Victoria - Decriminalisation of abortion
Status: Completed - Bill PASSED
The Victorian government introduced the Abortion Law Reform Bill to the Legislative Assembly on Wed 19 August. Debate on the Bill was held in the Legislative Assembly from 9-11 September 2008 . ALL MPs were given a conscience (or free) vote and were not be bound by party loyalties.
The Bill then went to the Legislative Council - debate on the Second reading began on Tuesday 7 October 2008. The Bill was passed by the Legislative Council on 10 October without amendments, by 23 votes to 17 votes.
Final Vote Update: 10 October 2008
The second reading vote in the Legislative Council was held on Friday 10 October at around 11 am (23 to 17). The Bill was then considered in 'committee' where amendments were proposed. All amendments were defeated.
The Bill then had a final third reading vote at about 10.30 pm, 10 October.
The Bill was passed 23 to 17.
Click here for the FINAL vote in the Legislative Council.
The second reading vote is on Page 4206.
Then amendments were considered.
The third reading (final) vote is on Page 4273.
Vote attached below.
Media report (more at bottom of page...)
Vote decriminalises Victorian abortions
The Australian, By Katie Bradford | October 11, 2008.
Update: 7 October 2008 - Abortion law Reform Bill being debated
The Victorian Legislative Council started debating the Abortion Law Reform Bill on 7 Oct. Debate on the Bill continued until late on Tuesday - then on Wednesday, Thursday and Friday. In the week prior to the debate, there was an amazing amount of lobbying and protest - the prayer rally on Sunday, a pregnant women parade yesterday, a doctors conscience meeting in Queens Hall and prayer vigils. Media reports below.
Thank you for your efforts.
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UPDATE: 12 September
The Bill passed the Second Reading in the Legislative Assembly (9/11) by 47 votes to 35. Numerous amendments were proposed following that vote - reduce to 20 weeks, counselling, partial birth abortions, parental permission for under-17s, etc.
ALL of them were deafeated.
Numerous amendments were proposed following that vote - reduce to 20 weeks, counselling, partial birth abortions, parental permission for under-17s, etc.
ALL of them were deafeated.
FINAL Third reading vote: 49 to 32 (total - 81 votes of 88 Members - President doesn't vote, 6 Members had no vote recorded).
Hansard links and details - click here for final vote - document opens at third reading vote (P 3633).
The Final vote is in the document attached at the bottom of this page.
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Background to the Abortion debate
The government said they wanted to propose a law that would not alter the current legal or clinical practice of abortion. Currently, abortion is in the Crimes Act - a legal defence can be argued based on the 1969 Menhennitt ruling - which allowed an abortion if it was necessary to save the life or physical or mental health of the mother - but it had to be weighed against the proportionate risk of continuing the pregnancy.
Read the Menhennitt Ruling - posted on our website click here (scroll to bottom of page) (see P 5).
As expected, the government is basically following Model B as proposed by the Victorian Law Reform Commission (click here for a summary of the Models).
The Abortion Law Reform Bill 2008 will remove abortion from the Crimes Act. Abortions up to 24 weeks would be allowed for ANY reason.
After 24 weeks, a woman would still be allowed to have an abortion if approved by two doctors - they can consider, physical emotional or SOCIAL factors!
Just so everyone knows what we are talking about....
 The picture on the right is a pre-born baby 11 weeks from conception.
Click here to watch an AMAZING 5 minute video called 'Baby Steps' - 4D ultrasound from 8 weeks through to birth!
The page also has photographs of pregnancy at all stages.
The government's media release says:
"After 24 weeks gestation, a registered medical practitioner may perform an abortion on a women only if the medical practitioner -
a) reasonably believes that the termination of pregnancy is appropriate in all the circumstances;
b) has consulted at least one other medical practitioner who also reasonably believes that the termination is appropriate in all the circumstances.
"In considering all the circumstances the registered medical practitioners must have regard to all relevant medical circumstances and the woman's current and future physical, psychological, and social circumstances ."
This would still allow almost any abortions after 24 weeks if 'social' circumstances are taken into account!
The Abortion Law Reform Bill - documents:
The Abortion Law Reform Bill 2008 - click here. (pdf 603 KB - 11 pages)
Explanatory Memorandum - click here. (pdf 504 KB - 5 pages)
Legislative Assembly Hansard:
9 September - Page 3303 - 3388.
10 September - Page 3471 - 3516. Second reading vote on Page 3474.
11 September - Page 3536 - 3556 and 3563 - 3573 and 3574 - 3634.
The final third reading vote is on Page 3633.
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Lobbying and debate
Some groups have lobbied for Model C - which allows abortion for any reason at any time of the pregnancy if a woman requests it. The three doctors writing the 'Give Women Total Control' article below want Model C. One of them, Lachlan De Crespigny, is the doctor who did the abortion on the 32 week old pre-born baby at the Royal Women's Hospital because it had 'suspected dwarfism'!
Some Christian groups seem to assume that abortion will be decriminalised and are trying to suggest 'amendments' to the government to make the bill a bit less offensive. The article below by Nicholas Tonti-Filippini (a Catholic) takes this line. It states that "decriminalisation has Opposition support".
HOWEVER, the Opposition has not adopted a position. The decriminalisation of abortion will be a conscience vote and we know MPs on both sides who oppose decriminalisation.
Ad Hoc Interfaith Committee
The Ad Hoc Interfaith Committee sent an Open Letter to MPs, signed by 36 religious leaders, expressing opposition to abortion and saying "We oppose abortion on demand, that is the destruction of nascent human life without limits, for which the Bill provides". However, we consider the inclusion of the words "without limits" is unfortunate as it could allow the reader or MP to assume that if the Bill included some "limits" it might be acceptable . The letter then went on to list various 'limits' that might be imposed but unfortunately, the letter did not directly ask the MPs to vote against the Bill.
Open Letter To Victorian MP's Re: Abortion Legislation
Thursday 4 September 2008.
"The Ad Hoc Interfaith Committee has sent an open letter to Victorian MP's regarding the proposed abortion legislation."
Our position
Salt Shakers opposes any decriminalisation of abortion, as the law is a guide to the society as to what is right and wrong. Any legalisation of abortion would send the wrong message about the killing of innocent human life. The sanctity of life must be protected. Abortion also has serious consequences for the woman. As Christians we must oppose the legalisation of abortion.
Any implementing of informed consent etc, needs to be done separately to opposing abortion itself.
ACTION:
It is vital that ALL Victorians contact their SIX Members of Parliament . Ask them to oppose the decriminalisation (legalisation) of abortion and vote AGAINST the Abortion Law Reform Bill 2008 .
Contact details for MPs: click here.
Please write, email, phone or VISIT your MPs!
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Information and Articles
Salt Shakers Abortion pages: click here.
Articles opposing the decriminalisation of abortion:
Pleas for living from the unborn
Herald Sun, Mirko Bagaric, August 19, 2008.
LEGAL PERSPECTIVES ON THE ABORTION DEBATE
Charles Francis, LAW INSTITUTE JOURNAL (Vic): March 2008
Re-printed at Endeavour Forum.
VICTORIA: Abortion bill cannot enforce gestational limits
Charles Francis AM, QC.
News Weekly 11 October 2008 (Attached below)
Charles Francis AM QC is a retired barrister who has obtained settlements for women who sued abortionists for their failure to warn of the psychological and physical risks of abortion.
In this article he writes that the 24 week limit cannot be enforced - after 24 weeks, the law proposes that two doctors must 'approve' - but they can BOTH be abortionists.
They can consider social and otehr reasons...
The right not to kill
Frank Brennan, Eureka Street , September 08, 2008.
A mockery of human rights
Christopher Prowse, Herald Sun, September 09, 2008.
The Catholic Auxiliary Bishop of Melbourne writes "THE Victorian Abortion Reform Bill should be rejected by Parliament and the community as a breach of fundamental human rights...."
Breaking the truce on abortion
Dr David van Gend, Online Opinion, 12 September 2008.
Media articles:
New law to give abortion right
The Age , August 16, 2008
Support when it really counts
Nicholas Tonti-Filippini, The Age, 15/8/2008
"Abortion is not a routine medical procedure: it must be regulated.
Support widespread for late-term abortion
The Age, 18/8/2008.
Woman given freedom to have abortion at up to 24 weeks
Herald Sun, 19/8/2008
New abortion laws introduced
ABC - 19/8/2008.
Law change 'won't create abortion rush'
The Australian , 19/8/2008.
MPs face abortion dilemma
Herald Sun , 19/8/2008.
Protesters resist Government's abortion plans
The Age , 19/8/2008.
Rushed abortion laws fail women and ignore ethics
Christian Today , 19/8/2008.
MP's emotional abortion story may help 'shatter taboo'
The Age, August 19, 2008. Greens MP Colleen Hartland's story ...
Labor MP says abortion bill akin to neglect
The Australian , 20/8/2008.
Push for more information, advice
The Age , 19/8/2008.
Health service backs abortion bill
ABC , 20/8/2008.
Anti-abortion group campaigns against bill
ABC , 20/8/2008.
Campaigner Kirner hails abortion law victory
The Age , 20/8//2008.
Abortion Bill creates controversy
The Australian , 20/8/2008.
Late-term abortions in legal 'grey area'
The Australian - 29/8/2008.
Lachlan de Crespigny retires from doing 'late-term abortions'.
Baby the wrong gender? Abort it, says expert
The Australian - 1/9/2008.
Top scientist says 'no' to abortion bill
The Age - September 2, 2008.
"LATE-TERM abortion "survivor" Gianna Jessen and Professor Graeme Clark ..."
Women's hospital staff back more liberal abortion law
The Age, 3/9/2008.
Activists target MPs on abortion
The Age, 6/9/2008.
Abortion - the way we were
The Age - 6/9/2008.
Abortions blamed on social pressure
SHS, 7/9/2008.
Baillieu rejects Costello's stance on abortion
The Age - 8/9/2008.
Act of conscience
The Age - 8/9/2008. Feature article analysis.
Brumby stands solid behind bill to reform abortion law
The Age - 9/9/2008.
Includes a report of the meeting at Parliament House with Gianna Jessen and Prof Graeme Clark held by the Ad Hoc Interfaith Committee.
Brumby confident abortion laws will pass
The Age, 9/9/2008.
Victoria, Australia Set to Drop Abortion from Crimes Act
Lifesite - 8/9/2008.
Bionic ear pioneer opposes late abortion
The Age - 8/9/2008.
Minister tells of abortion hate-mail
Herald Sun, September 10, 2008
Abortion bill splits parties
The Age - September 10, 2008
MP speaks of loss of 22-1/2-week baby
The Age - 12/9/2008.
Crunch time in abortion vote in Victorian Parliament - HS , 12/9/2008.
Bill passes Legislative Assembly with NO amendments - now goes to Legislative Council for debate and vote in early October.
Termination bill hangs on votes of four MPs
The Age, September 14, 2008
Analysis of the numbers in the Legislative Council.
Gloves come off in battle over abortion
The Age, Michael Bachelard, September 14, 2008
Analysis of the tactics of various groups.
Theophanous fights abortion bill
Herald Sun , September 15, 2008.
Final Legislative Council vote:
Vote decriminalises Victorian abortions
The Australian, By Katie Bradford | October 11, 2008.
Articles supporting the decriminalisation of abortion:
Giving women total control
Roger Short, Lachlan De Crespigny and Julian Savulescu
The Age, August 15, 2008.
"Every birth should be a wanted birth. That must be the aim in Victoria ..."
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