Abortion will no longer be a crime in Queensland after historic vote

Abortion will no longer be a crime in Queensland, after state MPs voted on Wednesday night to remove the procedure from the criminal code.

The historic reforms were passed in the Queensland Parliament on Wednesday night via a conscience vote, with the support of LNP members Tim Nicholls, Jann Stuckey and Steve Minnikin helping to ensure its success at the second reading and final vote.

Pro-choice supporters who rallied in Brisbane on the weekend had a victory on Wednesday night, when reforms were passed.Credit: Glenn Hunt/AAP

The Termination of Pregnancy Bill removes the procedure from the criminal code, allows abortion on request up to 22 weeks and introduces safe access zones of 150 metres around clinics to shield women from harassment.

It also allows abortion after 22 weeks with consent from two doctors, and requires conscientious objectors to refer women to a medical practitioner who will perform a termination.

The bill passed its second reading 51 votes to 41, before moving on to consider amendments.

Labor's Linus Power abstained from the final vote, which passed 50 votes to 41.

Maverick Labor MP Jo-Ann Miller did not speak during the debate but voted against the bill. She was the only Labor MP to vote against the bill.

When the bill was passed, dozens of people in the packed public gallery broke out into loud cheers and applause, with several women crying and hugging each other.

Independent Sandy Bolton and Greens MP Michael Berkman also supported the Palaszczuk government's bill at the second reading.

Mr Nicholls was the leader of the LNP during a previous attempt to reform abortion laws by former independent MP Rob Pyne in 2016 when the opposition decided to not support either bill, despite allowing its members a conscience vote.

Former leader Tim Nicholls was one of three LNP MPs to vote in favour of the bill.Credit: Dan Peled/AAP

"I ... said very clearly I could not support [Mr Pyne's] laws; they were rushed, poorly thought through and would have, in my view, created uncertainty and confusion," Mr Nicholls said.

Now a backbencher, Mr Nicholls said he did not support abortion but he supported women and their right to control their own reproductive health.

"The law existed at a time when women were considered unable to own property or even vote, a position untenable in today's society," he said.

"The current law is bad law ... The law fails my beliefs and it fails to support the best interests of the community, and in particular women in our community, and should be changed."

Deputy Premier Jackie Trad said she believed if men were capable of bearing children, Queensland would not be having the conversation today.

"The right of women to control their own reproduction, their own bodies, is such an important part of equality in our society," she said.

"To prioritise the rights of a fetus above that of a woman is something that I find offensive.

"Because the logical conclusion to that argument is that a woman should be forced to continue an unwanted pregnancy.

"In this day and age, I think that is something that doesn't belong in our society — it's something that is familiar to me from The Handmaid's Tale, rather than Queensland legislation in the 21st century."

In terms of claims the bill facilitated late-term abortions, Ms Trad said the suggestion that women somehow woke up at 37 weeks' gestation and decided they no longer wanted to be pregnant was offensive.

"Those who are putting forward that argument need only look at the statistics from Victoria and even from Queensland — 99 per cent of abortions are procured before 20 weeks and most of them before 12," she said.

"Those after 20 weeks involve very complicated medical conditions."

The three Katter's Australian Party MPs and One Nation's Stephen Andrew voted against the bill.

LNP member Mark McArdle moved amendments, including lowering the gestation limit from 22 to 16 weeks, which were overwhelmingly defeated, with only 10 MPs — including Labor’s Mr Power, Anthony Lynham and Jim Madden – supporting them.

His other amendments, including requiring two doctors to consult with a woman in person and mandating counselling, also failed, with only a small number of MPs supporting them.

An amendment to remove a requirement for a doctor with a conscientious objection to refer women to a provider who would perform a termination was supported by 14 MPs, including Labor’s Mr Madden, Joe Kelly and Mr Power.

The Parliament’s sitting hours were extended so the bill could be finalised on Wednesday night.

During an often passionate and emotional debate over two days, 69 out of 93 members spoke in Parliament.

LNP member for Surfers Paradise John-Paul Langbroek said he believed abortion should not be in the criminal code but he was concerned with aspects of Labor's bill, and he could not support it.

"The issue of choice is complex and delicate enough without conflating it with another very complex issue: free speech," he said.

Attorney-General Yvette D'Ath tackled remarks from several LNP members who said they supported decriminalisation but could not support the bill because of issues with certain aspects.

"How many reviews and how many reports do we have to have before we finally exercise our obligations?" she asked. "If not now, when? We must do this."

Member for Burdekin Dale Last said he was concerned women and their partners could consider abortions for sex-selection, after their relationship ended or if the mother lost her job.

"To me, this is nothing short of murder," he said.

KAP member for Hinchinbrook Nick Dametto told of how his now-wife fell pregnant while the couple was still in high school.

"It would have been easier to abort — no one would ever have known," he said.

"It would have changed our lives and we would be in a completely different place today."

However, Mr Dametto said he would not be able to live with the "killing of our unborn son or daughter" on his conscience, and he would not support the bill.

New South Wales will now be the only Australian jurisdiction where abortion remains a criminal offence.