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.
_________________________________
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. Author: Jenny Stokes | Modified: 4 August 2008 |
