Although the statistics can be hazy, it’s estimated between one quarter and one third of Australian women will experience an abortion in their lifetime.
However, the legality of the procedure differs dramatically between each state and many don’t realise that technically, in some states a woman could be imprisoned for 10 years for having an abortion.
And after today, that’s the way it will stay – for the time being.
A Greens’ bill to decriminalise abortion and create protest-free zones around clinics in NSW – a move supported by doctors, lawyers, teachers, academics, unions and civil rights groups – was voted down in parliament 14 – 25 this morning.
Not a single member of the Coalition voted for the reforms which would bring NSW’s laws in line with other states in the country.
Green MLC Mehreen Faruqi, who introduced the Abortion Law Reform Bill last year, says the “archaic” provisions are perpetuating harmful stigmas and confusion around the procedure.
“The uncertainty surrounding abortion law means it has become a confusing, grey area, placing women and medical practitioners in difficult territory and at risk of prosecution and persecution,” Ms Faruqi said.
“Many doctors do not perform pregnancy terminations because of this risk.”
Currently, women in NSW are not entitled to abortion on demand and face ten years imprisonment for procuring one, while doctors who supply “any drug or noxious thing, or any instrument or thing whatsoever” that would result in an abortion is punishable by imprisonment for up to five years.
However, abortions aren’t criminal if they’re performed to protect a women’s mental or physical health. A legal precedent set in 1971 meant financial and social stresses were included in the doctor’s assessment of a woman’s mental health.
In comparison, abortions are legal in ACT and South Australia as long as the procedure is performed in a hospital, which means those women don’t have access to RU486 – an “abortion pill” which was legalised in Australia in 2006.
The Catholic Church and the Christian lobby petitioned members of parliament to reject the changes.
Sydney Archbishop Anthony Fisher is steadfastly opposed to the bill that would remove abortions from the Criminal Act and has called Catholics to “urgent action” to oppose the bill.
“Archbishop Fisher has asked all Catholics in Sydney and others of goodwill to defend life by giving a voice to unborn and signing a petition to the NSW members of parliament,” it says on the archdiocese’s website.
Earlier this year, independent MP Rob Pyne introduced legislation to remove abortion from Queensland’s criminal code to bring the standard of reproductive health in line with the laws in other states.
However, the debate was cancelled when it was proved the bills were unlikely to succeed – despite 80 per cent of the state’s residents supporting a legal change.
“It’s 2017 and time to make sure that women having pregnancy termination and their doctors are not considered criminal,” Ms Faruqi said.
“Provisions similar to this bill have been operating effectively for a number of years in many other jurisdictions of this country. It doesn’t force anyone to do anything they don’t want to, nor does it take a position on abortions.”
