Abortion legalised in Victoria in
2008
Up until October 2008, abortion was in the Crimes Act -
prohibited under Section 65 and Section 66.
In 1969, Justice Menhennitt made a ruling, in
R v Davidson, saying that, although abortion was a crime,
there would be a defence if the abortion was seen to be necessary to save the
life or health of the mother and was proportionate to the risks involved in
continuing with the pregnancy.
Read the Menhennitt Ruling – posted on
our website click here (scroll to
bottom of page) (see P 5).
In the intervening time, no-one had been prosecuted in Victoria for
abortion.
* 2006 - During 2006, some MPs,
namely Carolyn Hirsch, started to promote the idea of decriminalising
abortion. Labor women under the leadership of former Premier Joan Kirner, say
they had worked on this for 20 years. Premier Steve Bracks appears to have
persuaded her to drop the matter prior to eh November 2006 election.
* 2006 Election - Prior to the
election, the Coalition Against the Decriminalisation of Abortion (CADOA) was
formed to highlight the fact that if Labor was re-elected they planned to pursue
the matter of decriminalising abortion and removing it from the Crimes Act. This
pledge was also included in the ALP Platform.
* 17 July 2007 - Labor MP Candy
Broad introduced a Private Member's Bill into the Victorian Legislative
Council to 'decriminalise abortion' - click here for
more details.
* 24 August 2007 - Candy Broad
withdrew her Bill.
Premier John Brumby's plan (supported by Cabinet) is to
send the issue to the Victorian Law Reform Commission to
consider. Click here for
details.
* 29 May 2008 - VLRC Inquiry -
After conducting an Inquiry, taking submissions and consulting, the VLRC
released their Report : Law of Abortion".
The Report proposed three possible
models. Click here
for details, links and Report.
* 19 August 2008 - The Brumby
Government introduced the Abortion Law Reform Bill into the
Legislative Assembly. They chose Model B - allowing abortion for any treason up
to 24 weeks of pregnancy and after that if two doctors approve taking into
consideration life and health and social circumstances.
All MPs had a conscience vote. The legislative assembly debated the Bill on
* 11 September 2008: 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 defeated.
FINAL
Third reading vote: 49 to 32 (total – 81 votes
of 88 Members - President doesn't vote, 6 Members had no vote
recorded).
Click here
for our campaign page with full details on the Abortion Law Reform Bill, voting
details etc.
* 7-10 October 2008 - Legislative
Council: The Bill was debated in the Council. The Bill passed the second reading
by 23 votes to 17.
All proposed amendments were defeated.
The final third
reading vote was 23 votes to 17.
Click here
for our campaign page with full details on the Abortion Law Reform Bill, voting
details etc. Author: Jenny Stokes | Modified: 20 October 2008 |
