The NSW Council for Civil Liberties applauds the initiative of Alex Greenwich MP in bringing forward the Reproductive Health Care Reform Bill 2019. If passed by the NSW Parliament this Bill will decriminalise abortion in NSW and provide the women of NSW with the right to make their own choices about their reproductive health and options.
NSW is the only state or territory which still treats abortion as a criminal act. To obtain a legal abortion in NSW women have to establish exceptional circumstances – ie. that it is necessary to preserve a woman from serious danger to her life or to her mental or physical health and it is not out of proportion to the danger to be averted.
Having to rely on this limited defence is a deeply flawed and unsatisfactory legal position for both women and medical practitioners and results in many women not being able to access safe abortions.
It is well-beyond time for the NSW Parliament to act in the interests of women in this state. Our current law dates from 1900.
The Greenwich Bill, which is closely modelled on Queensland’s and Victoria’s laws, is clear, balanced and sensible. The provisions in the Crimes Act relating to abortions will be repealed and common law offences relating to abortion abolished.
It will be legal for medical practitioners to perform a termination on a person who is not more than 22 weeks pregnant. The vast majority of terminations occur before 22 weeks.
For a person who is more than 22 weeks pregnant, the medical practitioner and one other must both consider if the termination ‘should be performed’. In making this decision they are required to consider all relevant medical circumstances, current and future physical, psychological and social circumstances and professional standards and guidelines.
The Bill respects the rights of medical practitioners with conscientious objection but requires them to refer the person to a practitioner who, in their belief, does not have a conscientious objection.
This Bill will bring much needed certainty to NSW women and medical practitioners and make it easier and safer for women choosing to have a termination of pregnancy.
The NSW Council for Civil Liberties expresses its appreciation to the Parliamentarians who have come together to progress this Bill: Trevor Khan (National Party), Penny Sharpe (Deputy Leader ALP) and Jo Haylen (ALP) and to the Health Minister Brad Hazzard who has given his public support to the Bill.
We urge the NSW Parliament to do the right thing by the women of NSW and pass this Bill.
The NSW Council for Civil Liberties has campaigned for this reform for over 50 years. Over the last two years we have been proud participants in the WEL Round Table – and more recently the Pro- Choice Alliance – of 60 organisations dedicated to persuading the NSW Parliament that they must act on behalf of the women of NSW and reform our archaic and cruel abortion laws.
Draft Reproductive Health Care Reform Bill 2019
The PJCIS is reviewing the legislation that established the excessive mandatory data retention regime in 2015.
This review is happening at a timely moment as the Australian community ponders the implications of the extraordinary AFP raids on the ABC and a News Limited journalist a few weeks ago. We were not surprised at the AFP raids on the ABC and other journalists. These intimidatory raids are an inevitable consequence of Australia's large expanding suite of surveillance and secrecy laws.
The mass data collection regime which is retained to allow access by intelligence and police officers is an important element of these laws and in itself poses a clear and major threat to journalists and whistle-blowers.
Not surprisingly it was hugely controversial legislation and generated widespread, vehement opposition from civil liberties/human rights groups, journalists and media organisations, privacy and IT groups and many others.
NSWCCL joined with other councils for civil liberties to oppose the Bill. We put in a Joint CCLs submission to the PJCIS and when it recommended an amended version of the Bill be passed by Parliament, we wrote to all Senators – as the last chance forum - urging them to abandon this indiscriminate and excessive collection of all Australian residents data and replace it with a less intrusive regime which targets only suspects.
While we failed to block the passage of the legislation, some concessions were achieved – including a ‘fix’ to protect journalists through a special Journalist Information Warrant and a review of the regime after three years. This is the review year.
Joint CCLs current position
We maintain our strong opposition to the legislation as disproportionate and incompatible with a healthy democracy. In our new submission we have again argued it should be repealed or significantly amended.
We are hopeful that some improvements to the legislation will result from this review, especially much needed safeguards - such as warrant approval for access to the retained telecommunications data. It is not likely that the PJCIS will recommend, or the Government approve repeal of the legislation.
The CCLs argue that the mandatory data retention regime is but one element of many excessive provisions in Australia’s uniquely large body of national security and counter-terrorism legislation. It is crucial for there to be a review of the cumulative chilling and intimidatory impact of the Government's expanded surveillance powers and secrecy offences relating to Government activity.
In reaction to public and media outrage the Government has now established a separate inquiry into the ‘impact of the exercise of law enforcement and intelligence powers on the freedom of the press’ to be conducted by the PJCIS.
We will be making a submission to this review – and arguing that that the PJCIS is not the appropriate Committee to conduct this inquiry as it has supported all the surveillance and secrecy legislation causing the problem.
CCLs submission to PJCIS data retention regime 2019
New South Wales Council for Civil Liberties is proud to announce two new awards for excellence in civil liberties journalism for an article or series of articles, or a radio, television or podcast presentation, promoting civil liberties. The two awards will be:
- for young journalists under the age of 30 on 2 August, 2019, and
- in the open category.