It's Never TOO Early to be ready for the Next Election
Victorian Law Reform Commission Report on Abortion tabled in Victorian Parliament TODAY
[Full details, links AND ACTION Below...]
As expected, the VLRC has recommended that abortion be 'decriminalised' - removed from the Crimes Act. This really means making it LEGAL.
This is not a surprise BECAUSE the government, in the 'terms of reference', asked the VLRC to "provide advice about options to:
1. Clarify the existing operation of the law in relation to terminations of pregnancy.
2. Remove from the Crimes Act 1958 offences relating to terminations of pregnancy where performed by a qualified medical practitioner(s)."
As expected, they have ignored all the people who said NO - ABOUT 80% OF THE 500 SUBMISSIONS!!!
The Report lists three legislative MODELS for the government to choose from in order to remove abortion from the Crimes Act.
All laws would be placed in the Health Act.
Model A: Woman's consent - and doctor deciding if it is 'necessary'
"Under this model an abortion is lawful with the woman’s consent, and when a doctor determines that the abortion is necessary because of a risk of harm to the woman if the pregnancy is not terminated."
The Report lists three options in determining 'harm'
- One: to use the Menhennitt ruling relating to health and life of the mother - "the abortion must be a necessary and proportionate response to the risk of harm faced by a pregnant woman".
- Two: to follow the NSW law where social and financial reasons are also allowed.
- Three: to "simplify the determination of risk of harm".
Model B - Two stages - 24 weeks the dividing line
For pregnanciesless than 24 weeks, a woman would be allowed to have an abortion done by a medical practitioner - for any reason.
For pregnancies of more than 24 weeks gestation, "abortion would be lawful if a doctor (or two doctors) determined that it was necessary to prevent risk of harm to the woman if the pregnancy continued".
Model C - Any abortion- ANY time
"Abortion is lawful with the woman’s consent, and if performed by a medical practitioner."
This would be like the ACT, where abortion could be done for any reason at any time of the pregnancy.
VLRC Recommendations - The VLRC Report makes 16 Recommendations. They include:
Proposing that no provision be made for informed consent, counselling or cooling-off periods in Victorian law.
Proposing that no regulation needs to be made about where abortions can be done (hospital or clinic)
Removing Section 10 of the Crimes Act on child destruction and putting a clause in Section 5 to extend the definition of 'serious injury' if an unborn child is injured or killed.
Allowing doctors to choose not to carry out abortions except in medical emergency - but they would have to 'refer' a patient to someone who would do it!
Proposing that NO anti-coercion provisions or protection regarding minors be included in any proposed laws.
The REPORT
The Final Report is a pdf document – 5.9 MB. Downloadable from the following website link…
The 3 page Executive Summary (and introductory pages) are in the attached document.
You can download the WHOLE Report or Sections of the Report at the following link:
1. Read the Report - or at least the Executive Summary!
2. Start contacting your SIX MPs - Ask them to oppose ALL three models for the decriminalisation of abortion as the proposals of the VLRC.
Details at hthttp://www.saltshakers.org.au/html/P/13/B/107/
Media Report:
New abortion laws considered - News.com, AAP - May 29, 2008 - At http://www.news.com.au/story/0,23599,23777124-1243,00.html
Research Director
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Email: jenny@saltshakers.org.au
Web: www.saltshakers.org.au
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