Victorian Abortion Laws Abortion laws in Victoria are based on the 1969 Menhennitt ruling, which states that in order for an abortion to be deemed legal, it must first be classified as both “necessary” to preserve the pregnant woman from serious danger to her life or to her physical and mental health, and “proportionate” to the danger that is being averted. The ruling does not specify that an abortion must be carried out before a particular stage of pregnancy, nor does it comment on whether or not a “lawful” abortion must be performed by a qualified medical practitioner. Furthermore, abortion remains part of the Victorian Crimes Act. Statutory provisions make it a crime to “unlawfully administer any poison or noxious thing, or use an instrument or other means, with the intent to procure miscarriage”. The crime, so defined, can be committed by either the pregnant woman herself or by the person performing the abortion. In August of this year, a doctor in New South Wales (where the abortion laws mirror those in Victoria) was found guilty of two charges of procuring an unlawful abortion on a patient, each charge carrying a maximum 10-year sentence. This ruling was a stark reminder that laws against abortion are still very much in effect. Australian women and their doctors are both vulnerable under the current legislation, which has proven itself inadequate in sufficiently protecting women’s reproductive rights. The Victorian Government has not reviewed the laws despite ongoing criticism from Government MPs, women’s lobby groups, the Australian Medical Association and members of the public. In Western Australia, Tasmania and the ACT, abortion laws have been repealed and reformed in order to protect women and their doctors against criminal prosecution. Abortion is widely accepted and practiced in Australia, with 1 in 3 women undergoing at least one abortion in their lifetimes and statistics showing that 81% of Victorians support women’s right to choice, while only 9% disagree with abortion.1 Party Stances on Abortion ALP The 2006 ALP Victorian platform states that “Labor will amend section 65 of the Crimes Act to provide that no abortion be criminal when performed by a legally qualified medical practitioner at the request of the woman concerned”2, although the matter remains the subject of a conscience vote. However, despite interest amongst many of the Labor party members to change the laws, Bracks has stated that his personal “preference has been for the current system to remain”3 and thus it is questionable whether Bracks will indeed initiate a conscience vote if re-elected. Liberal Party Despite Ted Baillieu’s personal stance supporting the decriminalisation of abortion in Victoria, he has declared that it is not an issue that the Liberal Party will be “pressing
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Women’s Health Victoria, “Abortion Issues Paper”, February 2005, p.5. Rising to the Challenges, at http://www.vic.alp.org.au/policy/platform.html. 3 Farrah Tomazin, “Bracks wants status quo on state abortion stance”, The Age, 6 September, 2006.
for desperately”4. He has further stated that while the criminal sanction may be “outdated”5 he does not believe that changing the laws will make much of a difference. The Nationals No articulated policy either at a federal- or state level. The Democrats The Victorian Democrats support the removal of abortion from the criminal laws. The Greens The Greens federal policy includes “repealing all laws which restrict the right of a woman to choose abortion and which restrict access to services”6. Socialist Alliance The Socialist Alliance party supports the removal of “abortion from all state Crimes Acts and Health Acts and mak[ing] abortion available safely, free of charge and on demand through the public health-care system”7. Family First Family First is strictly opposed to the medical procedure of abortion.
Farrah Tomazin and Paul Austin, “Baillieu supports abortion change”, The Age, 11 May, 2006. Ibid. 6 The Greens Victoria website, at http://www.vic.greens.org.au/. 7 Socialist Alliance website, at http://www.socialist-alliance.org/.
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