Zoe’s Law: Politicians run out of time to take conscience vote

STATE politicians have ran out of time to make a conscience vote on the controversial Zoe’s Law bill, now unlikely to become a reality before the state election next year.

• Devine: Law must protect unborn babies

STATE politicians have ran out of time to make a conscience vote on the controversial Zoe’s Law bill, now unlikely to become a reality before the state election next year.

Politicians in the Upper House chewed up time on other issues this morning before the house rose at 1pm, meaning Zoe’s Law was not discussed.

There is a slim chance it could be brought up again next week but supporters say this is unlikely.

The Shooters, Fishers and Farmers’ bid to bring up their legislation to dump the lockout laws also failed.

MP Reverend Fred Nile introduced the “Zoe’s Law” bill into the Upper House.

“Zoe’s Law” has been bouncing around Parliament House for five years and has always stalled before it became legislation.

The current iteration of the law would make it an offence to use a criminal act to harm or kill an unborn child from 24 weeks’ gestation.

Supporters of the law say amendments have been included to protect a woman’s right to an abortion, however detractors — including Family Planning and the Law Society — say it risks abortion rights and could make a woman criminal liable if she has an abortion.

“I fear that it could be used to restrict a woman’s right to choose,” Labor MP Walt Secord said.

NSW Family Planning Director of Medical Services Dr Deb Bateson said the proposed law was a “great risk” to the reproductive independence of women.

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“This bill is unnecessary and presents a real risk to women’s reproductive rights by giving legal personhood to a fetus,” Dr Bateson said.

“This change to the law could be used to further restrict access to lawful abortions and we’re worried, this provision could see women who have an abortion, treated as serious criminals.”

On Wednesday Premier Gladys Berejiklian said she would introduce her own version of the law in 2019 after the government sought legal advice on the issue.

“These new laws will not affect existing laws on abortion,” she said.

A month ago The Daily Telegraph revealed Ms Berejiklian had sought legal advice on how to address the issue.

The push to have Zoe’s Law be voted on this week was backed by two women — Brodie Donegan and Jacqueline Sparks — who lost unborn daughters in separate car crashes over the past decade.

Brodie Donegan never gave Reverend Nile permission to name the law after her daughter but she supports the principal of the legislation. Picture: Justin Lloyd

“It doesn’t make sense to me that I had to go through a funeral for my daughter, a birth certificate … but charges can’t be laid to actually recognise my daughter’s life,” Ms Sparks said.

Reverend Fred Nile first introduced the law in 2013 as “Zoe’s Law” in honour of Ms Donegan’s daughter.

Ms Donegan told The Daily Telegraph while she never gave Reverend Nile permission to name the law after her daughter she supports the principal of the legislation.

At 32 weeks’ pregnant Ms Donegan lost her daughter when her car was hit by a drug driver on Christmas Day in 2009.

Ms Donegan, 38, has been lobbying for eight years to change the law.

“If it doesn’t happen now than it won’t happen until after the next accident when everyone remembers how crap it is and there’s another groundswell.”

Ambulance officers treat Brodie Donegan after her car was hit by a drug driver on Christmas Day in 2009.

Ms Donegan is joined in her lobbying by Ms Sparks who was 32 weeks pregnant in 2013 when she was involved in a car crash that took the life of her daughter Mia.

The law would hold someone legally accountable if their actions took an unborn child’s life.

“Does it need to be quadruplets for the Premier to do something?” Ms Sparks said.

“Everyone wants it passed so do it.”

Jacqueline Sparks was 32 weeks’ pregnant in 2013 when she was involved in a car crash that took the life of daughter Mia.

Ms Sparks, 31, had to have a hysterectomy due to the injuries she suffered in the car crash and while the driver was charged over the crash, Mia’s death was only included as an “injury” to her mother.

“Criminally he was never recognised or held accountable for the loss of her life,” she said.

“Mia was my first and only … I don’t get another shot.

“For Mia to be listed as an injury is not fair. It doesn’t make sense to me that I had to go through a funeral for her, a birth certificate … but charges can’t be laid to actually recognise my daughter’s life.”

Ms Sparks said the law’s link to Reverend Nile made people fear it was religiously motivated or anti-abortion.

“It’s nothing to do with that, when you take the time to read the bill it clearly states that it’s in regards to the criminal act of harm or destruction of a foetus more than 24 weeks, nothing to do with medical (procedure).”

Ms Sparks called on politicians to “stop passing the buck” and finally make the laws a reality.

“How many more times does this have to happen?”