party adopted a policy that said"
"Labor will amend section 65 of the Crimes Act to provide that no abortion be criminal when performed by a legally qualified medical practitioner at the request of the woman concerned". ALP Platform 2006, Section 3.38 - P 50

What would really happen is that abortion would be LEGALISED in Victoria - not just 'decriminalised'.

The proposed bill would have the effect of allowing ALL abortions so long as they are done by a doctor - in effect removing any restrictions relating to the age of the pre-born baby and allowing abortion at any time for any reason during the pregnancy.
Some MPs are suggesting a different Bill which would put the current legal 'defences' - abortion done for the life or physical or mental health of the mother) into the Health Act) --- more details below the ACTION section.

ACTION is needed immediately. . .
See the sections following this ACTION section for more information about the proposal, the question of 'child destruction', more updates and a full list of media articles. Andrew Bolt has written opposing the bill...

More information on the proposed Bill...

CADOA campaign
The Coalition Against Decriminalisation Of Abortion is campaigning against the Bill.
Click here for their website - it has the latest information and articles on the proposal.

Catholic bishops oppose Bill
The Victorian Catholic bishops, including Archbishop Denis Hart, have released a statement opposing the proposed decriminalisation of abortion.
Click here to read their statement.
Click here for the Catholic News report.

Labor Sports Minister James Merlino has said he will vote against Candy Broad's bill to decriminalise abortion. Click here for article from The Age.

Child Destruction
One media report noted that the Child Destruction section of the Crimes Act (Section 10) would not be touched. The journalists conclusion was that "The current crime of child destruction would be preserved, keeping the law regarding late terminations unchanged."

HOWEVER we have received legal advice from 2 QCs that this Section 10 on child destruction, which speaks of killing a child after 28 weeks of pregnancy, does not inhibit abortions - since it uses the word UNLAWFULLY.

Section 10 says in part "Any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act unlawfully causes such child to die before it has an existence independent of its mother shall be guilty of the indictable offence of child destruction." Click here for Section 10, Crimes Act.

With the current Menhennitt ruling, if an abortion is deemed 'lawful' by the conditions specified of life and health, then Section 10 would not apply since it only deals with 'unlawful' killing.

If the government legislates to make abortions legal by removing Section 65 - just requiring that they be done by a doctor - then the abortion would be LEGAL or LAWFUL and Section 10 would not apply. It is designed for instances such as an injury to a pregnant woman that kills her unborn child.
This is one reason that no charges were laid against the doctors who preformed the abortion on a 32 week pre-born with suspected 'dwarfism'.

This may be a ploy used to get people to think the proposed law will contain restrictions!

Some commentators are saying that some 'amendments' may be made during the debate to restrict the scope of the bill in order to gain the support of Members to pass a bill.

Counter Proposal by OTHER Labor MPs
Some Labor MPs - Bronwyn Pike and John Brumby and Steve Bracks have said they are unhappy with the extent of Candy Broad's proposed abortion bill (which would remove it from the Crimes Act and basically legalise abortion for any reason).

These MPs are still in favour of 'reform' and have proposed ANOTHER Bill which would remove abortion from the Crimes Act and put it into the Health Act.
But this Bill would still allow abortions for health and other reasons. These MPs claim they would put into law the Menhennitt court ruling from 1969 which provides a defence against the crime of abortion if it is done to preserve the life or physical or mental health of the mother.
The full decision by Justice Menhennitt (R v DAVIDSON [1969] VR 667) is attached below.
Click here for media report.
Another report claimed it would also include social and financial reasons (although that is what the NSW Levine ruling allowed.)

Media articles:

State abortion vote looms
The Age, Carol Nader and David Rood - July 18, 2007.

Vic abortion bill set to spark debate
The Age, July 17, 2007

Bracks opens door to Broad brushstrokes
The Age, Paul Austin - July 18, 2007 -ANALYSIS

Conscience vote on abortion law
Herald Sun, Ellen Whinnett and Ashley Gardiner - July 18, 2007.

Counter Proposal...

MPs seek safeguards on abortion
The Age, Carol Nader and Paul Austin - July 19, 2007

Bid for second pro-abortion Bill
Herald Sun, July 20, 2007

Catholic Bishops and James Merlino oppose Bill

Victoria's Catholic Bishops call on Parliamentarians to reject plans to decriminalise abortion (actual statement from bishops)

Vic bishops attack abortion move
Catholic News, 25 July 2007

Conservative's tougher abortion stance
The Age, 25 July 2007.

Andrew Bolt writes about the abortion of Baby Jessica, the 32 week old pre-born with suspected dwarfism who was aborted, and opposes the proposed Bill.
A vote to kill
Andrew Bolt, Herald Sun, 25 July 2007.

Paul Austin reports on the politics witin Labor...

Messy politics masks Labor's shift on abortion
The Age, 26 July 2007.

The right to life is the most important of all
The Age, Rita Joseph, July 27, 2007
Rita writes about the rights of the child and urges politicians not to decriminalise abortion in Victoria.

Charles Francis writes about the risks that abortion poses for women
Abortion risk to women
Charles Francis, Herald Sun , July 31, 2007.

Bill postponed to 21 August

Abortion Bill delay
Herald Sun, 4 August 2007.

Attachments:

R V DAVIDSON [1969] VR 667 - Menhennitt ruling on abortion

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