By EK Wills
Why do women not get to say what happens with their bodies? And why are we still talking about this in this day and age?
Abortion is a criminal offense in NSW which is different to other states in Australia. It can be confusing to work out what is actually going on so a summary can help put it in perspective. A recent article by the ABC covers it in depth but I have simplified it below:
Queensland decriminalised abortion in late 2018 - for any reason up to 22 weeks
-after 22 weeks, two medical practitioners must consider "all relevant medical circumstances; and the woman's current and future physical, psychological and social circumstances" as well as professional standards and guidelines.
Victoria decriminalised abortion in 2008 - for any reason legal up to 24 weeks,
- after 24 weeks, two doctors must agree that in all the circumstances an abortion is appropriate
ACT abortion was decriminalised in 2002 - abortion may only be performed by a registered medical practitioner in an approved
medical facility
South Australia - "unlawful" abortion is punishable with life imprisonment for women and doctors
- lawful up to 28 weeks in certain circumstances
- legal if two medical practitioners are "of the opinion, formed in good faith" that the continuation of pregnancy would involve greater risk of injury to the life, physical or mental health of the woman than if the pregnancy were terminated
Western Australia - removed offences relating to abortion and regulated abortion
- legal up to 20 weeks with informed consent and can only be given if the medical practitioner has offered the woman a referral to counselling services
- After 20 weeks, two doctors on a panel of six must agree that the mother or the unborn child "has a severe medical condition that, in the clinical judgment of those two medical practitioners, justifies the procedure"
-
Tasmania, abortion is legal for any reason up to 16 weeks with informed consent.
- After 16 weeks, two medical practitioners must reasonably believe "the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated".
In NSW, a Reform Bill was introduced to Parliament on August 1 aiming to decriminalise abortion .
In its first form, the bill allowed for - abortion for any reason up to 22 weeks.
-After 22 weeks two medical practitioners would need to "consider that, in all the circumstances, the termination should be performed".
A second draft of the bill was passed by the NSW Lower House with the following changes:
-a medical practitioner must assess whether the person requesting an abortion requires counselling
-abortions after 22 weeks must be performed at a hospital or approved health facility
- an abortion performed before 22 weeks, there must be "informed consent".
- after 22 weeks, the new bill requires "specialist medical practitioners", rather than "medical practitioners"
- plus a review into gender-selective abortion within 12 months
More amendments are currently being debated in the Upper House.
We need this topic to be finalised in order to send the message that it is not a crime for a woman to be able to make a decision about what happens with her own body and that measures can be put in place to best assist them to make those choices.
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