Abortion to be treated as health issue, instead of criminal one, under proposed law changes
Generational reform to SA’s abortion laws have been proposed in state parliament today that will treat it as a health issue, instead of a criminal one.
SA News
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Abortion will no longer be illegal under proposed state laws being described as a “golden opportunity” for the most significant reform in women’s health in 85 years.
Under current legislation, abortion performed in SA under certain conditions – such as without the approval of two doctors or outside a prescribed hospital – is an offence.
Attorney-General Vickie Chapman said the Termination of Pregnancy Bill, introduced to state parliament on Wednesday, would remove outdated provisions under the 1935 Criminal Law Consolidation Act, and bring SA in line with the rest of the nation.
“This will allow for lawful terminations and ensure women are protected and not faced with alternate circumstances such as having a child that is unwanted and having to give that child away,” Ms Chapman said.
Under the bill, the approval of two medical practitioners will be required only for an abortion after 22 weeks and six days gestation. Barriers to abortion services for women in regional SA will also be removed.
The current requirement of a minimum two-month’s SA residency in order to terminate a pregnancy will be removed.
And the only continuing criminal offence will relate to a seven-year imprisonment penalty to anyone who is not qualified to perform or assist an abortion.
“In this day and age, it is completely outdated that abortion is still under criminal law,” said Human Services Minister Michelle Lensink, who introduced the bill to the Upper House.
The bill will be debated in coming weeks and follows an extensive report by the SA Law Reform Institute in December that recommended abortion be regulated under health law.
Australian Medical Association SA president Chris Moy said the bill would not cause more women to choose abortion and that it maintained the adequate protections of professional standards and ethics already part of decision making.
“The legislation merely removes the burden of abortion as a criminal act for women, which is anachronistic and out of line with other states,” said Dr Moy.
SA Abortion Action Coalition co-convener Barbara Baird said: “Abortion care is health care and this bill is a golden opportunity for our laws to finally reflect that.”
Australian Christian Lobby state director Christopher Brohier said the bill was “radical” and “unacceptable” law reform and that the group would encourage MPs “to exercise their conscience to oppose it”.
Greens MLC Tammy Franks, who initiated abortion law reform in December 2018, welcomed the Bill, saying: “Most people are shocked when they learn that…abortion is still in the criminal code.…It’s now our job as MPs to fix the current laws for the better.”
More than three out of four of South Australians support decriminalisation of abortion, says a survey conducted by Flinders University researchers last year.
President of the Law Society of SA Tim White said: “While it would be very unlikely for a woman to be prosecuted in relation to terminating a pregnancy, the mere fact of it being in criminal legislation represents an outdated view and creates an unnecessary burden and stigma for women who are in an extremely vulnerable and heart-wrenching situation.”