Victorian Law Reform Commission Report on Abortion tabled in Victorian Parliament

The VLRC Report on the 'Law of Abortion' was released on 29 May 2008.
The Final Report is a pdf document - 5.9 MB.
Downloadable from the following website - click here
Executive Summary attached below.
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As expected, the VLRC has recommended that abortion be 'decriminalised' - removed from the Crimes Act. This really means making it LEGAL.
This is not a surprise BECAUSE the government, in the 'terms of reference', asked the VLRC to "provide advice about options to:

1. Clarify the existing operation of the law in relation to terminations of pregnancy.
2. Remove from the Crimes Act 1958 offences relating to terminations of pregnancy where performed by a qualified medical practitioner(s)."

As expected, they have ignored all the people who said NO - ABOUT 80% OF THE 500 SUBMISSIONS!!!

The Report lists three legislative MODELS for the government to choose from in order to remove abortion from the Crimes Act. All laws would be placed in the Health Act.

Model A: Woman's consent - and doctor deciding if it is 'necessary'
"Under this model an abortion is lawful with the woman's consent, and when a doctor determines that the abortion is necessary because of a risk of harm to the woman if the pregnancy is not terminated."
The Report lists three options in determining 'harm'
- One: to use the Menhennitt ruling relating to health and life of the mother -

"The medical practitioner honestly believes on reasonable grounds that:
(1) the abortion is necessary to preserve the woman from serious danger to her life, or to her physical health or mental health; and
(2) the risk of having the abortion is proportionate to the risk faced by the woman if the pregnancy is not terminated.

- Two: to follow the NSW law where social and financial reasons are also allowed.

"In reaching a decision the medical practitioner may take into account economic, social or medical matters that may affect the woman's physical or mental health if she continues with the pregnancy and that may arise at any time during the pregnancy or later".

- Three: to "simplify the determination of risk of harm"

"The medical practitioner honestly believes on reasonable grounds that the abortion is necessary to preserve the woman from a risk of harm to her life, or to her physical or mental health." [Note: this removes the word 'serious'.]

Model B - Two stages - 24 weeks the dividing line
For pregnancies less than 24 weeks, a woman would be allowed to have an abortion done by a medical practitioner - for any reason.
For pregnancies of more than 24 weeks gestation, "abortion would be lawful if a doctor (or two doctors) determined that it was necessary to prevent risk of harm to the woman if the pregnancy continued".

Model C - Any abortion- ANY time
"Abortion is lawful with the woman's consent, and if performed by a medical practitioner."
This would be like the ACT, where abortion could be done for any reason at any time of the pregnancy.

VLRC Recommendations -
The VLRC Report makes 16 Recommendations about additional matters relating to laws on abortion. They reject the calls to provide information and counselling.
They include:
- Proposing that no provision be made for informed consent, counselling or cooling-off periods in Victorian law.
- Proposing that no regulation needs to be made about where abortions can be done (hospital or clinic)
- Removing Section 10 of the Crimes Act on child destruction and putting a clause in Section 5 to extend the definition of 'serious injury' if an unborn child is injured or killed.
- Allowing doctors to choose not to carry out abortions except in medical emergency - but they would have to 'refer' a patient to someone who would do it!
- Proposing that NO anti-coercion provisions or protection regarding minors be included in any proposed laws.

The REPORT
The Final Report is a pdf document - 5.9 MB. Downloadable from the following website - click here. The 3 page Executive Summary (and introductory pages) are in the attached document.
You can download the WHOLE Report or Sections of the Report at the following link:

Terms of reference: Click here.

ACTION: If you live inVictoria

1. Read the Report - or at least the Executive Summary!

2. Start contacting your SIX MPs - Ask them to oppose ALL three models for the decriminalisation of abortion as the proposals of the VLRC.
Click here for FULL details of MPs - including finding out WHO your MPs are!

Media Report:
New abortion laws considered
- News.com, AAP - May 29, 2008.

Attachments:

VLRC Report - Introduction and Executive Summary - May 2008

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