SA Parliament abortion debate to start in new year as Law Reform Institute recommends reform

Abortion should be decriminalised in SA, recommends a new report that gives two options to reform the 50-year-old law.

Abortion should be treated like a medical issue rather than a criminal matter, with reform options including tougher restrictions on procedures later in pregnancy, a major review for the State Government finds.

The SA Law Reform Institute, led by highly respected academic John Williams, has made the recommendations in a report that will form the basis of a conscience vote on the controversial issue to be held in State Parliament next year.

Professor Williams said abortion should be decriminalised, and dealt with under health rather than criminal laws, and a woman’s “autonomy” and care should be “respected and promoted”.

“The current law dates to 1969 and is outdated,” he said.

“The legal framework and criminal law focus has an adverse effect on both patients and health staff, and creates additional barriers to accessing relevant services for women in rural, regional, remote and Aboriginal communities.”

One reform option is to make abortion legal at all gestational stages, with the woman’s consent and if it is performed by an appropriate health practitioner.

The second “reflects current clinical practice”, and requires that when a woman requests an abortion after 24 weeks gestation the first medical practitioner is required to consult with at least one other.

Professor Williams said the second option recognised that later stage abortions “often involve complications, distress, complexities and higher risks to a pregnant woman”.

Deputy Premier Vickie Chapman said she planned to prepare proposed legislation which would stipulate a second opinion is required after 22 weeks and six days’ gestation.

“Given the complexity and sensitivity of this issue, it’s important to ensure any legislation incorporates best clinical health practice and remains the subject of a comprehensive framework of health law, professional protocols and guidelines,” she said.

“The issue of abortion can be very divisive in the community, so I’m pleased to see so many South Australians took the time to provide their constructive input.”

Conservative Liberal MP Sam Duluk said he was concerned about the prospect of exclusion zones around clinics, which would effectively prevent anti-abortion campaigners from staging protests.

“I believe freedom of speech is fundamental to this nation and our democracy,” he said.