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.
____________________________________
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.
__________________________________
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.
__________________________________
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!
______________________________
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.
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
..." Author: Jenny Stokes | Modified: 9 February 2009 |
