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bill withdrawn BUT...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withdrawn.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...
ACTION:
Victorians -
Please contact your FIVE members in the Legislative Council
immediately - ask them not to support the 'decriminalisation of abortion' in
Victoria in any
form.
Also write to your
own Legislative Assembly member.
If you
live in Victoria, click here
to find ALL your SIX MPs.
Just use
the section titled 'Search by your Home Address' - type in your address and
click on 'Search'.
For a list of all Victorian MPs... click here.
Click here
for our Victorian Parliament contact
page.
___________________________________
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. Author: Jenny Stokes | Modified: 27 February 2008 |
